Consumer complaint received 2024-03-11
Product: Debt collection — Other debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: Ratchford Law Group, P.C. (PA)

CFPB Complaint Against XXXX XXXX  and Ratchford Law Group I bring this complaint to the attention of the CFPB due to critical issues arising from the transfer and communication of rights post-merger, notably involving XXXX as the original creditor. The merger transitioned responsibilities to a new entity with a new name and corporate structure : XXXXXXXX XXXX Responsibilities, especially concerning debt collection and pre-existing payment arrangements, should have been re-established and communicated to me in compliance with both the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ). Their failure to notify me of an alleged debt, provide an opportunity to dispute it, and furnish debt validation represents a clear dereliction of the duties mandated by the XXXX  and XXXX. Under the XXXX a debt collector is defined as any person or entity who uses any instrumentality of interstate commerce or the mail in any business, the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect directly or indirectly, debts owed or due or asserted to be owed or due another. Despite all documents from XXXX XXXX and Ratchford Law Group listing XXXX as the creditor, XXXX XXXX attempts to collect using its name and the involvement of Ratchford Law Group under XXXX authorization violate the XXXX. Below are multiple more violations of the XXXX by XXXX XXXX and Ratchford Law Group in their attempts to collect an alleged debt from me. 

Violations Detail and Good Faith Efforts : XXXX. Unauthorized Debt Collection Representation [ XXXX U.S.C.A. XXXX ] : XXXX XXXX, succeeding XXXX as the original creditor, authorized Ratchford Law Group to collect a supposed debt in its name without adequately communicating the post-merger changes to me. This action, combined with the fact that I had a singular conversation with a collection representative from Ratchford Law Group in XX/XX/2017, who vaguely mentioned they were in the preparing lawsuit phase, coerced me into a payment agreement under the fear of litigation. This unclear representation and the failure to update the debt amount to reflect payments made between XXXX XXXX and Ratchford Law Groups contact represent a clear violation of XXXX. 
XXXX. Misleading Representation and Reporting Discrepancies [ XXXX U.S.C.A. XXXX ] : XXXX XXXX and Ratchford Law Group engaged in deceptive practices by falsely representing the debts amount and status. They reported a higher debt amount on my credit report than what they allege I owe, displaying a significant inconsistency. Moreover, my efforts to resolve these discrepancies, modify payment arrangements, and make good faith settlement offers were ignored, with no acknowledgment of whether my offers were even communicated to the alleged creditor or a letter returned regarding the same, violating sections XXXX and XXXX. 
XXXX. Failure to Validate Debt and Non-communication of Offers [ XXXX U.S.C.A. XXXX ] : I was never provided with an initial communication that detailed the debt, the creditors name, or any opportunity to dispute the validity of the debt within 30 days. My efforts to sort out discrepancies and engage in good faith discussions for a revised payment agreement ( on multiple occasions ) were met with silence from Ratchford Law Group, further infringing on my rights under XXXX. 

Unauthorized XXXX XXXX Representation [ 15 U.S.C.A. 1692a ] : XXXX XXXX, succeeding XXXX as the original creditor, authorized Ratchford Law Group to collect a supposed debt in its name without adequately communicating the post-merger changes to me. This ambiguity directly contravenes the stipulations under XXXX, questioning the legitimacy of their collection efforts. 
Misleading Representation [ 15 U.S.C.A. 1692e ] : XXXX XXXX and Ratchford Law Group engaged in deceptive practices by falsely representing the debts amount and status, particularly noting that the debt was not validly enforceable under current laws. Furthermore, there was a failure to provide initial written communication containing requisite XXXX disclosures, violating sections XXXX ( XXXX ) ( B ) ( XXXX ) and XXXX ( XXXX ) ( B ) ( XXXX ). 
Unfair Practices [ XXXX U.S.C.A. XXXX ] : The absence of communication over an extended period ( no communication from the date of the alleged debt to the filing of the lawsuit ) and the immediate litigation attempt without prior notice are prime examples of unfair and unconscionable collection methods. 
Failure to XXXX XXXX [ XXXX U.S.C.A. XXXX ] : At no juncture was I provided with an initial communication detailing the debt, the creditors name, or any opportunity to dispute the debts validity within 30 days, thereby stripping me of my rights under XXXX ( a ) ( XXXX ) - ( XXXX ) and further infringing on my ability to dispute as per XXXX ( b ) and XXXX ( d ). 
Furnishing Deceptive Forms [ 15 U.S.C.A. 1692j ] : By knowingly allowing Ratchford Law Group to proceed with actions that obscured their violations of the XXXX XXXX XXXX is complicit in the provision of deceptive forms and practices, violating XXXX. 

XXXX and Damages [ XXXX U.S.C.A. XXXX & XXXX ] : This complaint calls for the FTC and CFPBs intervention against XXXX XXXX and Ratchford Law Group for their egregious disregard for the XXXX, especially their failure to accurately communicate, correctly report, and engage in any form of good faith negotiation. I seek appropriate remedies for the damages and distress caused by their unlawful debt collection practices, as provisioned under XXXX.