Consumer complaint received 2025-01-13 00:00:00
Product: Debt collection — Rental debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: Rowland Avenue Management, Inc. A/KA Columbia Debt Recovery, LLC d/b/a Genesis
State: TX

Complaint narrative:
This letter serves as my final communication regarding your unlawful attempts to collect an alleged debt of {$3200.00} related to my prior lease at XXXX XXXX XXXXXXXX XXXX XXXXXXXX, TX. Your actions demonstrate blatant disregard for federal and state laws, as well as the terms of the lease agreement. 

These violations have caused significant financial harm, emotional distress, and damage to my credit, for which I now demand {$4000.00} in compensation. If this matter is not resolved promptly, I will proceed with filing a claim against your surety bond, pursuing legal action in small claims court, and escalating this case to regulatory authorities. 

Violations and Supporting Laws 1. Violations of the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq. : Your actions have violated multiple provisions of the FDCPA, including : Failure to Validate the Debt ( 15 U.S.C. 1692g ) : Despite my request, you failed to provide adequate validation of the alleged debt. Proper validation requires : A detailed breakdown of charges.

Supporting documentation, such as invoices, receipts, and photos of damages. 
Proof that the debt is enforceable under the lease terms, including compliance with the arbitration clause. 
False Representation and Unfair Practices ( 15 U.S.C. 1692e & 1692f ) : You falsely claimed authority to collect this debt without initiating arbitration, which is required under the lease agreement. 
You engaged in unfair practices by reporting the debt to credit bureaus without validating it or resolving the dispute through arbitration. 

2. Breach of Lease Agreement Arbitration Clause The lease explicitly requires disputes to be resolved through arbitration. By pursuing collection without arbitration, you are in breach of the agreement. This breach invalidates your claim to collect the debt and exposes you to liability for damages caused by your unlawful actions. 

3. Violations of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq. : Your reporting of the debt to credit bureaus violates the FCRA in the following ways : Failure to Report Accurate Information ( 15 U.S.C. 1681s-2 ( a ) ) : You reported the debt as valid without arbitration or proper validation. 
Failure to Mark the Debt as Disputed ( 15 U.S.C. 1681s-2 ( b ) ) : After receiving my dispute, you failed to mark the account as disputed with credit reporting agencies, further harming my credit.

4. Violations of Texas Property Code ( Chapter 92 ) : Your actions are in direct violation of the Texas Property Code : Improper Move-Out Charges ( Texas Property Code 92.104 ) : The ledger shows charges such as a {$680.00} relet fee and {$150.00} for future rent due to insufficient notice. These charges : Exceed actual damages. 
Are unsupported by evidence of efforts to relet the unit. 
Violate 92.104 ( c ), which requires landlords to mitigate damages and credit the tenant for any amounts recovered.

Failure to Provide Evidence for Damage Charges ( 92.104 ) : Charges for carpet cleaning ( {$80.00} ) and carpet burns ( {$50.00} ) lack supporting documentation such as photos or repair invoices. 
Failure to Properly Refund Security Deposit ( 92.103 ) : Deductions were not itemized or supported within the 30-day period required by law.

5. Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP ) : Under the Dodd-Frank Act, your actions violate UDAAP principles by : Misrepresenting the validity of the debt and your authority to collect it. 
Failing to disclose your obligation to resolve disputes through arbitration. 

6. Violation of Washington State Collection Agency Act ( RCW 19.16 ) : As a licensed debt collector in Washington, you are required to act in good faith and adhere to agreements between consumers and creditors. Your failure to follow the arbitration clause in the lease constitutes a violation of these requirements. 

7. Improper Fees and Double-Dipping The ledger shows : A relet fee of {$680.00} and future rent of {$150.00} charged simultaneously, which amounts to double-dipping and violates Texas Property Code 92.104 ( c ).

Utility fees, pest control charges, and convenience fees that appear excessive or improperly allocated under Texas Administrative Code Title 16, Rule 24.124.

Demands for Resolution To resolve this matter amicably, I demand the following : 1. Immediate Removal of All Credit Reporting : Notify all credit reporting agencies to remove any tradelines associated with this account and provide written confirmation.

2. Validation of the Debt : Provide a complete validation of the debt, including : An itemized breakdown of charges. 
Supporting documentation such as receipts, invoices, and photos of alleged damages. 
Proof of compliance with the arbitration clause. 
3. Compensation for Damages : I demand {$4000.00} in compensation for : Emotional distress caused by your unlawful actions. 
Damage to my credit, which has impacted my financial opportunities. 
Time and resources spent defending myself against your violations. 

Next Steps If you fail to comply with these demands within 15 days, I will take the following actions : 1. File a Claim Against Your Surety Bond : I will file a claim against your surety bond with the Washington Department of Licensing for failing to follow proper debt collection procedures.

2. File a Small Claims Court Complaint : I will pursue legal action in small claims court, seeking damages, attorneys fees, and injunctive relief.

3. File Formal Complaints with Regulatory Authorities : I will escalate this matter to : The Texas Attorney Generals Office. 
The Washington Department of Licensing. 

This is your final opportunity to resolve this matter without further escalation. I urge you to act promptly and in compliance with all applicable laws. 

Sincerely, XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation