Consumer complaint received 2024-10-21 00:00:00
Product: Debt collection — Other debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: Herbert P. Sears Co., Inc.
State: CA

Complaint narrative:
On or about XX/XX/year>, I received a notification from a credit bureau that a " collection account '' had been placed on my credit report. This " collection account '' had been placed by HP Sears for a utilities debt that I was not aware of ( picture of this collection account attached ). HP Sears had never notified me about the existence of this debt or that I would have the right to verify or dispute such a debt. 
I never received a letter from HP Sears in the mail. I went through all my emails and text messages to see if I had ever received a digital communication from HP Sears. I saw that I had received only one text message from HP Sears on XX/XX/year> ( copy attached ). This text message looked like a spam message and did not contain enough information to notify me of the existence of a debt, or any of the required disclosures for this type of communication. 

HP Sears has violated CFPBs Final Rule ( Final Rule ) which the CFPB has passed to implement the Fair Debt Collection Practices Act ( FDCPA ) requirements regarding disclosures for consumers. 
XXXX XXXX XXXX XXXXwww.consumerfinance.govXXXX XXXX XXXX XXXX XXXXXXXX. 
Before a debt collector furnishes information about a debt to a consumer reporting agency, the Final Rule requires the debt collector to take one or more of several actions to contact the consumer about the debt such as speaking with the consumer about the debts by telephone, mailing a letter to the consumer, or sending an electronic message about the debt to the consumer. If mailing a letter or sending an electronic message to the consumer, the collector must wait a reasonable period of time to receive a notice of undeliverability, such as 14 days, before furnishing information to a Credit Reporting Agency and must not furnish if a notice of undeliverability is received unless the collector takes additional steps. 
The disclosures also must include a statement that indicates the communication is from a collector and is about a debt. The disclosures will help ensure that consumers are able to recognize debt they may owe and raise concerns about unfamiliar debts. 

The sole text message that HP Sears sent to me did not meet the disclosure requirements of the Final Rule, as it did not disclose that the communication was about a debt and did not give me proper notice that there was a debt pending, or that I had the right to verify or dispute such a debt. 
Furthermore, this debt collector sent me this text message on XX/XX/XXXX, and did not wait 14 days before reporting it to the credit bureaus. It reported to the credit bureaus in XX/XX/XXXX. 
In addition, this text message violated California Civil Code 1788.11 ( f ), which requires that such communication display the California license number of the collector in at least XXXX type. This text message did not display the debt collectors CA license number at all. 
Therefore, HP Sears has clearly violated multiple federal and state laws and regulations by reporting the debt to the credit bureaus without ever giving me proper notice of such a debt and giving me the opportunity to get the debt verified or to dispute the debt.

Company public response: Company believes the complaint provided an opportunity to answer consumer's questions
Company response to consumer: Closed with explanation