Consumer complaint received 2025-10-09 00:00:00
Product: Debt collection — Other debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Bay Area Receivables, Inc
State: DE

Complaint narrative:
I am submitting this complaint against XXXX XXXX  and Bay Area Receivables for violations of the Fair Debt Collection Practices Act ( FDCPA ) and for attempting to collect a debt based on an incomplete and unenforceable contract. 

At the time of enrollment ( XX/XX/year> ), I signed a membership agreement with XXXX XXXX and provided my payment information, along with the initial {$28.00} membership fee, which is confirmed by my bank records. However, the copy of the contract later provided to me shows that XXXX XXXX left the payment information section blank and recorded an outdated address. My membership profile was also incomplete, missing a profile photograph and accurate contact details. Despite these deficiencies, XXXX XXXX attempted to enforce the agreement and transferred the account to collections. 

Under the terms of the membership contract, late fees are to be assessed only when missed payments are due to the members fault. In this case, the non-payment resulted directly from XXXX XXXX  administrative error and failure to process payment information that I had already provided. Therefore, any late fees assessed are inconsistent with the contract and are invalid. 

Furthermore, XXXX XXXX  failed to verify and maintain accurate consumer information prior to referring the account to collections. The referral to Bay Area Receivables was made using outdated contact information and an incomplete account file. This conduct constitutes a violation of 15 U.S.C. 1692e and 1692f, which prohibit the use of false, deceptive, or unfair means to collect or attempt to collect a debt. 

XXXX XXXXXXXX also failed to provide proper notice or verification before sending the account to collections, contrary to 15 U.S.C. 1692g ( a ), which requires validation of debts upon request. The companys communication was inadequate all significant correspondence occurred via email, and they never notified me by email about payment issues despite having that contact information. 

The total balance currently pursued is approximately {$650.00}, including late fees and a {$170.00} collection fee. I am willing to pay the legitimate membership fees, totaling about {$430.00}, which represent the valid portion of the account. The additional fees are improper and arose solely from XXXX XXXX administrative failures. 

The continued attempt by XXXX XXXXXXXX  and Bay Area Receivables to collect these late and collection fees constitutes unjust enrichment. These parties are seeking to benefit financially from their own failure to maintain accurate records and process payments, which is inequitable and contrary to fair consumer practices. 

This conduct also constitutes breach of contract, breach of the implied covenant of good faith and fair dealing, and unfair and deceptive business practices ( UDAP ) under applicable state consumer protection laws. Their negligent recordkeeping and attempts to enforce a signed but incomplete contract reflect systemic noncompliance with both federal and state consumer protection standards. 

I have submitted dispute letters via certified mail to XXXX XXXX Bay Area Receivables, and XXXX XXXX XX/XX/year>XXXX XXXX XXXXXXXX responded that they were not obligated to provide verification of the debt, although they stated they would send information. To date, I have not received full documentation. The only materials provided were incomplete copies of the original contract showing blank payment information and an outdated address, which do not substantiate the debt as valid or enforceable. All of these materials were sent via email before the dispute letter was sent through certified mail. XXXX XXXXXXXX stated that they do not need to send written verification of the debt through mail, addressing my dispute letter. 

I also emailed boXXXX XXXX XXXX  and Bay Area Receivables to ensure all parties were aware of my request and to clarify the nature of my dispute. I have acted in good faith and continue to request complete and accurate verification of the debt by mail as required under federal law. 

Based on the above, I believe XXXX XXXX and Bay Area Receivables have violated multiple provisions of the FDCPA, engaged in unfair and deceptive collection practices, and attempted to enforce an invalid and incomplete contract. I request that the Consumer Financial Protection Bureau investigate this matter, ensure that the improper fees are removed, and take appropriate action to prevent further violations.

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