Consumer complaint received 2025-04-03 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Spring Oaks Capital, LLC
State: SC

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, SC XXXX XXXX XXXX Date : XX/XX/XXXX Spring Oaks Capital LLC XXXX XXXX XXXX, XXXX XXXX XXXX, VA XXXX Re : Cease and Desist Notice Regarding Account # unknown Dear Sir/Madam, I am writing to formally request that Spring Oaks Capital LLC immediately cease and desist from all further collection activities regarding the account referenced above. This includes, but is not limited to, all forms of communication, including phone calls, letters, emails, and particularly reporting this debt to any credit bureaus. 

1. Cease and Desist Request Under the FDCPA Under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692c ( c ), a consumer has the right to request that a debt collector cease all communication once a written request has been made. Specifically, the statute states : " If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer, except to advise the consumer that the debt collector 's further efforts are being terminated. '' Accordingly, I am exercising my rights under the FDCPA to request that all communication regarding this account cease immediately. This includes, but is not limited to : Telephonic communication Written communication ( including letters, emails, or any other forms of correspondence ) Reporting the debt to credit bureaus ( XXXX, XXXX, XXXX ) 2. Reporting to Credit Bureaus Constitutes Communication It is important to note that reporting the debt to credit bureaus constitutes a form of communication under the FDCPA. In XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX the court held that reporting a disputed debt to credit bureaus after a cease and desist request constitutes an unlawful communication under the FDCPA. The court found that such reporting is considered a form of debt collection communication and thus subject to the limitations imposed by the FDCPA. 

Additionally, under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681, creditors and debt collectors are required to report accurate and complete information to credit reporting agencies. If a debt is disputed, continuing to report that debt as if it were valid, without verification, can be considered inaccurate and harmful to the consumer. The XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX ( XXXX ), supports the position that continuing to report a debt after a cease and desist request, particularly if its a disputed debt, is a violation of both the FDCPA and FCRA. 

Therefore, I request that you immediately remove any and all references to this account from my credit reports with XXXX, XXXX, and XXXX. Failing to remove this account would constitute a violation of both the FDCPA and FCRA. 

XXXX. Debt Validation Request In addition to the cease and desist request, I am exercising my rights under the FDCPA to request validation of the debt. Please provide the following documentation within 30 days of receiving this letter : A detailed accounting of the debt, including the original balance, interest, fees, and any payments made. 

The name and address of the original creditor. 

Proof that Spring Oaks Capital LLC is authorized to collect this debt on behalf of the original creditor. 

A copy of the original signed agreement between me and the original creditor, if applicable. 

As per XXXX v. XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX ), a debt collector is required to validate the debt within 30 days of receiving a written request. If you fail to provide the requested validation within 30 days, you are prohibited from continuing to pursue or report the debt. 

4. Legal Consequences for Non-Compliance Failure to comply with this cease and desist request, including the removal of the account from my credit report and the provision of the requested debt validation, will result in legal action. This may include filing complaints with the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ), as well as seeking legal remedies under the FDCPA and FCRA, which could include statutory damages, attorney fees, and other penalties. 

XXXX. Conclusion In summary, I demand the following : That all communication from Spring Oaks Capital LLC, including reporting this debt to credit bureaus, cease immediately. 

The removal of this account from my credit report with XXXX, XXXX, and XXXX. 

Validation of the debt within 30 days as required by law. 

Thank you for your prompt attention to this matter. I expect a written response within 30 days confirming that all communication has ceased and that the requested debt validation has been provided. If you fail to comply, I will not hesitate to take further legal action. 

Sincerely, XXXX XXXX XXXX

Company response to consumer: Closed with non-monetary relief