Consumer complaint received 2024-08-02
Product: Debt collection — Credit card debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Rausch Sturm LLP (NC)

XX/XX/XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX XXXX Subject : Formal Complaint Regarding Unfair Debt Collection Practices and Violation of FDCPA by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Rausch Stern , LLC  Dear Consumer Financial Protection Bureau XXXX I am submitting this formal complaint against XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and Rausch Stern , LLC for ongoing and repeated violations of the Fair Debt Collection Practices Act ( FDCPA ), specifically under 15 U.S.C. 1692e, 1692f, and 1692g. These violations have resulted in a significant and unjustifiable impact on my financial standing and creditworthiness. 

Background : XXXX XXXX XXXX  : Upon initial contact with XXXX XXXX XXXX XXXXXXXX in XXXX and XX/XX/XXXX, I was informed that my account was closed and had been sold to The XXXX XXXX XXXX. The representative explicitly stated that no payments could be accepted by XXXX XXXX XXXX XXXX XXXX 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  only to be told that the account was also closed and had been transferred to Rausch Stern, LLC. Like the first entity, XXXX XXXX XXXX XXXX also confirmed that they could not accept any payments on the account. 

Rausch Stern, LLC : Subsequently, I reached out to Rausch Stern, LLC in XXXX XXXX XXXX where I was informed that their account was also closed, and no payments could be made towards the debt. 

Repeated Attempts to Resolve the Dispute : I have made numerous attempts to dispute this collection through the credit bureaus, providing detailed documentation of these interactions and the fact that each agency claims that the account is closed and can not accept payments. Despite these efforts, my disputes have been repeatedly denied, and the debt continues to be reported on my credit report, causing ongoing harm to my credit standing. 

Violations of the FDCPA : The actions of XXXX XXXX XXXX XXXX XXXX XXXX XXXX, and Rausch Stern, LLC collectively constitute severe violations of the FDCPA, which is intended to protect consumers from precisely this type of misconduct. 

Violation of 15 U.S.C. 1692e False and Misleading Representations : Each entity has engaged in deceptive practices by reporting a debt to credit bureaus while simultaneously refusing to accept payment on the grounds that the account is closed. This conduct is misleading and violates 1692e, which prohibits debt collectors from using any false, deceptive, or misleading representation in connection with the collection of any debt.

Violation of 15 U.S.C. 1692f Unfair or Unconscionable Practices : The FDCPA under 1692f forbids the use of unfair or unconscionable means to collect or attempt to collect any debt. By preventing me from resolving the debt through consistent deferral to another entity, these agencies have created a scenario where I am trapped in an unresolved debt status without any legal recourse to settle the debt. This constitutes an unconscionable practice that is expressly prohibited by the FDCPA. 
Violation of 15 U.S.C. 1692g Validation of Debts : Under 1692g, debt collectors are required to provide consumers with a validation notice containing key details about the debt and the consumers rights to dispute it. Despite my requests for clarification, I have been given conflicting and confusing information from each agency, preventing me from understanding the true status of the debt or taking appropriate action to resolve it. 
Harm and Request for CFPB Intervention : The continuous reporting of this unresolved and unpayable debt has caused significant damage to my credit report, impacting my ability to obtain credit, secure loans, and pursue other financial opportunities. Moreover, the repeated denial of my disputes, despite clear evidence that no entity can accept payment, represents a grave injustice and a violation of my consumer rights under the FDCPA. 

I am requesting the CFPB 's immediate intervention to : Investigate the practices of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and Rausch Stern , LLC, particularly their violations of 1692e, 1692f, and 1692g.

Enforce the Removal of the erroneous and harmful debt entry from all credit reporting agencies.

Ensure Compliance with the FDCPA by requiring these agencies to update their records and cease any further collection activity or reporting on the closed and unpayable account.

The actions of these debt collectors are not only legally questionable but also ethically unacceptable. I look forward to your prompt attention to this matter and a resolution that upholds the rights and protections afforded to consumers under the FDCPA. 

Thank you for your consideration and assistance. 

Sincerely, XXXX XXXX