Consumer complaint received 2024-01-18
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: CAINE & WEINER COMPANY, INC. (GA)

This is a response from a computer generated letter that I received on XX/XX/XXXX dated XX/XX/XXXX from Caine & Weiner. I did not give this company written instructions to furnish anything on my consumer report. I want this company to delete this immediately. I owe no debt to Caine & Weiner and we have no business together. 

Violation # 1 18 U.S. Code 1028A - Aggravated identity theft ( a ) Offenses.

( 1 ) In general. 
Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. 

Caine & Weiner has knowingly transferred, possessed, and used my personal information for profit without my consent. 

Violation # 2 15 U.S. Code 1681b - Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

Caine & Weiner does not have permissible purpose. I have not given my written consent to this company for any reason. I have no business with this entity.

Violation # 3 15 U.S. Code 1681q - Obtaining information under false pretenses Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both. 

Caine & Weiner has accessed and obtained my consumer report under false pretenses.

Violation # 4 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.

Caine & Weiner is a nonaffiliated third party who has ruined my reputation by divulging incorrect and inaccurate information on my consumer report.

Violation # 5 15 U.S. Code 6801 - Protection of nonpublic personal information In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 

Violation # 6, # 7, # 8, # 9 15 U.S. Code 1692b - Acquisition of location information Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall ( 1 ) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer ; ( 2 ) not state that such consumer owes any debt ; ( 3 ) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information ; ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt ; and Caine & Weiner has not identified itself ; has stated that the consumer owes a debt ; has communicated with me without my request ; and uses symbols in the body of their letter indicating that they are in the debt collection business.

Violation # 10 15 U.S. Code 1692c - Communication in connection with debt collection ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt.

Caine & Weiner has not been given my prior consent, nor have express permission of a competent jurisdiction to contact me. 

Violation # 11 & # 12 15 U.S. Code 1692d - Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. 

Caine & Weiner has not only threatened, but also carried out that threat by damaging my reputation, and used obscene and profane language to coerce me to pay a debt that is not mine.

Violation # 13, # 14, # 15 15 U.S. Code 1692e - False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt; or ( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

Caine & Weiner has falsified the amount on my consumer report, as well as, in the letter. They have labeled themselves as attorneys on my consumer report. They have deceptively presented this debt as something I owe and have obtained my information under false pretenses.

Violation # 16, # 17, # 18 15 U.S. Code 1692g - Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

Caine & Weiner did not follow the proper procedures in the notification and validation of a debt.

Violation # 19 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

Caine & Weiner is in violation of the law. The Gramm-Leach-Bliley Act ( GLBA ) prohibits an agency from disclosing a consumer 's private information to a nonaffiliated third party unless such disclosure is made in accordance with section 6802 ( b ) of this title.