Consumer complaint received 2024-12-12 00:00:00
Product: Debt collection — Other debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: Aldous & Associates, PLLC
State: NV

Complaint narrative:
I am writing to file a complaint against XXXX XXXX and their assigned debt collection agency, Aldous & Associates, regarding their handling of a debt related to my gym membership. While I acknowledge that the debt existed and I ultimately paid it in full, my concern lies in the fact that I was never provided with proper or fair notice of this debt via mail. Consequently, I only became aware of the debt long after it had been reported to the credit bureaus, resulting in unnecessary harm and confusion. My credit score with XXXX has dropped by XXXX to XXXX points. This drop has led to a 45 % increase in my automobile insurance premiums, costing me thousands of dollars over the years, despite my XXXX perfect driving record. Additionally, I am unable to seriously consider purchasing a home, as the already high interest rates are further exacerbated by this issue. Despite successfully managing and negotiating all of my other financial obligations during this challenging period, the lack of proper notification from XXXX XXXX and Aldous & Associates prevented me from addressing this specific debt in the same responsible manner. 

Details of Complaint : Discovery of Debt : I first became aware of the alleged overdue gym membership fees when I pulled my credit report and saw that Aldous XXXX XXXX had reported the debt on XX/XX/XXXX. I did not receive any mailed notice or validation of the debt beforehand. 

Communication Issues : Upon investigation, I learned that Aldous & Associates was calling a XXXX phone number that was not my number. I had also relocated during the pandemic, XX/XX/XXXX, but I had mail forwarding in place and all of my other creditors successfully contacted me via mail or phone. 

Other Creditors Communication Success : During this challenging periodspanning from XX/XX/XXXX to XX/XX/XXXX when I was on XXXX due to COVID-related health complications, and subsequently unemployed for the remainder of XXXX other creditor I dealt with managed to locate and contact me. This includes my landlords, utilities, medical providers, and major credit card companies ( XXXX XXXX, XXXX XXXX, XXXX, XXXX ) as well as XXXX XXXX for a personal loan and XXXX XXXX XXXX for my auto loan. In all cases, I was able to arrange timely payments or negotiate payment plans, preventing default. 

Repeated Attempts to Resolve with Crunch Fitness : I personally visited the Crunch Fitness location multiple times to speak with a representative named " XXXX '' who was purportedly authorized to assist with membership and billing issues. Each time I visited, he was either busy or out running errands, and he never responded to my messages. I also attempted to contact XXXX XXXX corporate offices in New York but was unable to reach anyone who could resolve the matter. 

Payment in Full Without Negotiation : On XX/XX/XXXX, after finally understanding the full nature of the claim, I paid the entire balance of {$260.00} to Aldous & Associates without attempting to negotiate. My intent was not to evade the debt but to correct a situation I was not properly informed about. 

Hardline Approach by the Collection Agency : When I communicated with Aldous & Associates in XX/XX/XXXX and explained my circumstanceshaving been unemployed and on XXXX during the time in questionthey responded dismissively, stating it is no longer COVID, disregarding the period when the debt was incurred and my efforts to engage in good faith if I had known about the debt. 

Why I Believe Fair Notice Was Not Provided : 1. Lack of Mailed Notice : Despite having mail forwarding and stable contact information accessible through my other creditors, I never received any written notification from Crunch Fitness or Aldous & Associates. 

XXXX. All Other Debts Were Successfully Managed : Throughout the pandemic, I maintained communication with all other creditors, arranged payments, and did not default on any debts. If these companies managed to find me and negotiate arrangements, it is implausible that XXXX XXXX and Aldous & Associates could not do the same. This discrepancy suggests a failure in their notification process.

3. Credit Reporting Before Awareness : I only discovered the delinquency by reviewing my credit report, which indicates that the debt may have been reported without proper prior notification, potentially violating the spirit, if not the letter, of the Fair Debt Collection Practices Act ( FDCPA ) and related consumer protections. 
Additional Context ( COVID-19 Environment & Debt Collection Timeline ) : In XX/XX/XXXX, when I spoke with Aldous & XXXX XXXX XXXX and ultimately pay this debt, I mentioned the financial and employment hardships I had faced at the time the debt originatedspecifically, early XXXX, when COVID-19 restrictions and related impacts were still very much in place. In response, the representative stated, it is no longer COVID, as if I were unaware of the current date or attempting to use a present condition as an excuse for the past. 

This remark is problematic for two reasons. First, it sidesteps the actual timeframe of the debt, which was during a period when the pandemic significantly affected job stability, financial security, and reliable communication. The hardships I faced in early XXXX are integral to understanding why I did not receive or respond to any supposed notices. Second, the dismissive tone of this statement trivializes my past struggles and attempts to invalidate the relevance of those circumstances. It ignores the fact that my inability to address the debt was not due to the current situation in XX/XX/XXXX, but rather the lack of proper notification at a time when COVID-related challenges made it even more critical for businesses and collectors to communicate clearly and compassionately. 

In other words, the collectors comment that it is no longer COVID was an inappropriate and irrelevant rebuttal. It neither justifies their failure to notify me properly in early XXXX nor acknowledges the severe economic and social difficulties consumers faced during that period. Providing a general time-line seems an appropriate rebuttal to their statement : XXXX XXXX ( Due date and 30 days past due ) During this period, XXXX XXXX XXXX was under strict public health orders. Gyms were restricted to outdoor operations in XXXX and permitted only 10 % indoor capacity in XXXX after moving from the XXXXXXXX XXXX XXXX  XXXX. Many individuals, including myself, faced employment instability, reduced income, and challenges adhering to essential health guidelines. 

XX/XX/XXXX : XXXX XXXX XXXX XXXXhe XXXX XXXX XXXX XXXX XXXX published an interim final rule in the Federal Register, requesting continued leniency on aggressive mortgage debt collection, highlighting ongoing consumer debt struggles. 

XX/XX/XXXX : ( 60 days past due ) By XXXX, XXXX XXXX XXXX advanced to the XXXX XXXX, allowing gyms to operate at 25 % indoor capacity with strict safety measures. This period was marked by gradual reopenings and ongoing vaccination efforts. 

XX/XX/XXXX : ( 90 days past due ) On XX/XX/XXXX, California lifted most restrictions, removing capacity limits and distancing requirements. However, the economic and personal impacts of the pandemic persisted, with many consumers only beginning to recover or regain stable employment. In XXXX XXXX, social distancing and mask requirements remained in effect. 

XX/XX/XXXX : ( debt added to XXXX ) The emergence of the XXXX variant led to a resurgence of cases, prompting XXXX XXXX XXXX to reinstate an indoor mask mandate on XX/XX/XXXX. While business operations appeared to normalize by XXXX, many consumers continued to face prolonged economic and social challenges from the preceding months. In California, daily COVID cases rose 30 % and hospitalizations rose 34 % the first week of XXXX alone. 

Given the evolving health guidelines, employment challenges, and disruptions to normal business operations, a compassionate approach from creditors and collectors would have recognized these hardships. During this same period, my other creditors demonstrated understanding by successfully reaching out through mail or other reliable channels, allowing me to meet my obligations responsibly. In stark contrast, XXXX XXXX and Aldous & Associates failed to provide proper notice or engage with me before reporting the debt.

Company response to consumer: Closed with explanation