Consumer complaint received 2025-10-20 00:00:00
Product: Debt collection — Other debt
Issue: Took or threatened to take negative or legal action — Threatened or suggested your credit would be damaged
Company: CAINE & WEINER COMPANY, INC.
State: MI

Complaint narrative:
This complaint concerns the unlawful collection and credit reporting activities of Caine & Weiner related to a Progressive automobile account ( Account No. XXXX / XXXX & XXXX Account # XXXX ) that was legally canceled and discharged, as documented in an IRS Form 1099-C issued for tax year XXXX, showing cancellation of {$43000.00} with fair market value of {$40000.00}. 

Despite the discharge, Caine & Weiner sent me a collection notice dated XX/XX/XXXX, claiming I owe {$610.00} and threatening to report this discharged obligation to XXXX XXXX, and XXXX. This is a violation of the Fair Debt Collection Practices Act ( FDCPA ), Fair Credit Reporting Act ( FCRA ), IRS regulations, and the CFPBs prohibition on unfair, deceptive, or abusive acts ( UDAAP ).

Facts The alleged debt arises from a Progressive automobile insurance/financial account associated with my vehicle policy.

Progressive filed IRS Form 1099-C for calendar year XXXX, identifying this auto account as canceled, permanently extinguishing all rights to collect or assign it. 

Under federal law, issuance of Form 1099-C is a legally recognized discharge event.

After cancellation, no entity may lawfully collect or report the debt, as there is no financial loss and therefore no enforceable obligation.

Despite this, Caine & Weiner sent a collection notice on XX/XX/XXXX, stating they intend to furnish negative credit information if I do not pay. 

This constitutes attempted collection of a non-existent debt, identity theft, and fraudulent misrepresentation of legal status.

Failure to Validate Debt On receipt of the notice, I requested validation pursuant to 15 U.S.C. 1692g ( b ). In accordance with my statutory rights and consistent with federal rulings, validation requires more than a restatement of the balance. It requires full documentary evidence establishing : Original wet-ink signed contract bearing my signature Truth-in-lending disclosures required under TILA Complete chain of title, assignment records, and proof of ownership of the specific obligation Evidence of financial injury or loss to Caine & Weiner or its principal All securitization documents, including trust, pooling agreements, or investor filings if the debt was monetized Proof that the debt was not discharged via IRS Form 1099-C Caine & Weiner has failed or refused to provide any of the above, which establishes that : They have no interest in the debt They are attempting to collect on a discharged instrument Their activity is fraud in the factum and identity theft, as they are using my personal identifiers to generate profit from a discharged asset Legal Violations Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692e ( 2 ) ( A ) : False representation of the character and legal status of a debt 1692e ( 8 ) : Communicating or threatening to report false credit information 1692f ( 1 ) : Collection of an amount not authorized by law Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681s-2 : Furnishing information that is known or should be known to be inaccurate 1681b : Lack of permissible purpose to access or report credit information on a discharged debt 605B : Failure to block identity theft-related information Consumer Financial Protection Act ( UDAAP ) 12 U.S.C. 5531 Engaging in unfair, deceptive, or abusive acts or practices IRS and Tax Code Violations Any post-1099-C activity is a representation to the IRS that the creditor both canceled the debt and did not cancel it simultaneously, which is inherently fraudulent.

Identity Theft & Fraud in the Factum Caine & Weiner is attempting to collect a debt that has already been monetized, securitized, and discharged. By using my personal identifying information to collect on an extinguished obligation without validating the debt, they have converted my identity into a financial instrument without my consent. This constitutes identity theft under FCRA 603 ( q ) and fraud in the factum, as I never agreed to any reassignment or re-securitization post-discharge.

Company response to consumer: Closed with explanation