Consumer complaint received 2024-10-10 00:00:00
Product: Debt collection — Other debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Wilber and Associates, P.C.
State: TN

Complaint narrative:
Dear CFPB, I am writing to file a complaint against Wilber Group regarding their debt collection practices related to a claim for damages arising from an automobile accident on XX/XX/year>. 

During my communications with Wilber Group, I was subjected to deceptive practices and undue pressure to authorize a payment plan without proper explanation of my rights. Specifically, a representative named XXXX XXXX pressured me to click on a link that I believed would provide further information on my rights and the terms of the debt. Instead, it resulted in an unauthorized agreement. 

I believe this conduct violates the Fair Debt Collection Practices Act. I request that you investigate this matter. 

Thank you for your attention to this issue. 

I am writing to file a complaint against Wilber Group regarding their debt collection practices related to a claim for alleged damages arising from an automobile accident on XX/XX/year>. 

During my communications with Wilber Group, I was subjected to deceptive practices and undue pressure to authorize a payment plan without proper explanation of my rights. Specifically, a representative named XXXX XXXX pressured me to click on a link that I believed would provide further information on my rights and the terms of the debt. Instead, it resulted in an unauthorized agreement. 

I believe this conduct violates the Fair Debt Collection Practices Act. I request that you investigate this matter. 

Thank you for your attention to this issue. 

I am writing to formally initiate a new complaint against Wilber Group concerning the alleged debt related to an automobile accident on XX/XX/year>. My previous claim ( reference number XXXX ) has been closed, and I request that you reopen it and include all pertinent information from this correspondence. 

I appreciate your previous response regarding my complaint, specifically your willingness to void the promissory note and refund the {$1500.00} down payment. However, there are several critical details regarding the events leading up to my agreement that I believe involve deceptive and coercive practices that may have violated my rights.

Wilber Group has attempted to collect various amounts concerning this alleged debt, which adds to my concerns about the legitimacy and accuracy of their claims. Specifically, I was pressured to click a large blue button within an email during a phone conversation with XXXX XXXX, a representative from Wilber Group. This action resulted in my unknowingly signing a legally binding promissory note. At no point during the call did XXXX XXXX explain my rights or provide full disclosure of what clicking that button would entail. Instead, she led me to believe that by clicking the button, I was simply reviewing the terms of the document we were negotiating. 

XXXX XXXX did not read or explain the promissory notes terms and conditions, nor did she inform me of the legal obligations I would incur by pressing the button. I felt coerced into taking this action under false pretenses, lacking the necessary transparency to make an informed decision. 

This situation raises serious concerns regarding compliance with the Electronic Signatures in Global and National Commerce Act ( E-Sign Act ). The process failed to meet the legal requirements for electronic consent, as I was not properly informed that clicking the button would serve as a legally binding signature. Furthermore, XXXX XXXX high-pressure tactics, coupled with a failure to provide adequate information, suggest a violation of my rights as a consumer, particularly regarding transparency and fair dealing. 

Wilber Group claims my agreement was a result of a mistake in clicking a button without understanding the implications. However, I want to clarify that I did not click the blue button by mistake ; I was on the phone with XXXX XXXX when the email came through. During that conversation, she pressured me to click the button without adequately explaining my rights or the nature of the legally binding document I was about to authorize. The failure of Wilber Group to acknowledge the conduct of their representative during this conversation raises serious concerns about their collection practices. 

I believe these actions could be considered deceptive practices under federal and state consumer protection laws, which prohibit misleading or coercive behavior in contractual agreements. The right to make an informed decision is fundamental, and I feel that this was not respected in this case. 

While I accept the refund of the {$1500.00} payment and the voiding of the promissory note, I want to emphasize that this agreement was not made by mistake on my part but rather through deceptive and coercive tactics. Additionally, I request validation of the alleged debt before pursuing any further negotiations. I remain open to resolving the underlying subrogation claim, but only under terms that are fair, transparent, and legally sound. 

Thank you for your attention to this matter. I look forward to your assistance in reopening my previous complaint and addressing these critical concerns.

Company response to consumer: Closed with explanation