Consumer complaint received 2025-03-05 00:00:00
Product: Debt collection — Rental debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Law Office of Brett M. Borland, P.C.
State: NV

Complaint narrative:
Below is a formal letter addressed to the XXXX XXXX XXXX XXXX XXXX XXXX XXXX, requesting compliance with federally protected laws regarding debt collection practices, including the validation of debt, ** ( not verification ) **proof of permissible purpose, explicit consent, and compensation for violations. This letter is based on applicable federal laws, including the **Fair Debt Collection Practices Act ( FDCPA ) ** and the XXXX XXXX XXXX XXXX ( FCRA ) ** the XXXX On XXXX ** [ XXXX XXXX XXXX XXXX in due response to the following XXXX XXXX of XXXX XXXX XXXX XXXX XXXX ** XXXX XXXX XXXX XXXX, GA XXXX **Subject : ** Formal Request for Debt Validation, Proof of Permissible Purpose, Explicit Consent, and Compliance with Federal Laws Dear Sir/Madam, ENTITY. 

On behalf of the Federally protected consumer, this writing before you is to formally request compliance with all applicable federal laws governing debt collection practices, including but not limited to the **Fair Debt Collection Practices Act ( FDCPA ), XXXX U.S.C XXXX XXXX et seq. **, and the XXXX XXXX XXXX XXXX ( FCRA ), XXXX XXXX XXXX XXXX et seq. ** and also the XXXX XXXX XXXX XXXX XXXX, XXXX, & XXXXXXXX XXXX ( XXXX U.S.C. XXXX ) -U.S.C XXXX XXXX ( g ) ( XXXX ) ( A ) ** for XXXX XXXX is another common attempt to bank on the consumer not knowing the protected rights they are entitled and the procedures at play in the private sector regarding entities like this, who purchase this debt for less to nothing in an attempt to profit off ignorance of rights. With no original contract ever made with whom debt they buy. To further move and process frivolous claims in the court. And pay the credit bureaus to report evident violations. With information they know in advance, it is not accurate. Certainly a violation. 

KINDLY WE ASK, THAT YOU SAVE AND PLEASE KEEP THE VERIFICATION OF ALLEGED DEBT, VALIDATION IS THE MATTER AT HAND!!!!! SHOW TO PROVE WITH SENSIBLE, EXPLANATORY EVIDENCE OF INVESTIGATION OF THIS ALLEGED CLAIM WITH VIABLE EVIDENCE, NOT A CREATIVE FABRICATION. 

Pursuant to XXXX XXXX. ** XXXX of the FDCPA & XXXX request that your office provide validation of the alleged debt referenced in your correspondence. 
Specifically, it is required, the following information and valid answers to the following questions that confirm : By applicable law, you run the risk of breaking multiple violations if this information is not disclosed further and validly proven. 

XXXX. What is The name and address of the original creditor/or separate debt collection entity that sold you this alleged debt and private information? 
XXXX. What is the amount of the alleged debt? Most important, show to prove, How did the ( XXXX XXXX XXXX  XXXX XXXX XXXX XXXX. ) get that calculated amount? 
XXXX provide, XXXX to prove! A detailed breakdown of the alleged debt, including principal, interest, square footage, cosmetic repair manifest, that caused the excessive fees ( e.g. rental, renovation, supplies, suppliers & manifest of equipment and supplies and any other charges. And most important, receipts for all included materials that comprised this amount. If any XXXX amount paid to the vendor ( XXXX ) and please a breakdown of work done? Please explain this amount from {$0.00} to the alleged final balance. If not the consumer can only assume you dont have it, and are attempting to brand this accurate beyond your knowledge. This is a violation. 
XXXX. Proof that your office is legally authorized to collect this debt. State authorization? Please provide? 
XXXX. Documentation demonstrating that the XXXX have a legally binding obligation to pay this debt, including a copy of the signed ( wet signature ) contract or agreement. 
XXXX. Where is? Show to Prove where you sent notice within XXXX, to the consumer you have obtained this debt and personal information. Show to prove, ( from original creditor to the now at XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. When was this alleged debt exchanged to your office. 
XXXX. When was the purchase of alleged debt? 
XXXX. When did the exchange of monetary value for the alleged debt occur? 
XXXX. Please disclose how much was the Pennies on the dollar amount paid for my personal information? 
XXXX. If debt was purchased for such an amount, how do XXXX XXXX owe your office the disclosed amount in the correspondence your office sent to the consumer.? 

This is misleading, a violation. This is another deceptive violation. Please provide valid answers. To add to our relevant records. If not, the federally protected consumer, XXXX XXXX would assume you dont have the proof this is valid information, the consumer can prove each violation, and penalty due per lack of information to justify this alleged amount or debt. 

