Consumer complaint received 2025-01-13 00:00:00
Product: Debt collection — I do not know
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: Capio Partners, LLC
State: MD

Complaint narrative:
I am filing this formal complaint against this debt collector for their numerous violations of the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ), as well as for their deliberate and willful disregard for the arbitration clause contained in the agreement governing the alleged debt. The actions this debt collector demonstrate a fundamental lack of compliance with federal consumer protection laws and contractual obligations, necessitating immediate corrective action. 

Key Legal Violations 1. Material Breach of Contract Arbitration Clause Based on the information reported to my credit report, I have been able to identify the alleged original creditor of the alleged debt Per the Consumer Financial Protection Bureau ( CFPB ) database of creditor agreements, this original creditor includes a binding arbitration clause in its agreements. The arbitration clause explicitly requires that any dispute regarding this debt be resolved through arbitration, not through collection or reporting activities. 
The debt collector 's refusal to provide the original contract that contains this arbitration clause demonstrates a calculated attempt to conceal their material breach of the contract. By initiating collection and reporting activities without adhering to the arbitration agreement, they have acted in bad faith and unlawfully. 
2. Failure to Provide Valid Debt Validation Under FDCPA 1692g ( b ), debt collectors are required to provide lawful validation of a debt when disputed. It is well-established that billing statements do not constitute lawful validation or proof of the right to collect on a debt. Validation requires : o A copy of the original signed agreement or contract that clearly identifies me as the party responsible for the debt. 
o A complete chain of title, including a valid Purchasing Agreement and Bill of Sale, documenting the transfer of the debt from the original creditor to the current debt collector.

The debt collectors continued refusal to produce these documents is a direct violation of federal law and further evidence of their inability to prove their legal right to collect.

3. Failure to Provide a Debt Validation Notice Under FDCPA 1692g ( a ), debt collectors must provide a written validation notice within five days of their initial communication. This notice must include the amount of the debt, the name of the original creditor, and instructions for disputing the debt. The debt collector has failed to provide this notice, depriving me of my legal right to understand and challenge the debt. 
4. Improper Reporting of the Alleged Debt Despite my dispute and the lack of proper validation, the debt collector has reported this alleged debt to credit reporting agencies. This action violates FDCPA 1692g ( b ), which prohibits collection activity, including credit reporting, until the debt has been properly validated.

5. Violation of the Fair Credit Reporting Act ( FCRA ) By reporting unverifiable and potentially inaccurate information to the credit bureaus, the debt collector violated FCRA 1681s-2 ( b ). This provision requires entities to ensure the accuracy of information before reporting and mandates a prompt investigation when disputes are raised. 
6. XXXX XXXX XXXX The debt collectors repeated failure to respond adequately to my lawful requests for documentation and validation constitutes estoppel by silence. As such, they are legally barred from pursuing any further collection activity. 

Requested Documentation To validate the alleged debt and demonstrate compliance with federal law and contractual obligations, I demand the following : 1. A copy of the original signed agreement with the original creditor, which includes the arbitration clause.

2. A complete chain of title showing ownership of the debt, including the Purchasing Agreement and Bill of Sale.

3. A comprehensive payment history, including the original balance and a breakdown of all fees, charges, and interest.

4. Proof that the debt collector is licensed to collect debts in my state.

5. A copy of the debt validation notice, as required under FDCPA 1692g ( a ).

6. Confirmation that the name, address, date of birth, and Social Security number associated with the debt match my information.

Additional Legal Clarifications I must emphasize that billing statements alone are not sufficient validation of a debt. Courts have consistently held that debt validation must include contractual evidence proving that I, as the alleged debtor, am liable for the debt and that the entity attempting to collect has a legal right to do so. This requires producing the original agreement and the complete chain of assignment.

Furthermore, the arbitration clause contained in the original creditors agreement, as listed in the CFPB database of creditor agreements, renders any collection or reporting activity void unless arbitration has been pursued. This clause is binding and can not be circumvented by the debt collector.

Company response to consumer: Closed with non-monetary relief