Consumer complaint received 2023-03-31
Product: Debt collection — Other debt
Issue: Communication tactics — You told them to stop contacting you, but they keep trying
Company: Cedars Business Services, LLC (VA)

Company, Cedars Business Services, originally made first contact at the end of XXXX ( forget exact date ) regarding a claim of unpaid subscription from XXXX in the amount of {$120.00}. 

I stated that I believed the attempt to collect was fraudulent and would like to open an investigation of fraud. The agent complied and asked me to email proof of payment, cancellation, or otherwise. I found an email showing that I had cancelled the original free trial WITHIN THE TRIAL PERIOD via XXXX, and received an email from XXXX in XXXX of XXXX stating that the payment agreement had been cancelled. I never made a single payment towards the original account, as it was a free trial, and I believe the trial was opened fraudulently using my information. I emailed this documentation to Cedars Business Services. 

After receiving my proof of cancellation within the trial period, the original agent ( XXXX ), stated that I had shown clear proof of cancellation, and that an investigation would be opened regarding a fraudulent attempt to collect. Agent confirmed repeatedly that I had provided proof of cancellation. At this point, I requested a debt validation letter via mail, and requested to NOT BE CONTACTED via digital means or cell phone. I specifically requested to only be contacted via certified mail, and provided my current address ( XX/XX/XXXX ). 

I received NO VALIDATION LETTER WITHIN 5 DAYS OF CONTACT VIA PHYSICAL MAIL. Months went by and did not receive validation via physical mail, or any other form of documentation. 

Instead, I received a text message months later. on XX/XX/XXXX from Cedars Business Services stating that I had Promised a payment. Firstly, no payment was promised as I reported the attempt to collect as fraudulent. Secondly, this is a clear violation of the Debt Collection Rule, as I was contacted via Text Message, after a very clear request to Not be contacted anymore via digital means, clearly withdrawing my consent to digital contact. 

I was upset that i was contacted via text message after withdrawing consent to digital contact. I called and a new agent answered the phone. He again admitted, as I recall, I see you sent PROOF that the account was cancelled within the trial period, again confirming that I had sent clear proof. He stated that An investigation of fraud would be opened ( same script used in XXXX ). I stated that I was already told a fraud investigation was being opened over two months ago, and I asked if the original investigation had ever been opened, and the agent replied no and apologized. I asked why not, and was not provided any definitive answer. 

I then inquired why I was contacted via digital means after withdrawing consent and was told that there may have been a system glitch. This is concerning as it sounds like this could be a widespread practice ( violating Debt Collection Rule regarding digital contact after withdrawing consent ) at the collection agency in question, Cedars Business Services. 

The new agent, in XXXX of XXXX, was unable to provide proof of certified mailing of the Debt Validation letter as requested. He then stated that my request to stop digital contact was never properly recorded, and that the original investigation of fraudulent account was never opened. 

At this point, I inquired if the original agent had been dishonest, in notations or otherwise, when I was originally told an investigation of fraudulent collection was being opened and withdrew digital contact consent. The agent replied Yes, confirming that the original agent had misled me. I asked the agent to notate this inquiry / answer, where the agent confirmed misleading treatment regarding opening of a fraudulent investigation and digital contact consent. The agent repeatedly refused to notate that he had confirmed my inquiry of misleading practices regarding the promise of opening fraud investigation by the original agent. Agent stated that he was only going to notate that I expressed concern regarding the previous agents notation, not the answer yes which was a clear admittance of dishonest treatment per an agent of the Company. I implored that the agent record that he provided me confirmation of misleading practices, and he again refused to notate this interaction. 

Soon after, the agent said that I had withdrawn consent so he was going to hang up. I stated that I had many unanswered questions still, and had voluntarily consented to contact via phone by placing an outbound call to the agency in XXXX of XXXX. He hung up the phone at this point. After repeated attempts to call the agency again, I was repeatedly disconnected or received no answer. I clearly stated I have voluntarily called, implying consent to phone contact. I do not wish to withdraw consent of telephone contact., but was hung up on and blocked from speaking to an agent again. 

After months of collection attempts, there have been, in my opinion, many CLEAR violations of CFPB guidelines and/or questionable business practices : XXXX. ) Continued attempts to collect after providing proof of cancellation : email from XXXX stating Cancellation of automatic payment agreement within the free trial period. Multiple agents confirmed this was clear proof of cancellation, yet continued to attempt to collect. 

XXXX. ) Violation of Debt Collection Rule : digital contact via text message after withdrawing consent to digital contact. 

XXXX. ) Failure to send Debt Validation via certified mail, as requested, for over two months, FAR outside the five day window allotted. 

XXXX. ) Failure to properly notate requests of digital contact consent and opening of fraud investigation XXXX ) Agent confirmed that previous agent had been dishonest with me regarding notations, investigations, and digital consent.