Consumer complaint received 2025-09-14 00:00:00
Product: Debt collection — Private student loan debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: Asset Recovery Solutions, LLC
State: FL

Complaint narrative:
This correspondence constitutes a formal dispute of the alleged debt of approximately {$10000.00} purportedly owed to XXXX University and assigned to Asset Recovery Solutions for collection. 

Pursuant to the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq., the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., and the Family Educational Rights and Privacy Act ( FERPA ), 20 U.S.C. 1232g, I hereby demand : ( 1 ) immediate validation of the aforementioned debt ; ( 2 ) cessation and removal of its reporting to credit reporting agencies ( CRAs ) ; and ( 3 ) full cancellation of the debts reporting due to egregious violations of federal law, including unauthorized disclosure of my personal and educational information. 

Your continued non-compliance with these statutes will expose you to severe legal, financial, and regulatory consequences, as delineated below. 

FDCPA Violations : Under 15 U.S.C. 1692g ( a ), you are mandated to provide written notice within five days of your initial communication, specifying the debts amount, the identity of the original creditor, and my unequivocal right to dispute the debt within thirty days. To date, no such notice has been tendered, nor have I been afforded the statutorily prescribed opportunity to contest the debts validity prior to its reporting to XXXX XXXX XXXX XXXX. This omission constitutes a patent violation of the FDCPA, rendering your reporting premature, unauthorized, and actionable under 15 U.S.C. 1692e, which proscribes false, deceptive, or misleading representations, including the reporting of unverified debts. FCRA Violations : Your reporting of this unverified debt to CRAs without ensuring its accuracy violates 15 U.S.C. 1681s-2 ( b ), which requires furnishers to investigate and correct inaccurate information upon notice of a dispute. Your failure to provide validation prior to reporting further contravenes 15 U.S.C. 1681i, exposing you to liability for willful or negligent non-compliance. FERPA Violations : The reporting of this alleged debt to CRAs implicates violations of FERPA, which prohibits educational institutions and their agents from disclosing personally identifiable information from education records without my consent, absent limited exceptions not applicable here ( 20 U.S.C. 1232g ( b ) ). 

XXXX XXXX assignment of this alleged debt to your agency, and your subsequent reporting to CRAs, constitutes an unauthorized disclosure of my personal and educational information, including my status as a former student and financial obligations tied to my education records. Such disclosures, absent my written consent or a valid exception, contravene FERPAs stringent privacy protections, tainting the legitimacy of the reported debt and necessitating its cancellation. 

In light of these violations, I demand the following remedial actions : Validation of the Alleged Debt : Pursuant to 15 U.S.C. 1692g ( b ), furnish comprehensive written verification, including, inter alia : A detailed accounting of the {$10000.00} debt, encompassing principal, accrued interest, and any ancillary fees. 
Documentary evidence substantiating XXXX XXXX assignment of this debt to Asset Recovery Solutions. 

The original, duly executed contract or enrollment agreement bearing my signature. 
Copies of all communications purportedly sent to me regarding this debt, including any alleged validation notices. 

Cessation and Removal from Credit Reports : Immediately cease reporting this debt to all CRAs and effectuate the deletion of any existing entries, pending full compliance with FDCPA validation requirements and verification of the debts legitimacy.

Full Cancellation of Debt Reporting Due to FERPA Violations : Permanently remove and cancel the reporting of this debt to CRAs, as its disclosure violates FERPAs prohibition on unauthorized release of educational records, rendering the reporting unlawful and unenforceable. 

Suspension of Collection Activities : Abstain from all further collection efforts, including telephonic contact, written correspondence, and additional credit reporting, until validation is provided and the FDCPA, FCRA, and FERPA violations are rectified.

Consequences of Continued Violations : Your failure to comply with these demands within thirty days of receipt will trigger severe legal, financial, and regulatory repercussions, including but not limited to : FDCPA Liability : Under 15 U.S.C. 1692k, continued violations expose you to statutory damages of up to {$1000.00} per violation, with potential cumulative penalties for multiple infractions ( e.g., failure to validate, premature reporting, and ongoing collection efforts ). You are also liable for actual damages, including financial harm ( e.g., credit denials or higher interest rates ) and emotional distress, as upheld in cases such as XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXX, XXXX XXXX. XXXX ). Reasonable attorneys fees and costs will further burden you in any successful consumer action, incentivizing legal representation. Should your non-compliance reflect a pattern affecting multiple consumers, you face class action liability under 15 U.S.C. 1692k ( a ) ( 2 ) ( B ), with damages up to the lesser of {$500000.00} or 1 % of your net worth.

FCRA Liability : Persistent reporting of inaccurate or unverified information violates 15 U.S.C. 1681n and 1681o, exposing you to statutory damages of up to {$1000.00} per willful violation, actual damages ( e.g., economic loss or reputational harm ), punitive damages, and attorneys fees. Courts have awarded significant damages for credit reporting errors, as seen in XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
FERPA Sanctions : Continued unauthorized disclosure of my educational records may prompt a complaint to the U.S. Department of Educations Student Privacy Policy Office, which can investigate and impose sanctions on XXXX University, including loss of federal funding eligibility ( 34 C.F.R. 99.67 ). While FERPA does not confer a private right of action ( XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) ), its violation strengthens my FDCPA and FCRA claims by undermining the legitimacy of the reported debt and may support equitable relief, such as cancellation of the debts reporting.

State Law Violations : Your actions may violate the Florida Consumer Collection Practices Act ( FCCPA, Florida Statutes 559.72 ), subjecting you to additional penalties, including actual damages, statutory damages up to {$1000.00} per violation, and attorneys fees. The Florida Attorney General may pursue enforcement actions for systemic violations. 
Regulatory Scrutiny : Complaints to the Consumer Financial Protection Bureau ( CFPB ) will trigger investigations into your practices, potentially leading to fines, injunctions, or consent orders, as seen in CFPB actions against debt collectors for FDCPA violations ( e.g., CFPB XXXX XXXX XXXX XXXX, XXXX ). 
Reputational Harm : Persistent non-compliance risks public exposure through consumer complaints, negative media attention, and litigation, damaging your standing with creditors and consumers. 

This letter serves as formal notice of my intent to enforce my statutory rights with utmost diligence. Failure to comply within thirty days will compel me to pursue all available remedies, including : Filing complaints with the CFPB for FDCPA and FCRA violations. 
Submitting a FERPA complaint to the U.S. Department of Educations Student Privacy Policy Office, seeking sanctions against XXXX University and its agents. 
Initiating proceedings under the FCCPA with the Florida Office of the Attorney General.

Commencing civil litigation for statutory damages, actual damages, punitive damages, and attorneys fees under the FDCPA, FCRA, and FCCPA.

Company response to consumer: Closed with explanation