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: Franklin Collection Service, Inc. (TX)

To : FRANKLIN COLLECTION SERVICE INC XXXX XXXX XXXX XXXX XXXX. XXXX, XXXX XXXX. 
www.franklinservice.com. 
Email : XXXX  Cc : Employee XXXX XXXXXXXXSimulated Voice ) Who Called From XXXX  at XX/XX/XXXX ( Phone Records to Verify By Way Of Screen-Shot ) Another call by ( XX/XX/XXXX-Simulated Voice ) on or about XX/XX/XXXX to cell number XXXX, belonging to XX/XX/XXXX 

From : XX/XX/XXXXTo Whom It May Concern, First and foremost, XX/XX/XXXXdenies any and all claims as it pertains to a debt owed to Franklin Collection Service Inc. and/or its principle that Franklin alleges to represent concerning this matter.

By sending Franklin Collection Services Inc. this correspondence, XX/XX/XXXXis in compliance with FDCPA [ Fair Debt Collection Practices Act ], FCRA [ Fair Credit Reporting Act ] and TCPA [ Telephone Consumer Protection Act ]. This letter does not constitute XX/XX/XXXXacknowledging a debt owed, nor reinstates statute of limitations. This correspondence does put Franklin Collection Services Inc. on notice to cease and desist all communications in compliance with aforementioned laws stated within this paragraph.

Preliminary Statement : Fair Debt Collections Practice Act As amended by Public Law 111-203, title X, 124 Stat. 2092 ( 2010 ) The Fair Debt Collection Practices Act ( FDCPA ) ( 15 USC 1692 et seq. ), which became effective in XX/XX/XXXX, was designed to eliminate abusive, deceptive, and unfair debt collection practices. It also protects reputable debt collectors from unfair competition and encourages consistent state action to protect consumers The FDCPA applies only to the collection of debt incurred by a consumer primarily for personal, family, or household purposes. It does not apply to the collection of corporate debt or debt owed for business or agricultural purposes. 

The FDCPA defines a debt collector as any person who regularly collects, or attempts to collect, consumer debts for another person or institution or uses some name other than its own when collecting its own consumer debts. 

A debt collector may not communicate with a consumer at any unusual time ( generally before XXXX XX/XX/XXXX or afterXX/XX/XXXX in the consumers time zone ) or at any place that is inconvenient to the consumer, unless the consumer or a court of competent jurisdiction has given permission for such contacts.

For communications with a consumer or third party in connection with the collection of a debt, the term consumer is defined to include the borrowers spouse, parent ( if the borrower is a minor ), guardian, executor, or administrator. If, within the thirty-day period, the consumer disputes in writing any portion of the debt or requests the name and address of the original creditor, the collector must stop all collection efforts until he or she mails the consumer a copy of a judgment or verification of the debt, or the name and address of the original creditor, as applicable.

The Federal Trade Commission ( FTC ) is the primary enforcement agency for the FDCPA.

Action against debt collectors for violations of the FDCPA may be brought in any appropriate U.S. district court or other court of competent jurisdiction. The consumer has XX/XX/XXXXyear from the date on which the violation occurred to start such an action.

The FDCPA preempts state law only to the extent that a state law is inconsistent with the FDCPA. A state law that is more protective of the consumer is not considered inconsistent with the FDCPA.

A debt collector who fails to comply with any provision of the FDCPA is liable for Any actual damages sustained as a result of that failure Punitive damages as allowed by the court : In an individual action, up to {$1000.00} In a class action, up to {$1000.00} for each named plaintiff and an award to be divided among all members of the class of an amount up to {$500000.00} or XXXX percent of the debt collectors net worth, whichever is less Costs and a reasonable attorneys fee in any such action In determining punitive damages, the court must consider the nature, frequency, and persistency of the violations and the extent to which they were intentional. In a class action, the court must also consider the resources of the debt collector and the number of persons adversely affected.

Please answer and verify the following questions as it pertains to why Franklin Collection Services Inc. is contacting XXXX for an alleged debt owed that XXXX denies in general all and any outstanding claims. 