XXXX. When a collection agency purchases a debt, they can not re-age the account to restart the clock, if this is not a practice used by the XXXX XXXX of XXXX XXXX XXXX XXXX. then disclose all records, tangible items, including emails, reports, and data, as well as answers to written questions and oral testimony to the contrary Since Federal laws override state statuary and XXXX party violations have occurred that means XXXX XXXX XXXX XXXXXXXX Conspiracy to commit offense or to defraud the United States has also been activated because of previous or prior insurance agreements in place and not disclosed and that also relates and brings up XXXX XXXX XXXX XXXX. 
* XXXX. *After this account was placed in collections, did the alleged original creditor sell the debt or did it assign the debt, and how would it be known? ** If the correct validation is not attached, just a statement with a debt collector and an alleged creditors letterhead attached, proof is needed. 
XXXX. If alleged debt was purchased, how XXXX XXXX is in debt to your company? 
XXXX. If you think XXXX XXXX owes your company, send proof, show to prove.? Send proof in writing ONLY!!!! 
XXXX. Need tracking to see notification, that did not come back as an unverified address? Show to prove. 
XXXX. When alleged debt was purchased, was information guaranteed to be accurate? 
If so, XXXX to prove, provide valid evidence. 

XXXX. Is this debt valid, what is the validity? 

XXXX. Please give proof this debt was marked disputed, after receiving such information that this debt is not verified to be 100 % accurate. 
Under the provisions of the Fair Credit Reporting Act XXXX ( a ) [ XXXX XXXX XXXX ( a ) ], disputed items must be validated or deleted and removed from my credit record within 5 days, Privacy Act violations U.S.C. XXXX ( g ) ( XXXX ) ( A ) .This letter of dispute is to address concerns about legal liability. 


XXXX. Please show to prove, this amount that you know when acquired was promised to be accurate.? 

Using information beyond knowing its 100 % accurate as truth, is deceptive, another violation added, misleading is another listed violation and if the consumer is none the wiser, this communication and threat to credit worthiness of XXXX XXXX and is malicious in intent in gain of profit and simple harassment at best. You have prior knowledge this information is not accurate, and forwarded to make a claim. Another violation. 

XXXX. Please provide the timeline, and steps to the breakdown of investigation, ( a XXXX ) of how your office came to establish this information to be 100 % accurate. 

XXXX. If debt was sold to you, how was it written off on the books with the creditor, XXXX. charge-off, profit or loss, set off, how is this put down in the ledger. 


XXXX. Does the XXXX XXXX XXXX XXXX XXXX XXXX XXXX. follow XXXX, generally accepted accounting principles? yes, or no? 

XXXX. Did you or the company you are collecting for, or other entity or debt-collection company who transferred this debt give full disclosure when the funding for this alleged loan was created regarding bookkeeping entries? Yes, or no? 
XXXX. Did either the original creditor or the debt collector record a new asset showing the Do consumers owe money to either party? yes or no. 
XXXX. Is it true according to the agreement did the original creditor or the debt XXXX deny equal protection under the loan agreement? yes or no XXXX. Is it true that the original creditor or debt collector violated XXXX, generally accepted accounting principles, in turn making the agreement null and void? Yes or no, all of the answers fall under real law guidelines such as, XXXXXXXX XXXX XXXXXXXX Administrators defined the government succinctly. 
Governments are corporations ''. In as much as every government is an artificial person, an abstraction, a creature of the mind only, a government can deal only with artificial persons. Persons are not the subjects of commerce, and not being imported goods, they do not fall within the meaning founded upon the constitution, of a power given to XXXX, to regulate commerce, and the prohibition of the states for imposing a duty on imported goods. 

Compensation for violations that can be accurately assessed are {$100.00} to {$1000.00} per violation. Please show to prove with valid complete answers. 

The consumer at this time revoke all your calls and emails & text messages.! 
The consumer at this time revoke your access to XXXX XXXX personal information.! 
The consumer at this time revoke the transfer and any selling whatsoever of my private information, and this alleged debt.! The federal demand is 100 % accuracy and integrity.!!!!! 
Or such attempts must cease and any negative effects must be removed and reversed. 

Until such validation is provided, the consumer dispute the debt in its entirety and request that all collection activities cease immediately. 

**Request for Proof of Permissible Purpose and Explicit Consent** Under the **FCRA, XXXX U.S.C. XXXX, any access to my credit report must be for a permissible purpose and with my explicit consent. On behalf of th he consumer this request that your office provide : XXXX. Proof of permissible purpose for accessing my credit report. 
XXXX. Physical wet-ink signatures demonstrating my explicit consent for any hard or soft inquiries made on my credit report. 

