Consumer complaint received 2023-09-20
Product: Debt collection — Medical debt
Issue: Communication tactics — Used obscene, profane, or other abusive language
Company: Terrill Outsourcing Group (GA)

[ XXXX XXXX ] [ XXXX XXXX XXXX ] [ XXXX, GA, XXXX ] [ XXXX ] [ XXXX ] [ XX/XX/23 ] Superlative RM [ XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX [ XXXX, AZ, Zip XXXX ] [ XXXX ] [ XXXX ] Re : Pre-Arbitration Demand Letter Pursuant to the Fair Debt Collection Practices Act ( FDCPA ) and Unlicensed Debt Collection in the State of Georgia Dear Sir/Madam, I am writing to bring to your attention several serious concerns regarding your debt collection activities as they pertain to me, [ XXXX XXXX XXXX XXXX and to demand immediate resolution of these issues prior to the initiation of arbitration proceedings or federal court proceedings. 
The company XXXX XXXX XXXX XXXX sold my information to a Debt collection company by the name of Superlative RM, XXXX XXXX XXXX XXXX XXXX California XXXX. I had no business with XXXX XXXX XXXX and you have no license to collect debt in the state of Georgia, I have exhibits of you having no license to collect debt furthermore I have written communication that XXXX XXXX XXXX provided my information to this company, and also recorded phone calls from this company stating that you they sold my information. I also was harassed by the agent when I told him I was at work and continuously to harass me at my place of employment stating that I owe a debt. Furthermore, than decided to send me more information after I stated on my recording that I refuse to pay the debt, and you have the wrong person. I have written communication from the company that admit to you selling my information, and recorded phone calls of harassment. 
You have violated the Fair Debt Collection Practices Act Unauthorized Disclosure : The sale of your information to another debt collector may be seen as an unauthorized disclosure to a third party, which is generally prohibited under the FDCPA.

Communication with Third Parties : If the sale of your information leads to communication between the debt collectors that results in harassment or abusive conduct, it could be considered a violation of the FDCPA 's provisions regarding unfair or deceptive practices.

Accuracy of Information : The FDCPA also mandates that debt collectors provide accurate information about your debt. If the sale of your information leads to inaccuracies in how your debt is portrayed, it may be considered a violation.

You have violated the Gramm-Leach-Biley Act You have violated the Consumer Financial Protection Act You have violated the Federal trade Commission Act 15 USC 1692c 805. 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 -- ( 1 ) at any unusual time or place or a time or place known, or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antemeridian and before 9 o'clock postmeridian, local time at the consumer 's location.

( 2 ) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney 's name and address, unless the attorney fails to respond within a reasonable period to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or ( 3 ) at the consumer 's place of employment if the debt collector knows or has reason to know that the consumer 's employer prohibits the consumer from receiving such communication.

Violation of the Fair Debt Collection Practices Act ( FDCPA ) : Under the Fair Debt Collection Practices Act ( FDCPA ), debt collectors are prohibited from engaging in abusive, unfair, and deceptive practices when attempting to collect debts from consumers. I believe XXXX XXXX XXXX has violated my rights under the FDCPA in the following ways : 15 USC 1692d 806. Harassment or abuse ( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

a. Harassment and Abuse : [ Provide specific details of any harassment or abusive conduct you have experienced, such as incessant phone calls, threats, or intimidation tactics used by XXXX XXXX XXXX. I have exhibits as in emails and recorded calls from an agency that you sold my information to without my consent. I explained that I was at work to the representative, and he kept talking stating that I need to pay a debt after I explained I refused to pay the debt on recording and Im at work and he caused me to get in trouble from continuously to call me. ] b. False or Misleading Representation : [ Specify any false or misleading statements or representations made by XXXX XXXX XXXX in their debt collection communications. This company has sold my personal information to someone who I have not provided written consent and doesnt have a license to collect debt in the state of Georgia XXXX ] c. Unfair Practices : [ Describe any unfair practices you have encountered, such as misapplication of payments or the imposition of excessive fees. This agency also didnt verify the amount they are telling me to pay that is not my debt. I have been injured by this at work. ] These alleged violations of the FDCPA have caused me significant distress and financial harm, and I insist on prompt resolution in accordance with the law. 

Unlicensed Debt Collection in the State of Georgia : I have reason to believe that XXXX XXXX XXXX is conducting debt collection activities in the state of Georgia without the necessary licensing as required by state law. Under Georgia law, debt XXXX must be licensed to operate within the state. Please provide evidence that XXXX XXXX XXXX holds the requisite license to collect debt in the state of Georgia. Failure to do so will constitute a violation of Georgia state law. 

I demand that XXXX XXXX XXXX takes immediate steps to rectify these issues by : a. Ceasing all further debt collection activities against me. 

b. Providing written confirmation that the alleged debt in question has been withdrawn or resolved. 

c. Providing written confirmation that XXXX XXXX XXXX is licensed to collect debt in the state of Georgia. 

d. Acknowledging, in writing, any violations of the FDCPA and a commitment to cease any further prohibited conduct. 

e. Providing compensation for any damages, including actual damages and legal fees, incurred as a result of the FDCPA violations and unlicensed debt collection. 

This letter is not an admission of any liability on my part, and I expressly reserve all my rights and remedies under federal and state law. 

I expect a prompt response to this letter within [ XXXX calendar days ] from the date of receipt. If XXXX XXXX XXXX fails to address these concerns and provide satisfactory resolution within the specified time frame, I will have no choice but to pursue legal remedies, including arbitration, or filing a federal lawsuit to protect my rights. 

Please consider this letter as a genuine attempt to resolve this matter amicably and avoid costly and time-consuming legal proceedings. 

Sincerely, [ XXXX XXXX ]