Consumer complaint received 2025-08-06 00:00:00
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: TekCollect Inc.
State: NM

Complaint narrative:
To Whom It May Concern, I am filing this response regarding an ongoing collection attempt tied to my former treatment with XXXX XXXX XXXX, which filed for XXXX  XXXX bankruptcy on XX/XX/XXXX, and ceased operations by XX/XX/XXXX. At the time of their closure, my orthodontic treatment was still incomplete, and the retainers I prepaid for were never delivered. Despite XXXX failure to deliver on their obligations, I received a collection notice from TekCollect, a third-party agency acting on behalf of XXXX, demanding payment of {$1000.00}. I have never communicated with TekCollect, was not given an itemized explanation of the debt, and I dispute the validity of the amount in full. In addition to this, XXXX heavily marketed a so-called " Lifetime Smile Guarantee, which promised continued support and refinement if results were not maintained. This promise was false and misleading. The company shut down without honoring this advertised benefit, leaving me with no recourse, despite paying under the belief that this protection would be available. This constitutes a clear violation of 15 U.S.C. 45 ( a ) ( 1 ) of the Federal Trade Commission Act, which prohibits deceptive business practices, including false advertising and misrepresentations of service guarantees. Appropriate and Requested Remedial Actions 1. Immediate Removal of Derogatory Credit Reporting Under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ), furnishers of credit information must not report information they know or should reasonably know is inaccurate. There is no valid debt owed for services that were never rendered, and continued reporting of this balance is inaccurate, misleading, and legally unenforceable. I request that all derogatory marks related to this account be deleted from my credit file, pursuant to FCRA 1681i ( a ) ( 5 ) ( A ). 2. Cease and Desist Collection Efforts Attempting to collect a debt based on undelivered services and false promisesparticularly when the business is bankruptis a violation of the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692e ( 2 ) ( A ), which prohibits false representations about the legal status of a debt. TekCollect has never called me, and the only notice I received was an unsolicited email with no supporting documentation, violating FDCPA 1692g, which requires clear validation of debt upon first contact. I formally request a cease of all collection efforts and consider any future attempts unlawful until validation is produced. 3. Full Refund for Undelivered Services and Misrepresented Guarantees XXXX failed to complete treatment, withheld funds for undelivered retainers, and marketed a Lifetime Guarantee they never intended to honor. These failures constitute : Breach of Contract Unjust Enrichment Failure of Consideration ( Restatement ( Second ) of Contracts 237 ) Deceptive Practices under the FTC Act, and likely violations of the New Mexico Unfair Practices Act ( NMSA 1978, 57-12-1 et seq. ) Because I must now seek care from another aligner company to complete treatment, I am incurring new out-of-pocket costs that should have been covered by XXXX original contract and falsely advertised guarantees. I request a full refund for all services not rendered, including the undelivered retainers. -- - Conclusion and Relief Sought In summary, I respectfully ask that the CFPB take the following actions : Instruct TekCollect and/or HFD to remove all derogatory marks related to this debt ; Order a full cease of collection activity against me ; Ensure a complete refund is issued for the undelivered treatment and retainers ; Investigate SmileDirectClubs advertising and partner billing practices, particularly the misuse of Lifetime Guarantee language and the post-bankruptcy sale or transfer of consumer accounts. Thank you for your attention to this matter and for protecting consumers from exploitative, deceptive, and unlawful financial practices. Sincerely, XXXX XXXX

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation