Consumer complaint received 2026-05-28 00:00:00
Product: Debt collection — Credit card debt
Issue: Threatened to contact someone or share information improperly — Talked to a third-party about your debt
Company: Messerli & Kramer P.A.
State: MN

Complaint narrative:
XXXX XXXX XXXX is a natural person residing at XXXX XXXX XXXX XXXX, XXXXXXXX XXXX XXXX. Plaintiff is a " consumer '' as defined by 15 U.S.C. 1692a ( 3 ). Messerli & Kramer P.A . is a XXXX XXXXXXXX XXXX with its collections division located at XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Operating as a " debt collector '' as defined by 15 U.S.C. 1692a ( 6 ), regularly engaged in the business of collecting debts alleged to be owed to others. On or about XX/XX/year>, messerli and kramer generated a wage garnishment cover letter and Garnishment Summons in connection with XXXX XXXX XXXX. XXXX, which involves an alleged debt owed By XXXX to XXXX XXXX XXXX XXXX XXXX XXXX interest to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX. XXXX. M & K directed and transmitted wage garnishment documentation via Certified Mail to XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX XXXX, XXXXXXXX XXXX XXXX The garnishment cover letter and accompanying documentation contained XXXX XXXX 's full name, XXXX Social Security XXXX, and other private personal identifying information in an attempt to garnish XXXX XXXX wages. The problem is- XXXX XXXX has never been employed by XXXX XXXX XXXX and has no employment relationship with that institution, past or present. XXXX transmitted the {$15.00} statutory garnishment fee to XXXX XXXX XXXX in connection with the erroneous garnishment, as stated in Messerli and Kramer 's own garnishment cover letter dated XX/XX/year>. M & K 's representation that XXXX XXXX XXXX was XXXXXXXX XXXX employer was false. M & K clearly failed to verify or adequately investigate XXXXXXXX XXXX employment status prior to issuing and transmitting the garnishment summons. On XX/XX/year>, XXXX XXXX sent a formal Pre-Litigation Notice via electronic mail, directed to XXXX XXXX. XXXX ( # XXXX ) at XXXX, identifying the violations described herein and demanding corrective action. Plaintiff 's Pre-Litigation Notice placed Messerli and Kramer on explicit notice to preserve all documents, communications, XXXX, internal notes, vendor records, and electronic logs relating to the garnishment, including employment verification and skip-tracing records, data sourcing and transmission records, and communications with XXXXXXXX XXXX XXXXXXXX XXXX COUNT I VIOLATION OF 15 U.S.C. 1692e ( False, Deceptive, or Misleading Representations ) XXXX. XXXX XXXX incorporates by reference all preceding paragraphs. 15. Section 1692e of the FDCPA prohibits a debt collector from using any false, deceptive, or misleading representation or means in connection with the collection of any debt. XXXX. Messerli and kramer made a false representation to XXXX XXXX XXXX a third party by implicitly and explicitly representing that XXXX XXXX XXXX was XXXXXXXX XXXX employer for purposes of wage garnishment. This representation was false. XXXX. Messerli and kramer 's failure to verify XXXX employment before issuing the garnishment summons constitutes a material misrepresentation and deceptive practice in violation of 15 U.S.C. 1692e. COUNT XXXX VIOLATION OF 15 U.S.C. 1692f ( Unfair or Unconscionable Means ) XXXX. XXXX XXXX incorporates by reference all preceding paragraphs. XXXX. Section XXXX of the FDCPA prohibits a debt collector from using unfair or unconscionable means to collect or attempt to collect a debt. XXXX. Messerli and Kramer 's issuance of wage garnishment documentation to a third-party institution based on unverified and incorrect employment data, and the transmission of XXXXXXXX XXXX Social Security XXXX and XXXX personal identifying information to that institution, constitutes an unfair and unconscionable collection practice in violation of 15 U.S.C. 1692f. XXXX XXXX VIOLATION OF 15 U.S.C. 1692b ( XXXX XXXX XXXX ) XXXX. XXXX XXXX incorporates by reference all preceding paragraphs. XXXX. Section 1692b of the FDCPA limits the circumstances under which a debt collector may communicate with third parties in connection with the location of a consumer. XXXX of a consumer 's personal identifying information, including Social Security XXXX, to a third party exceeds the narrow permissible scope of that section. XXXX. Messerli and kramer 's disclosure of XXXXXXXX XXXX Social Security XXXX XXXX XXXX XXXX XXXX, an institution with which XXXX has no employment relationship, exceeded the permissible scope of third-party communication under 15 U.S.C. 1692b. COUNT XXXX VIOLATION OF MINNESOTA DEBT COLLECTION PRACTICES ACT ( XXXX XXXX. XXXX et seq. ) XXXX XXXX incorporates by reference all preceding paragraphs. The XXXX XXXX XXXXXXXXXXXX XXXX XXXX independently prohibits the use of unfair, unconscionable, and deceptive means in debt collection. Messerli and Kramer 's conduct as described herein constitutes violations of XXXX XXXX. XXXX. Additionally, Messerli and Kramer 's disclosure of XXXXXXXX XXXX private personal data, including Social Security Number, to a government entity without lawful authority implicates the Minnesota Government XXXX Practices XXXX, XXXX XXXX. XXXX and XXXX. I have attached the original notice but I've properly redacted my ssn.

Company response to consumer: Closed with explanation