Consumer complaint received 2025-05-14 00:00:00
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Express Recovery Services, Inc.
State: UT

Complaint narrative:
On XX/XX/year>, I was served with a summons from Express Recovery Services , Inc. ( ERS ), for utility services totaling {$150.00} at an apartment I never lived in. The next day, on XX/XX/year>, I emailed ERSs attorney, XXXX XXXX, and informed him that I did not reside in that apartment and that the apartment manager would confirm if he called her. I told XXXX XXXX that I lived with my parents at the time in question and did not receive utility services. On XX/XX/year>, XXXX XXXX filed the claim in court anyway. He falsely and recklessly alleged that I benefited from the assignors ( XXXX XXXX ) services despite not verifying the information he had been made aware of. ERS did not notify me of my rights to dispute this debt or that this debt even existed. The first time I heard of it was when I received a summons on XX/XX/year>. 

Over a year later, this case is still tied up in court. Through the diligent work of my representative, subpoenas have corroborated what I had been saying at the outset. Not only did I never live at the apartment in question, but the subpoenas revealed that the actual tenants failed to put the utilities in their name despite knowing that the account associated with the apartment was registered to someone else. The apartment complex also failed to inform XXXX XXXX that the unit would not be occupied, as outlined in their agreement with the company, which was also obtained via subpoena. 

In XX/XX/year>, I reported this matter to the Consumer Financial Protection Bureau ( Complaint No. : XXXX ). XXXX XXXX responded on behalf of Express Recovery Services. During his investigation of the matter, XXXX XXXX failed to inform us that another tenant was residing at the apartment when he falsely alleged that I benefited from their services. XXXX XXXX couldnt be bothered to pick up the phone and call his clients assignor, or worse, he did, but still pursued this matter in bad faith anyway. 

The representative for ERS working with XXXX XXXX, XXXX XXXX XXXX, offered to pay {$1000.00} to settle the claim, even though my legal costs in defending myself against these baseless allegations far exceeded that amount. In fact, ERS and their representatives sought more money from me in their motion for summary judgment than they were willing to pay for initiating their meritless action. ERS now argues that because I planned on moving into the apartment, I should still have to pay them even though other individual ( s ) benefited from the assignors services. 

ERS and its representatives intentionally skirted their responsibilities. They violated the Fair Debt Collections Practices Act ( FDCPA ), potentially other laws and regulations, and the rules of professional conduct outlined in Utah Code of Judicial Administration XXXX XXXX ERS and its representatives should be investigated for violations of the law and the rules of professional conduct that govern the ethics and acceptable behavior of attorneys.

Company public response: Company can't verify or dispute the facts in the complaint
Company response to consumer: Closed with explanation