Consumer complaint received 2024-06-07
Product: Debt collection — Medical debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: Creditors Bureau Associates (GA)

CBA of Macon 's attempt to collect a debt without conducting thorough and adequate research into its validity constitutes a clear violation of the Fair Debt Collection Practices Act ( FDCPA ). Case law, including XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), explicitly states that debt XXXX must take reasonable steps to ensure the accuracy of the information provided to them before pursuing collection efforts. Negligence in verifying the validity and details of the debt not only breaches federal law but also exposes your agency to legal liability. This negligence can lead to significant damages, both financial and reputational, as highlighted in XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ). 
The FDCPA provides debtors with a means for challenging payoff demands, and for determining the validity and accuracy of asserted debts. 
Civil Liability Under 15 U.S. Code 1692k will be sought if I am contacted again. Additionally, other legal methods may be sought Fair Debt Collection Practices Act ( FDCPA ) 15 U.S. Code 1692g.Validation of debts 1 ) If I send a written letter to a debt collector asking it to stop contacting me, it can only reach out to say there will be no more contact or say that its taking legal action against you. 
a. Written Cease and Desist Postmarked on XX/XX/XXXX. 
XXXX ) Proof you have investigated and that the debt is valid a debt collector must send a written notice within XXXX days of contacting you. It must include : a. How much you owe. 
i. They have never sent information from XXXX concerning the double charge of the same amount and information related to why it was double charged. 
b. An explanation that you have 30 days to dispute the validity of the debt. 
i. Not provided clearly by wither CBA of GA XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX i. This debt is invalid and was paid in full by XXXX. An attempt to charge a second time could be seen as insurance fraud. 

If this account is reported to any CREDIT Reporting Agency you may be sued for Violation of 15 U.S. Code 1692g, 15 U.S. Code 1681o., 19 U.S. Code 1592, OCGA 51-1-2, 51-2-5.

This Letter Serves as a Written Cease and Desist.

I am writing to formally address the actions of Credit Bureau Associates of GA and its representatives concerning their negligent behavior and violation of the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq. I believe that your recent conduct toward me constitutes a serious infringement of my rights under this federal law. 
On XX/XX/XXXX I received a letter from them alleging a debt they did not research with due diligence. They have engaged in the following actions, which I assert are clear violations of the FDCPA : Harassment : Repeated and continuous mail from various medical companies without doing due diligence on those bills. 
False Representation : Misleading statements regarding the amount, character, or legal status of the debt. They have sent inaccurate information they knew to be false either by malicious intent or by negligent action. 
Unfair Practices : Employing unfair or unconscionable means to collect or attempt to collect the alleged debt. For instance, XX/XX/XXXX they are " attempting to collect an amount not authorized by the agreement creating the debt or permitted by law '' These actions are not only distressing and unwarranted but also in direct contravention of the FDCPA, which expressly prohibits such conduct to protect consumers from abusive, deceptive, and unfair debt collection practices. 
Due to these violations, I demand the following : Immediate cessation of all communication and debt collection activities related to the alleged debt. 
Written confirmation that my account will be updated to reflect that no further collection attempts will be made in the future without due diligence to confirm the debt is valid. If it is an insurance or medical bill they will provide written correspondence from both insurance and medical company before attempting to collect any debt. 
Please consider this letter a formal demand for compliance with the FDCPA and a prelude to potential legal action should these demands not be satisfactorily addressed within 30 days of receipt of this letter. Should you fail to meet these demands, I will not hesitate to pursue all available legal remedies to protect my rights and obtain just compensation for your violations. 
I trust Credit Bureau Associates of GA will take this matter seriously and look forward to your prompt response. 
Sincerely, REDACTED CBA ACCOUNT XXXX XXXX XXXX XXXX, XXXX, XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : Summary : The Supreme Court held that the FDCPA does not provide a defense for debt collectors who make legal errors when attempting to collect a debt, emphasizing the necessity for accurate and thorough information gathering. 
Relevance : This case underscores the responsibility of debt collectors to ensure they have accurate and complete information before proceeding with collection actions. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) : XXXX : The XXXX XXXX held that debt collectors must take reasonable steps to ensure the accuracy of the information provided to them by creditors before attempting to collect a debt. 
XXXXXXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXXXXXX XXXX  XXXX ) : XXXX : XXXX XXXX XXXXXXXX ruled that a debt collector could be liable for attempting to collect a debt without possessing sufficient evidence or verifying the debt 's validity. 
Relevance : This case illustrates the legal requirement for debt collectors to have substantive evidence of the debt before initiating collection efforts. 
XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : Summary : The Supreme Court held that attorneys who regularly engage in consumer debt collection activities are subject to the FDCPA, just like other debt collectors. 
XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXXXXXX ) : XXXX XXXX XXXX XXXXXXXX XXXX emphasized the need for debt XXXX to verify the accuracy and legitimacy of the debts they seek to collect, holding them accountable for failing to do so. 

This DEBT HAS NOT BEEN VERIFIED additionally it was DOUBLE CHARGED TO THE INSURANCE COMPANY and NO VERIFICATION was done by CBA. They maybe likely ASSISTING in possible insurance fraud as a co conspirator " The OCGA ( Official Code of Georgia Annotated ) co-conspirator clause in relation to insurance fraud by a debt collection agency is a provision within Georgia law that addresses the liability of individuals or entities involved in conspiratorial activities. In the context of insurance fraud perpetrated by a debt collection agency, the co-conspirator clause would apply if multiple individuals or entities conspired together to commit fraudulent acts related to insurance. This clause holds all participants in the conspiracy equally accountable for the illegal actions, regardless of their specific roles or levels of involvement. Therefore, if a debt collection agency is found to be part of a conspiracy to commit insurance fraud, all parties involved, including individuals within the agency, could be held liable under the XXXX co-conspirator clause. This provision serves to deter collusion in fraudulent activities and ensure that all those involved face legal consequences for their actions '' CBA contacted on XXXX sent ERRONEOUS unverified information on XXXX ANYWAY as an INTENTIONAL act of NEGLIGENCE CBA has never contacted insurance company to VERIFY information CBA has not provided CORRECT information CBA is intentionally violating a cease and desist by providing fraudulent information they know to be false by omission of checking with an insurance company Failure to comply with a request made under the Fair Debt Collection Practices Act ( FDCPA ) by a credit collection agency is considered illegal due to the act 's provisions designed to protect consumers from abusive debt collection practices. The FDCPA mandates that debt collectors provide certain information upon request, such as verification of the debt or ceasing communication altogether. Ignoring these requests can result in legal repercussions for the debt collector, including fines and potential litigation. Similarly, violating a cease and desist order, where a consumer explicitly requests that the debt collector stop contacting them, is also illegal under the FDCPA. Continued communication after such a request can lead to further penalties and legal action against the debt collector. These regulations aim to ensure fair treatment and protect consumers from harassment in debt collection processes.