1. Please provide verified ( 15 U.S.C. 1681 et seq, 1692g ), not validated, documentation signed by XXXX on the front and back of any and all documents you may have in your possession that XXXX contracted with you concerning a debt owed. Verified means your organization and/or your principle is in compliance with GAAP or General Accepted Accounting Principle that all business must follow so that they are in compliance with Internal Revenue Service Laws et. Seq.

2. Please provide verified, not validated, documentation signed by XXXX of how Franklin Collection Services Inc. calculated the amount outstanding. Example, interest charged, principal amount, default amount etc.

3. Please provide verified, not validated, documentation that you are Holder-in-due Course and that it was signed by XXXX. 

4. Please provide verified, not validated, documentation of the chain of title, indicating XXXX signature concerning an alleged debt owed.

5. Please explain for verification, not validation purposes, all account numbers indicated on any and all correspondence that your organization may send XXXX as it pertains to an alleged debt owed. 

6. Franklin Collection Services Inc. is in compliance with FDCPA and FCRA by having in its possession the original signed effective agreement indicating XXXX signature that is expressly authorized by the agreement ( listing terms and conditions ) creating the debt or by state law. 

7. Franklin Collection Services Inc. is partially in compliance with FDCPA and FCRA.

8. Franklin Collection Services Inc. is not in compliance with FDCPA, FCRA and TCPA for failing to have in its possession the original signed effective agreement indicating XXXX signature, the terms and conditions, that is expressly authorized by the agreement creating the debt or by state law. 

9. XXXX is aware that the debt collection industry is aXX/XX/XXXX industry that makes profits off of submitting robo-signed documentation and account stated actions without including the original signed effective agreement indicating the terms and conditions. In other words, Franklin and many others hope the least sophisticated consumer never responds within the time allotted by law ( waivers rights ) in hopes of achieving a default. And it is questionable whether courts reprimand such actions by debt collectors. See XX/XX/XXXX ), The total number of collection suits from XXXX to XXXXthe Georgia Collection suits topped XXXX. According to the Bureau, most cases ended in a default judgment or settlement. ( See CFPB at XX/XX/XXXX( Respondents, through their internal and external attorneys, filed more than XXXX collection lawsuits against consumers across the country ) 10. Please provide verified, not validated, documentation signed by XXXX indicating who funded the note in accordance with GAAP concerning an alleged debt owed to Franklin Collection Services Inc ( Agent ) who is representing its principle.

11. Franklin Collection Services Inc. is in compliance with statute of limitations as it pertains to an alleged debt owed by XXXX that authorizes Franklin to pursue, as well as, report an outstanding debt to all three consumer reporting agencies in compliance with FDCPA and FCRA.

12. Franklin Collection Services Inc. is not in compliance with statute of limitations as it pertains to an alleged debt owed by XXXX and is barred to pursue and to report an outstanding debt to all three consumer reporting agencies for being in non- compliance with FDCPA and FCRA .

Fair Credit Reporting Act : The Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., Public law : 91-508 The Fair Credit Reporting act is federal legislation enacted to promote the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies. Originally published : XX/XX/XXXX Enacted by : the 91st United States Congress. Other short titles : Consumer Credit Protection Act Amendment ; Consumer Credit Reporting ; Credit Reporting Agencies.

The Act ( Title VI of the Consumer Credit Protection Act ) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report can not be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority.

1. Please provide verified, not validated, documentation signed by XXXX on the front and back of any and all documents ( original signed effective agreement ) you may have in your possession listing the terms and conditions that authorizes your organization and/or your principle to report any information ( esp. adverse in nature ) to the consumer reporting agencies in compliance with FCRA that XXXX owes an alleged debt that is in collection status. 

2. Franklin Collection Services Inc. is always in compliance with FCRA.

3. Franklin Collection Services Inc. is not in compliance with FCRA.

4. Franklin Collection Services will explain why is has received XXXX complaints filed with the Better Business Bureau in which XXXX were resolved to consumer satisfaction. 

