Consumer complaint received 2025-03-21 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Financial Management Solutions, LLC
State: MD

Complaint narrative:
RE : References, CFPB Complaint ID : XXXX and Complaint ID XXXX. 

This notice is in direct response to your communications regarding an alleged debt. In The XXXX XXXX of XXXX XXXX, XXXX  initial communication, the company verbally and conspicuously identified itself as a debt collector attempting to collect a debt. As such, if the office is acting in the capacity of a debt collector, you are legally bound by the Fair Debt Collection Practices Act ( FDCPA ) and subject to its restrictions, including but not limited to, FDCPA 1692e ( 5 ) prohibiting threats of legal action not actually intended to be taken and FDCPA 1692e ( 3 ) & ( 10 ) prohibiting the false implication of attorney involvement in collection efforts.

In light of this, your office is required to provide a formal written response clarifying the following legal concern ; Is an attorney licensed to practice law actively involved in reviewing this case, issuing decisions, or initiating legal action? If so, please provide a written affidavit confirming the attorneys direct involvement. If not, then cease falsely implying legal oversight, which may constitute deceptive collection activity in violation of federal law. If The XXXX XXXX XXXX XXXX XXXX XXXX fails to provide such an affidavit, then your continued representation as a legal entity in a collection capacity constitutes a deceptive practice in violation of FDCPA 1692e. Therefore, I am issuing a formal cease-and-desist demand against The office, prohibiting all further collection activity and any attempt to furnish negative information to consumer reporting agencies.

Additionally, Financial Management Solutions ( FMS ), your company stated that the original creditor has authorized the account for suit. I would like for you to confirm in writing whether legal proceedings have been initiated. If no action has been filed, then this communication amounts to an empty threat, which is also prohibited under FDCPA 1692e ( 5 ).

Honestly, if your company intends to sue for this alleged account, I am fully prepared to engage in legal proceedings. As previously stated, I have already expressed my intent to initiate legal action concerning this matter. However, if we are going to proceed down that path, we must do so through a venue that fully recognizes the nature of this dispute.

This matter is not purely statutory in nature ; it involves contractual ambiguity, implied administration, and equitable concerns. Therefore, I formally object to any attempt to resolve this matter in a venue that fails to recognize the full scope of contractual, equitable, and common law principles at play. Accordingly, any legal proceedings initiated against me must be brought either in federal court, which has jurisdiction over equity matters, or in private arbitration, where contractual interpretation is fully recognized beyond statutory limitations.

My position remains simple. I am formally demanding a permanent cease-and-desist of all collection activity from third party office, The XXXX XXXX of XXXX XXXX XXXX XXXX XXXX For FMS, I am demanding the immediate and indefinite removal of this account from all consumer reporting agencies and I am not interested in ongoing intimidation or misrepresentation, because of your violation a discharge and close of the account as well. 

If you choose not to comply, I am fully prepared to move forward. If you are prepared to proceed legally, then let us move forward in federal or arbitration court. But if your goal is to avoid unnecessary regulatory attention, costly legal proceedings, and formal exposure of these tactics, the solution is simple.

Company response to consumer: Closed with explanation