If no such proof exists, your office may be in violation of the FCRA, and the consumer at this time eserve the right to pursue legal action for damages. 



**Compensation for XXXX XXXX federal law, violations of the FDCPA and FCRA may entitle me to statutory damages, actual damages, punitive damages, and attorneys fees. Specifically : XXXX. **FDCPA Violations : ** - Statutory damages of up to {$1000.00} per violation under XXXX XXXX. XXXX. 
- Actual damages for harm caused by unlawful collection practices. 
- Punitive damages and attorneys fees as deemed appropriate by the court. 

XXXX. **FCRA Violations : ** - Statutory damages of up to {$1000.00} per violation under XXXX XXXX. XXXX. 
Under XXXX XXXX. XXXX, the consumer is entitled to statutory damages of {$100.00} to {$1000.00} per violation for XXXXXXXX XXXX  willful non-compliance with the FCRA. Given the XXXX violations, A demand in compensation in the amount of ** [ {$1000.00} per violation found valid, due to lack of valid proof to support collection attempt of an alleged debt with prior knowledge the debt was not 100 % accurate. ] **. '' - Actual damages for harm caused by unauthorized access to my credit report. 
- Punitive damages and attorneys fees as deemed appropriate by the court. 
XXXX XXXX. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conducts a violation of this section : ( XXXX ) The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt Please also keep in mind as you use the state statutory laws Federal statutory law, enacted pursuant to constitutional authority **Failure to Validate Debt** If your office fails to validate the debt or provide proof of permissible purpose and explicit consent, the consumer will consider this matter resolved in my favor and will pursue all available legal remedies, including filing complaints with the XXXX XXXX XXXX XXXX XXXX CFPB XXXX ** and the XXXX XXXX XXXX XXXX XXXX XXXX XXXX, as well as initiating legal action in a court of competent jurisdiction. 

**Supporting Documentation** The consumer have attached copies of any relevant correspondence or documentation for your reference. Please provide your response within XXXX days** of receipt of this letter. 

Thank you for your prompt attention to this matter. 

Sincerely, [ Agent on behalf of consumer XXXX XXXX ] XXXX XXXX  : ** XXXX. **Debt Validation : ** Under the FDCPA, debt collectors must provide validation of the debt upon request. Failure to do so prohibits them from continuing collection activities. 
XXXX. **Permissible Purpose : ** XXXX the FCRA XXXX creditors and debt collectors must have a permissible purpose ( e.g., a court order, written consent, or an existing credit relationship ) to access your credit report. 
XXXX. **Compensation : ** Statutory damages under the FDCPA and FCRA are up to {$1000.00} per violation, but actual damages ( e.g., harm to credit score, XXXX  XXXX  ) and punitive damages may also apply. 
XXXX. Lack of valid evidence to confirm the consumer counter Proof of Claim for violations. 
XXXX. XXXX XXXX : ** If the debt collector fails to comply, the consumer can file complaints with the CFPB XXXX FTC XXXX to go after compensation and/or pursue legal action in court. 
XXXX, XXXX, and XXXX responses are to be in written communication only. 
OBLIGATIONS OF ALL USERS OF CONSUMER REPORTS. A. 
Users Must Have a XXXX XXXX XXXX has limited the use of consumer reports to protect consumers ' privacy. All users must have a permissible purpose under the FCRA to obtain a consumer report. Section XXXX contains a list of the permissible purposes under the law. These are : As ordered by a court or a federal grand jury subpoena. Section XXXX ( a ) ( XXXX ) As instructed by the consumer in writing. Section XXXX ( a ) ( XXXX ) For the extension of credit as a result of an application from a consumer, or the review or collection of a consumer 's account. Section XXXX ( a ) ( XXXX ) ( A ) For employment purposes, including hiring and promotion decisions, where the consumer has given written permission. Sections XXXX ( a ) ( XXXX ) ( B ) and XXXX ( b ) For the underwriting of insurance as a result of an application from a consumer. Section XXXX ( a ) ( XXXX ) ( C ) When there is a legitimate business need, in connection with a business transaction that is initiated by the consumer. Section XXXX ( a ) ( XXXX ) ( F ) ( i ) To review a consumer 's account to determine whether the consumer continues to meet the terms of the account. XXXX ( a ) ( XXXX ) ( F ) ( ii ) To determine a consumer 's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant 's financial responsibility or status. Section XXXX ( a ) ( XXXX ) ( D ) For use by a potential investor or servicer, or current insurer, in a valuation or assessment of the credit or prepayment risks associated with an existing credit obligation. Section XXXX ( a ) ( XXXX ) ( XXXX )

Company response to consumer: Closed with explanation