5. Franklin Collection Services Inc. will explain why the CFPB has recorded XXXX complaints over a XXXX year period. 

6. Before Franklin Collection Services Inc. reports anything to the consumer reporting agencies, they can verify how they calculated the amount, calculated the interest, disclose the principal and default amount in compliance with FCRA and FDCPA along with terms and conditions.

7. Franklin Collection Services Inc. is in compliance with statute of limitations as it pertains to an alleged debt owed by XXXX that authorizes Franklin to report an outstanding debt to all three consumer reporting agencies in compliance with FCRA.

8. Franklin Collection Services Inc. is not in compliance with statute of limitations as it pertains to an alleged debt owed by XXXX and therefore can not report any adverse information to all three consumer reporting agencies in compliance with FCRA.

Telephone Consumer Protection Act : The Telephone Consumer Protection Act of 1991 ; Public Law 102-243, The Telephone Consumer Protection Act was passed by the United States Congress in 1991 and signed into law by President George H. W. Bush as Public Law 102-243. It amended the Communications Act of 1934. The TCPA is codified as 47 U.S.C. 227. 

In an effort to address a growing number of telephone marketing calls, Congress enacted in 1991 the Telephone Consumer Protection Act ( TCPA ). The TCPA restricts the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages.

Do not call anyone listed in the National Do Not Call Registry.

Residences may not be called before XX/XX/XXXX or after XX/XX/XXXX in that residence time zone.

Do not deliver artificial voice calls or recordings to residences without prior express written consent.

Do not use autodialers, recordings, or simulated voices to make calls to mobile phones or other recipients where the receiver pays for the call itself.

It is prohibited to make calls using an automatic telephone dialing system ( ATDS ) to : o Any emergency telephone line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency, o To the telephone line of any guest room or patient room of a hospital, o health care facility, elderly home, or similar establishment ; or o To any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call.

It is prohibited to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party, unless the call is initiated for emergency purposes or is exempted by rule or order by the Commission under paragraph ( 2 ) ( B ) of Telephone Consumer Protection Act 47 U.S.C. 227 ; It is prohibited to : o ( C ) to use any telephone facsimile machine, computer, or other devices to send, to a telephone facsimile machine, an unsolicited advertisement to a telephone facsimile machine, unless the unsolicited advertisement is from a sender with an established business relationship with the recipient or the sender obtained the number of the telephone facsimile machine through the voluntary communication of such number, within the context of such established business relationship, from the recipient of the unsolicited advertisement, or through a directory, advertisement, or site on the Internet to which the recipient voluntarily agreed to make available its facsimile number for public distribution, o Except in the case of an unsolicited advertisement that is sent based on an established business relationship with the recipient that was in existence before XX/XX/XXXX, if the sender possessed the facsimile machine number of the recipient before such date of enactment.

1. Please provide verified, not validated, documentation signed by XXXX on the front and back of any and all documents ( original signed effective agreement ) you may have in your possession listing the terms and conditions in compliance with TCPA that authorizes your organization and/or your principle to contact XXXX on his cellular device for the purposes of collecting a debt in which XXXX pays for mobile service. 

2. Franklin Collection Services Inc. contacted XXXX on his cellular device in compliance with TCPA on XX/XX/XXXX at approximately XXXX and onXX/XX/XXXX 

3. Franklin Collection Services Inc. contacted XXXX on his cellular device in non-compliance of TCPA onXX/XX/XXXX at approximately XXXX and on XX/XX/XXXX. 

4. Franklin Collection Services Inc. contacted XXXX on his cellular device and left an artificial/simulated voice or robo-recording in non-compliance of TCPA onXX/XX/XXXX andXX/XX/XXXXin their attempts to collect an alleged debt from XXXX. See Screen Shot.

5. Franklin Collection Services Inc. has never tried to contact XXXX on his cellular device for the purposes of collecting an alleged debt owed by XXXX, therefore never violating TCPA. 

Cc : Office of The Attorney General Attn : XXXX XXXX Consumer Protection Division XXXX XXXX XXXX XXXX, TX XXXX XXXX XXXX XXXX , TX XXXX In Proper Person all rights reserved UCC1.308