Consumer complaint received 2023-06-01
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: HCFS Healthcare Financial Services of TeamHealth (OH)

Subject : Cease and Desist Notice - Account Number : XXXX Dear XXXX XXXX XXXX, I hope this letter finds you well. My name is XXXX XXXX. I am writing to you, XXXX XXXX XXXX, as a response to the numerous communications I have received from Account Resolution Services, LLC ( ARS ) regarding an alleged debt that you claim I owe. However, I would like to bring to your attention that I have never given any permission to ARS to use my identifying information for any purposes, including committing mail fraud or contacting me regarding this alleged debt. 

According to my understanding of the law, as outlined in Article 9, the assignment of a defaulted note is illegal. Both the assignee and the assigned party are liable for violations under 15 U.S. Code 1692e ( 12 ). I have not validated any alleged debt with ARS ACCOUNT RESOLUTION, and I want to emphasize that my failure to dispute the validity of these alleged debts should not be construed as an admission of liability. 

As of XX/XX/23, I have not received any documentary evidence, such as a trilateral contract, which would grant Account Resolution Services, LLC any right to collect on this alleged debt. Furthermore, I have never received any documentation requesting validation from ARS before you committed multiple violations under the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ) by furnishing this alleged debt to my consumer report, including but not limited to 15 U.S. Code 1692d ( 4 ), which the Federal Trade Commission ( FTC ) defines as debt parking.

If Account Resolution Services, LLC can not provide me with proof, such as a tracking number, that you lawfully attempted to validate this alleged debt with me, the consumer, prior to furnishing it on my consumer report, it is evident that this has been a fraudulently furnished account with premeditation and malice in an attempt to harm my financial reputation. I want to make it explicitly clear that I am legally refusing to pay this debt pursuant to 15 U.S. Code 1692c ( c ). 

Therefore, I am demanding an immediate cease and desist of all illegal activities, including any communication and collection efforts related to this alleged debt, until Account Resolution Services, LLC can provide me with sufficient documentary evidence demonstrating that I have any legal obligation to pay you. If the aforementioned documentary evidence can not be produced, and if Account Resolution Services, LLC persists in its collection efforts, I will have no choice but to pursue litigation to seek compensation for the actual damages caused. Furthermore, Account Resolution Services, LLC will be held criminally liable for aggravated identity theft pursuant to 18 USC 1028A, as well as for extortion, theft by deception, securities fraud, and mail fraud.

I kindly request that you promptly acknowledge the receipt of this notice and respond within 4 business days to address the concerns raised herein. Please be aware that I am keeping detailed records of all correspondence and actions related to this matter. 

Your immediate attention to this serious issue is both requested and required. I trust that you will take the necessary steps to resolve this matter appropriately and in compliance with the applicable laws and regulations. I look forward to a swift and satisfactory resolution. 

Yours sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX