Consumer complaint received 2025-01-02 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: CAINE & WEINER COMPANY, INC.
State: TX

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Tx XXXX XXXX XXXX XX/XX/XXXX CAINE & WEINER COMPANY INC XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, CA XXXX ( XXXX ) XXXX Re : Request for Debt Verification and Dispute of Inaccurate Reporting Dear Caine & Weiner Company INC , I am writing to formally dispute the debt you are attempting to collect on behalf of Progressive Insurance . I request that you provide verification of this debt and the following supporting documentation by mail : 1. Verification of Non-Receipt of Devices : Please provide verification that you did not receive the two devices in question.

2. Picture of Package : Please send me a clear picture of the package that was received by your office as evidence of the goods associated with this debt.

3. Original Contract with My Wet Signature : I request a copy of the original contract that I signed in ink ( my wet signature ) for the purchase of the devices or services.

4. Contract from the Original Creditor with My Wet Signature : Please provide a copy of the original contract signed with my original wet signature with the creditor that initially held the debt.

5. Method and Process of Verification : Provide a detailed explanation of how you verified the debt, including the method and any relevant supporting documentation used in this verification.

6. Investigation Process and Proof of Results : Outline the investigation process you followed to verify that this debt is indeed mine, and provide proof or results from your investigation.

7. Your Debt Collection License in Texas : Please provide a copy of your license to collect debts in the state of Texas, in accordance with Texas Debt Collection Law. Under Section 392.101 of the Texas Finance Code, debt collectors must be licensed by the Texas Department of Banking to legally collect debts in Texas. Please confirm that you were licensed at the time this debt was pursued for collection and provide your NMLS number for verification. 

Licensure as of the Original Date of Reporting : It is important to note that it is illegal to pursue licensure after this debt has been reported for collection. As such, I request verification that your company was duly licensed to collect debts in Texas at the time this debt was originally reported as delinquent.

8. Contract with My Wet Signature for Consent to Purchase and Report Information : Please provide a copy of the contract with my wet signature, demonstrating that I consented and agreed to allow Caine & Weiner to purchase and report my personal information.

9. Date of Sale of My Personal Information : Please provide the specific date of sale of my personal information to Caine & Weiner, and how this information was transferred.

10. Explanation as to why this debt was previously deleted from my credit report in XXXX, only to be reported again as a new account on my credit report on XX/XX/XXXX without any prior communication for verification as required by the Fair Credit Reporting Act ( FCRA ), 1681i and Texas Finance Code 392.304 ( a ).

Please be advised that as per the FCRA and Texas law, this debt must be verified and can not be resold or reported again unless proper verification is provided. FCRA Section 1681i mandates that disputed information must be investigated and removed if it can not be verified, and Texas Finance Code Section 392.304 prohibits reporting false or misleading information.

In addition, Texas Finance Code 392.202 requires that a debt collector be licensed to collect debts in Texas. If Caine & Weiner was not licensed at the time this debt was originally pursued for collection, it would violate Texas law.

As of the original date of reporting this collection, the law prohibits debt collectors from pursuing licensure after the debt has been reported. As such, I request that you provide proof that you were licensed at the time the debt was pursued. 

Violation of FCRA and Texas Consumer Laws : Under the Fair Credit Reporting Act ( FCRA ), I am entitled to a 30-day window to respond before any action is taken to report inaccurate information. I was not contacted within the 30-day timeframe to validate or verify the debt prior to its reporting. Therefore, I believe this is a violation of both the FCRA and Texas Consumer Protection Laws. 

Furthermore, as this matter is currently being handled, I request that this debt can not be resold nor reported in the future. I ask that you ensure no further action is taken to report, resell, or transfer this debt to any other party. Once resolved, this matter must be considered closed, and no additional attempts to report or collect this debt should occur. 

Failure to comply with these requests will result in further legal action, and I will pursue all available remedies under the Fair Credit Reporting Act ( FCRA ), Texas Finance Code, and Texas Business and Commerce Code, Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ), Texas Attorney General, Texas Department of Banking ( TDB ), Texas Credit Repair Organizations Act ( CROA ), XXXX XXXX XXXX ( XXXX  ), and Texas Legal Services Center, which protect consumers from the reporting of inaccurate, unverifiable, or outdated information. 

Thank you for your prompt attention to this matter. I expect a response with the requested documentation within the legally required timeframe. 

Sincerely, XXXX XXXX XXXX __________________________________________ Legal References : Fair Credit Reporting Act ( FCRA ) : Section 1681i Procedures in Case of Disputed Information : * FCRA 1681i ( a ) ( 1 ) ( A ) * FCRA 1681i ( a ) ( 4 ) Section 1681s-2 Duties of Furnishers of Information : * FCRA 1681s-2 ( b ) Section 1681b Permissible Purposes of Consumer Reports : * FCRA 1681b Section 1681c Information Excluded from Consumer Reports : * FCRA 1681c ( a ) ( 5 ) Texas Law Texas Debt Collection Act ( Texas Finance Code, Chapter 392 ) Texas Finance Code 392.304 Unlawful Debt Collection Practices : * Texas Finance Code 392.304 ( a ) Texas Finance Code 392.202 Licensing Requirement for Debt Collectors : * Texas Finance Code 392.202 ( a ) Texas Finance Code 392.303 Collection of Unverified or Inaccurate Debt : * Texas Finance Code 392.303 ( a ) Texas Business and Commerce Code 20.05 Fraudulent or Inaccurate Reporting

Company response to consumer: Closed with explanation