Consumer complaint received 2024-05-01
Product: Debt collection — Other debt
Issue: Took or threatened to take negative or legal action — Threatened or suggested your credit would be damaged
Company: CAINE & WEINER COMPANY, INC. (GA)

CAINE WEINER Is alleging I owe a debt I do not. I have no contractual obligation under federal law to pay a debt I did not agree too. Furthermore I did not receive my notice of my right to dispute this debt prior to it being added to my consumer report. Under federal law I am entitled to dispute any debt before it is added to my file. CAINE WEINER does not have authority to collect any part thereof of the amount they are alleging. 

A debt collector XXXX not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( XXXX ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. 
( XXXX ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than XXXX days unless such person is notified in writing of the debt XXXX intent to deposit such check or instrument not more than XXXX nor less than XXXX business days prior to such deposit. 
( XXXX ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. 
( XXXX ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. 
( XXXX ) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees. 
( XXXX ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement. 
( XXXX ) Communicating with a consumer regarding a debt by post card. 
( XXXX ) Using any language or symbol, other than the debt XXXX address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector XXXX use his business name if such name does not indicate that he is in the debt collection business. 

( a ) Notice of debt ; contents Within XXXX days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( XXXX ) the amount of the debt ; ( XXXX ) the name of the creditor to whom the debt is owed ; ( XXXX ) a statement that unless the consumer, within XXXX days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( XXXX ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( XXXX ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. 
( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. XXXX activities and communications that do not otherwise violate this subchapter XXXX continue during the XXXX period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the XXXX period XXXX not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. 

( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section XXXX not be construed by any court as an admission of liability by the consumer. 

( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ). 

( XXXX ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title XXXX, title V of XXXX XXXX [ XXXX U.S.C. XXXX et seq. ], or any provision of XXXX or XXXX law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section. 

( a ) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument. 

( b ) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee can not acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument. 

( c ) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made. 

( d ) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this XXXX and has only the rights of a partial assignee.