Consumer complaint received 2025-02-05 00:00:00
Product: Debt collection — Rental debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Allied Collection Services, Inc. (Nevada)
State: NV

Complaint narrative:
I am a natural person and not my ens legis for alleged debt, I will agree to pay this alleged debt if a proper, formal, and complete investigation was conducted before crediting this alleged debt. I am deeply concerned about the validity, integrity, and accuracy of the information being reported. 

Details of investigation : What evidence did your representative uncover that led them to conclude this account is being reported accurately and lawfully? 

Employee Competency : Provide verifiable details about the employee ( s ) involved in this investigation : a. Full Name b. Date of Birth c. Last 4 of Social Security Number d. Position e. Length of Employment Verification Costs : a. What training is provided for accurately reporting and or verifying such information to be correct on consumer credit reports?

b. What were the costs incurred by your company to obtain the documentation necessary for this investigation?

- please provide the accounting details Communication with Data Furnisher : Did your representative directly communicate with the party reporting this information?

If no, Who gave authorization to report such information without proper investigation, consent, documentation, and verification?

Provide verifiable details about the employee ( s ) involved in this authorization : a. Full Name b. Date of Birth c. Last 4 of Social Security Number d. Position e. Length of Employment If yes, a. Who was contacted?

b. What was their role?

c. When was the contact made?

d. What was the nature and duration of the call?

e. Please provide a transcript documenting this interaction Investigation Communication : a. Provide a complete copy of all information transmitted to the data furnisher as apart of the investigation Verifiable Documentation : By saying you have already completed an investigation you are agreeing in fact you have conducted a reasonable investigation of the account in question.

a. Provide the Commencement of Delinquency b. Provide the date of Commencement of Delinquency c. Provide specific dates reporting that items will cease immediately d. Enclosed this with your response to the investigation e. A notarized affidavit of fact confirming the information provided is true and correctly as per my civil rights granted under several federal laws.

This information should not come as a form letter response, my initial dispute was detailed and directly related to the account in question, a template response WILL NOT be an acceptable response.

If you can not supply ALL the above information in a timely manner as detailed in several laws in this letter, Included but not limited to the fair credit reporting act, I must IMMEDIATELY DEMAND the PERMANENT REMOVAL of this account.

Congressional Findings & Legal Framework Fair Credit Reporting Act ( FCRA ) Violations Congress has explicitly found that inaccurate or unverifiable credit reporting causes serious harm to consumers. Under 15 U.S.C. 1681 ( a ), the purpose of the FCRA is to ensure fair and accurate credit reporting, requiring consumer reporting agencies to adopt reasonable procedures for maximum possible accuracy. Reporting inaccurate, outdated, or unverifiable information violates federal law and is subject to civil penalties under 15 U.S.C. 1681n and 1681o.

Additionally, under 15 U.S.C. 1681i, if a consumer disputes an item, the credit reporting agency must conduct a reasonable investigation within 30 days and remove any information that can not be verified.

Truth in Lending Act ( TILA ) & Unfair Credit Practices Pursuant to 15 U.S.C. 1601, the TILA is designed to protect consumers from predatory lending practices. The lack of proper disclosure of the alleged debt constitutes a violation under 15 U.S.C. 1605. Furthermore, under 15 U.S.C. 1643, a cardholder is not liable for unauthorized or unverified charges if the creditor fails to prove liability with documented evidence.

Fair Debt Collection Practices Act ( FDCPA ) Violations Per 15 U.S.C. 1692e, it is unlawful for any debt collector to use false, deceptive, or misleading representations regarding a consumer debt. If you continue to attempt collection without verifiable proof, you will be in violation of federal law and liable under 15 U.S.C. 1692k for statutory and actual damages.

Precedent-Setting Case Law Studies 1. Cushman v. XXXX, 115 F.3d 220 ( 3rd Cir. 1997 ) * The court ruled that consumer reporting agencies must conduct a meaningful and thorough investigation when a dispute is raised. If a company fails to provide substantive evidence, the reported debt must be deleted. 
1. Jones v. XXXX XXXX XXXX XXXX XXXX, No. 05-05075 ( N.D. Cal . 2007 ) * The court found that failure to verify disputed credit information constitutes a reckless disregard for the FCRA, resulting in damages to the consumer.

1. Richardson v. Fleet Bank, 190 F. Supp. 2d 81 ( D. Mass. 2001 ) * The creditor was held liable under TILA for failing to provide proper disclosure regarding disputed debts.

1. Nelson v. Chase Manhattan Mortgage Corp., 282 F.3d 1057 ( 9th Cir. 2002 ) * The court ruled that creditors and furnishers must fully investigate disputes and correct errors or face statutory damages under the FCRA.

Demands & Settlement Offer 1. First Request : IMMEDIATE REMOVAL of this account from my credit reports. Second Request : Settlement of {$9000.00} for damages caused by : * Inaccurate credit reporting Unfair credit practices Emotional and financial distress Violations of my rights under FCRA, FDCPA, and TILA To resolve this matter amicably, I am offering you the opportunity to settle this dispute by sending me a check in the amount of {$9000.00} within the indicated timeframe.

Arbitration Fees & Costs Should you fail to comply, I will initiate arbitration, which will result in significant financial liability for your company. Below is an itemized breakdown of costs associated with filing arbitration : | Expense | Cost : | Arbitration Filing Fee | {$3500.00} | | Case Administration Fee | {$2500.00} | | Arbitrators Hourly Rate ( Minimum 40 hours @ $ XXXX/hr ) | {$20000.00} | | Additional Arbitrator Fees ( Post-Hearing, Documentation ) | {$3000.00} | | Expert Witness Fees | {$5000.00} | | Attorney Fees ( Estimated 20 hours @ $ XXXX/hr ) | {$12000.00} | | Travel & Lodging for Hearings | {$2500.00} | | Emotional & Financial Distress Damages | {$5000.00} | | Punitive Damages for Violations of Federal Law | {$10000.00} | | Additional Civil Penalties | {$5000.00} | | Total Estimated Cost to You | $ XXXX | By cooperating with this one-time settlement offer, you can avoid the costly arbitration process. 

Final Warning Failure to comply within the given timeframe will result in immediate legal action, including formal arbitration and claims for damages. 
I expect your prompt attention and full compliance to resolve this matter without further escalation. 

Sincerely, Without Prejudice, UCC 1-308n All Rights Reserved

Company response to consumer: Closed with explanation