Consumer complaint received 2024-11-11 00:00:00
Product: Debt collection — I do not know
Issue: Took or threatened to take negative or legal action — Sued you in a state where you do not live or did not sign for the debt
Company: Rubin & Rothman, LLC
State: NY

Complaint narrative:
To Whom It May Concern : I am filing a formal complaint against Rubin & Rothman , LLC, regarding their alleged unfair and unlawful collection practices, as well as potential violations of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq. This complaint specifically addresses Rubin & Rothman, LLCs ( the collector ) attempts to collect on a debt purportedly owed to XXXX XXXX, and XXXX alleged issuance of a 1099-C form to the IRS without notifying me. 

1. Failure to Provide 1099-C Notification : XXXX XXXX . appears to have filed a 1099-C form with the IRS in relation to this debt. Under IRS rules, creditors who issue a 1099-C form must provide the debtor with a copy. However, I never received such notice, leaving me unaware of any potential cancellation of debt income reported to the IRS. This oversight may affect the legal status of the alleged debt and my credit report, which under the FCRA must accurately reflect all pertinent information related to a debt. 
2. Violation of Fair Credit Reporting Act ( FCRA ) : Rubin & Rothman, LLCs actions may be in violation of the FCRA, specifically : Inaccurate Reporting of Debt : The FCRA mandates that credit information must be accurate and complete ( 15 U.S.C. 1681e ( b ) ). Due to XXXX apparent filing of a 1099-C, Rubin & Rothman , LLC may be reporting a debt that has been discharged or forgiven, leading to a potentially inaccurate credit report entry. 
Failure to Provide Debt Validation : Under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g ( b ), I am entitled to a validation of the debt. However, despite my request, Rubin & Rothman , LLC has failed to provide me with a debt validation letter, creating further uncertainty about the legitimacy of this debt. 
3. Improper Venue and Lack of Jurisdiction to Sue in New York : Rubin & Rothman , LLC has filed a lawsuit against me in the state of New York, despite the fact that I am a resident of Ohio. This filing is a violation of the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692i, which requires debt collectors to bring legal action either in the district where the consumer resides or where the contract was signed. Since I do not reside in New York and did not sign the contract in New York, this lawsuit constitutes an improper venue and is thus unlawful. 
4. Lack of Authorization to Collect in New York : Rubin & Rothman , LLC has yet to provide evidence of their authorization to collect this debt in New York, where they have initiated litigation. Under the FDCPA, debt collectors are required to prove their authority to collect, especially when jurisdiction is in question. I request that they produce documentation establishing their right to pursue this debt collection in New York, in compliance with applicable state laws.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation