Consumer complaint received 2024-12-09 00:00:00
Product: Debt collection — Medical debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Green & Sons Agency, Inc.
State: UT

Complaint narrative:
This complaint is being done for the purpose of documenting continued violations made by Outsource Receivables Management ( hereafter referred to as ORM ) and their unwillingness to settle these violations despite my continued and arduous attempts. I would also like to document that this complaint is having to be made after the fifth traumatizing hospitalization and ultimately the death of my father. It is unfathomable to have to be putting together a complaint due to ORMs negligence while dealing with the grief and mourning of my fathers passing. 

ORM has broken the law by breaching the Fair Debt Collection Practices Act ( FDCPA ) requirements of 15 U.S. Code 1692g as defined in 12 CFR 1006.34 ( c ) ( 2 ) ( i ), ( iv ), ( vi ), ( viii ), and ( viii ), 12 CFR 1006.34 ( c ) ( 3 ) ( i ), ( ii ), and ( iii ), and 12 CFR 1006.34 ( c ) ( 4 ) ( i ) and ( ii ). ORM has also broken the law by breaching the FDCPA requirements of 15 U.S. Code 1692c multiple times ; and has failed to send me proof of debt validation via US mail. ORM has failed to contact me to settle these proven violations even after numerous attempts on my part. ORM received and signed for my then current invoice of {$26000.00} for their violations, my actual fees, and my expenses ( see attachments for signature and tracking number ). 

To date I have not received any communications from ORM in response to my letters and affidavits proving their violations, which were signed for via certified mail. The only communication I have received from ORM in response to my affidavits and letters was through two CFBP complaint IDs : XXXX and XXXX where they attached documents, I have never received to my residence. The documents provided are not mine. This is not my debt. ORM continues to blatantly violate the law and has NEVER sent me US mail return correspondence as requested in all my communications. There has been XXXX proof provided, again this is NOT my debt. 
ORM was in fact informed that XXXX XXXX XXXX failed to provide valid debt validation or proof that this debt was actually incurred by myself. In the affidavit dated XX/XX/XXXX ORM was provided tracking numbers for all communications sent to XXXX XXXX XXXX as well as the additional information that XXXX XXXX XXXX broke 15 U.S. Code 1692c. It is consumers right that if a consumer requests debt validation and the original creditor fails to provide it that the company can not continue collection efforts. This is beyond harassment at this point. There is no proof that this debt is mine. 

Make note that the legal maxim states that an unrebutted affidavit stands as truth. Affidavits and notarized letters were sent to provide proof and purport truth to ORM. By providing this type of communication to ORM it brings credibility to certain facts in any legal proceedings that may be taken and will thereby shape the course of the legal decision-making process. ORM has been provided my ACTUAL costs associated with this interaction per the Notice of Intent Fee Schedule. These fees have been clearly documented and received via notarized affidavit, letters, and invoices sent via certified mail, signatures of receipt can be easily seen in the attachments. 

As members of the XXXX XXXX XXXX, Utah XXXX XXXX XXXX and XXXX any reasonable person would assume that ORM would meet their obligations. As a debt collector ORM is to concede when there is clear evidence that they have violated consumer rights, the FDCPA, and the Telephone Consumer Protection Act ( TCPA ). 
ORM was given 15 business days to respond to my last communication ( see attachment ). As of XX/XX/XXXX I have not received any form of communication from ORM. If this is an error, please provide valid proof. I also sent a copy of this communication to : XXXX XXXX, President ( certified tracking number XXXX signed for on XX/XX/XXXX at XXXX ). XXXX XXXX, Owner and President ( certified tracking number XXXX signed for on XX/XX/XXXX at XXXX ). XXXX XXXX, CEO ( certified tracking number XXXX signed for on XX/XX/XXXX at XXXX ). XXXX XXXX, Client Relations ( certified tracking number XXXX signed for on XX/XX/XXXX at XXXX ). ORM has been more than well informed and has been given proper notices of violations and associated actual fees/expenses for their violations per the Notice of Intent Fee Schedule originally received on XX/XX/XXXX, via certified mail XXXX XXXX XXXX XXXX XXXX ( see attached signatures ). 

All my communications have been officially authenticated, notarized and accurately documented to prove the ongoing efforts of resolution and proof of the communication received by ORM. ORM has failed to respond to any, and all, of the signed certified mail notarized affidavits and letters I have sent.

ORM has admitted initial communication occurred ( per CFPB Complaint ID XXXX ) via letter dated XX/XX/XXXX which has a clear and conspicuous statement of, This is an attempt to collect a debt. ( See attachment ). This letter does not meet the FDCPA requirements of initial communication with a consumer in connection with the collection of any debt ; and is a clear violation of 15 U.S. Code 1692g. ORM does not get to reinterpret the law to fit their needs. The law is very clear and ORM has violated not only 12 CFR 1006.34, but also Notice of Debt ; Contents 15 U.S. Code 1692g ( a ) ( 3 ), 15 U.S. Code 1692g ( a ) ( 4 ), and 15 U.S. Code 1692g ( a ) ( 5 ).

ORM received and signed for a written request to cease communication per 15 U.S. Code 1692c ; to not call my place of residence or workplace on XX/XX/XXXX at XXXX per tracking number XXXX. FDCPA violations and previously defined harassment occurred twice on XX/XX/XXXX via telephone calls at XXXX and XXXX ( see attached screenshot of calls ) ; as well as committing a third violation of leaving a voice mail per the Notice of Intent Fee Schedule on XX/XX/XXXX at XXXX. I clearly defined calls were considered harassment per the received affidavit dated XX/XX/XXXX. This affidavit was signed for by ORM on XX/XX/XXXX at XXXX per tracking number XXXX. This is also a violation of the TCPA as ORM does not have a verifiable consent to contact me. Violations of the TCPA also have applicable fines for violations.

I have been more than patient in attempting to settle this matter with ORM. This is documented evidence of an Opportunity to Cure. Should these violations not be satisfied with this last attempt I have now proven to my full capacity to settle this matter, and it is purely ORMs unwillingness and negligence to acknowledge their blatant violations that bring these matters to the court. 

I will also be filing a complaint with the Federal Trade Commission about these violations and the unwillingness of ORM to acknowledge their violations even after being provided authenticated proof.

There is also speculation that ORM is breaking federal postal rules as I have sent them several certified mailings with green signature cards and have not received a single card back. If this case goes to court, I will request to have this federal violation fully investigated. According to federal postal rules a receiver of certified mail is required to send the green signature card ( also known as a Return Receipt ) back to the sender once they sign it upon deliver, essentially making it mandatory to return the card after signing it. I will also be filing a complaint with the Utah State Attorney General. In Utah not sending green cards back is also considered a violation of the FDCPA and allows me the right to sue for additional damages if the lack of the card caused me harm or significantly impacts my ability to dispute the debt, which it has. 

In affidavit dated XX/XX/XXXX ( received and signed from by ORM on XX/XX/XXXX per tracking number XXXX ) I requested a copy of the contract that gives ORM the authority to collect this alleged debt, which was refused. This failure allows the presumption that ORM is trying to collect a return on investment and not a legally defined debt. This was clearly stated in the affidavit letter dated XX/XX/XXXX, and has gone unrebutted. Per XXXX XXXX XXXX XXXX XXXX. A Return on Investment is to bring upon acquired property or other assets in order to produce revenue ( condensed definition ). It is clear to see that what ORM is trying to produce is revenue from their attempts and ongoing harassment. The affidavit letter was received not only by the Idaho Office per tracking number XXXX, but a copy was sent to ORMs Utah office for XXXX XXXX, President ( certified tracking number XXXX signed for on XX/XX/XXXX at XXXX ). XXXX XXXX, Owner and President ( certified tracking number XXXX signed for on XX/XX/XXXX at XXXX ). XXXX XXXX, CEO ( certified tracking number XXXX signed for on XX/XX/XXXX at XXXX ). XXXX XXXX, Client Relations ( certified tracking number XXXX signed for on XX/XX/XXXX at XXXX ). 

My actual damages have been outlined in my Notice of Intent Fee Schedule. This fact has been stated multiple times in my communication without rebuttal. I will also be seeking emotional duress, damages for wasting my time due to ORMs negligence to acknowledge violations after proper notice has been given, and attorney fees. 

I am no ordinary consumer. I am well educated and understand my rights. This is my FINAL attempt to settle this matter. ORM is advised to contact me as soon as possible to avoid further financial burden. I have gone above and beyond in measures to get this resolved before filing my court case. I will be seeking the full extent of restitution and damages for my time and for the emotional duress I have endured. It is time that debt collection agencies be held accountable to the law and flush out their blatant violations. 

If I am forced to take this matter to court all outlined fees of court appearance and others in the Notice of Intent Fee Schedule shall apply, I would suggest you review these fees. 

You have my permission to contact me via email : XXXX or via phone XXXX for settlement purposes ONLY. 

NOTICE : Should Outsource Receivables Management contact me again in any attempt to collect on this debt ; and not for the purpose of settlement, the additional fees of actual expenses outlined in the Notice of Intent Fee Schedule shall apply. You have been given proper notice.

Company response to consumer: Closed with explanation