Consumer complaint received 2024-02-19
Product: Debt collection — Other debt
Issue: False statements or representation — Impersonated attorney, law enforcement, or government official
Company: The CMI Group, Inc. (OH)

On XX/XX/XXXX a company called " Credit Management '' contacted my fianc, without verifying who she was or initially asking for her relationship to me, notifying her they were attempting to collect a debt, purportedly owed by me, which has come to my attention under circumstances that raise significant legal questions about their collection practices. 

1. ) They identify as " Credit Management '' or " Credit Management Company '' and do not initially disclose that they are debt collection company trying to collect a debt.

2. ) They contacted my fianc first, without asking her name, who she was, or her relationship before saying they were attempting to contact me regarding a debt that they claimed I owe.

3. ) They contacted me via phone immediately after, when she gave them no information. Indicating they had my number, but contacted her first, without any reason.

4. ) They did not disclose they were a debt collector or attempting to collect a debt, and they called from a masked number. They simply put me on hold, and so I thought the number was initially a spam call and hung up.

5. ) When I called the number back after cross-referencing it with the number that called her, they only identified as " credit management '' and not a debt collector attempting to collect a debt, before putting me on hold again. I hung up, assuming it was a fraudulent call.

6. ) I received a letter of them accusing me of a debt I owed from a utility company ( XXXX XXXX XXXX XXXX ) that is from an address I rented at in XXXX. This supposed debt is over 4 years old and I haven't received any information regarding it that I know of, and it seems highly suspicious. I sent a communication via their website to provide any information and history surrounding this supposed debt. When I went to verify this debt with XXXX XXXX XXXX XXXX, the account has no information or record. 

XXXX. ) I contacted the company via phone to request an email address I could send a message to, and they indicated that I have to use their " portal '' or their website for electronic communications. This hampers my capability to document interactions, such as a formal request made under the FDCPA, and is potentially affecting my ability to present evidence in legal contexts, and include any additional parties or government agencies/agents.

Although I am not a lawyer, or an attorney, I believe ( and may be wrong in doing so ) that there have been several repeated violations of the FDCPA. 

1. ) Violation of Privacy and Third-Party Disclosure ( 15 U.S.C. 1692b & 1692c ( b ) ) : The FDCPA restricts communication with third parties regarding a consumers debt without their explicit consent. Their contact with my fianc without verifying an identity or relationship before attempting to notify me directly, despite having my phone number, contravenes these provisions. 

Additionally, when they called her they made it appear as it was completely certain that I owed the debt, without offering me a chance to dispute or even saying it as a " potential debt '' - jumping legal processes and assuming debts are certain, without contacting the potential debtor, seems to be potential grounds for defamation. 

2. ) Misleading or Deceptive Practices ( 15 U.S.C. 1692e ) : The use of a company name such as " Credit Management '' or " Credit Management Company '' without clear and immediate disclosure that the communication is an attempt to collect a debt, may be construed as misleading, potentially violating the Acts prohibition against deceptive practices. This also matters when their company is masking its phone numbers to appear as local numbers, so the recipient is unable to verify the number they're receiving a call from.

Additionally, the company attempted to contact me over the phone though I was immediately put on hold, without any prompt or indication of who they were. I attempted to call the number they contacted my fianc and I from and it did not directly disclose any information pertaining to debt collection, just " credit management '', and I was put on hold immediately again without being put in contact with anyone. This resulted in me hanging up, as I initially thought it was fraudulent.

3. ) Prohibitions Regarding Unusual or Inconvenient Times or Places ( 12 CFR Part 1006 1006.6 ( b ) ( 1 ) ) : Under Regulation F, enforcing the FDCPA, debt collectors are instructed to avoid communicating in ways inconvenient to the consumer. Their exclusive use of a privately-owned and controlled portal, limiting my ability to involve third parties or express my communication preferences, seems to neglect these guidelines, possibly infringing upon my rights. This approach also hampers my capability to document interactions, potentially affecting my ability to present evidence in legal contexts.

Finally, they are attempting to collect a debt, that I may or may not owe, from a utility company who I closed an account with roughly 4 years ago, from a property I rented that has been bought and sold since. I have no access to this account, the utility company has scrapped all information and access to said account, and thus I am limited in my legal representation. I can neither verify or deny the debt is truly owed due to the length of time and questionable practices by both Credit Management and XXXX XXXXXXXX XXXX XXXX