Consumer complaint received 2024-04-23
Product: Debt collection — Other debt
Issue: False statements or representation — Indicated you were committing crime by not paying debt
Company: EMCC Holdings, LLC (CA)

Dear XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Re : Equiant Financial XXXX  # XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX I am again writing to express my outrage and frustration with your company 's blatant violations of the Fair Debt Collection Practices Act ( FDCPA ). Your actions have caused me irreparable financial loss, unnecessary hardships, and negative credit impact. 

Firstly, your company has violated section 805 ( b ) of the FDCPA, which prohibits debt collectors from communicating with third parties about a consumer 's debt without the consumer 's consent or a court 's permission. By listing the same collection account at least 2 separate times on my credit report ( as both of the above accounts are the same ), you have unlawfully communicated false information to credit reporting agencies, which constitutes a violation of this section. 

Moreover, your company has also violated section 807 of the FDCPA, which prohibits debt collectors from using false, deceptive, or misleading representations in connection with the collection of a debt. By repeatedly listing the same fraudulent account on my credit report, you have engaged in deceptive and misleading practices, misrepresenting the character, amount, and legal status of the alleged debt. This constitutes fraud and is a clear violation of the law.

Secondly, Equiant Financial XXXX XXXX XXXX XXXX has engaged in unfair practices under the FDCPA by simply changing and updating the dates on my credit report to a current month without conducting any actual investigation or validation since 2018. Your failure to follow the mandatory 5-step validation procedure renders your actions unfair and unlawful. I demand that you immediately delete this account from all XXXX credit reporting agencies ( CRAs ). 

Furthermore, I want to emphasize that this collection is not based on any transaction I have made. The person or company who opened this account used my personal identification and signature without my authorization, and your company verified this fact. It is unacceptable that you continue to pursue this fraudulent debt despite having knowledge of its illegitimacy. I demand that you close this account immediately, as Equiant Financial XXXX XXXX XXXX XXXX has filed 2 false accounts on my credit report.

Additionally, it has come to my attention that you are not the original creditor, and there is no signed statement to your company verifying that such debt is owed to you. This constitutes fraud according to the FDCPA. Section 809 ( b ) of the FDCPA requires that, upon the consumer 's written request, the debt collector must provide verification of the debt, including the name and address of the original creditor. Your failure to provide this information further demonstrates your company 's disregard for the law and the rights of consumers.

Your company 's actions have caused me significant harm, and I will not hesitate to take legal action if you fail to rectify this situation promptly. I expect a swift response detailing the steps you will take to remove these fraudulent accounts from my credit report, cease all collection activities related to this matter, and ensure compliance with sections 805 ( b ), 807, and 809 ( b ) of the FDCPA. 

Sincerely, XXXX XXXX