Consumer complaint received 2026-01-07 00:00:00
Product: Debt collection — I do not know
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: The Stark Collection Agency, Inc.
State: CO

Complaint narrative:
I am submitting this complaint regarding a debt collector that is attempting to collect an alleged debt that I do not owe and that has not been properly validated. The debt collector claims to have purchased my personal information and an alleged account from a third party and has placed the account into collections without providing legally required proof of the debt or their authority to collect it. 

The debt collector has failed to demonstrate that a valid debtorcreditor relationship exists between myself and the original creditor, and has not provided competent evidence that the alleged debt is accurate, enforceable, or legally transferable. Merely purchasing data or account information does not establish ownership of a valid debt or the right to collect it. 

Under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq., a debt collector is prohibited from using false, deceptive, or misleading representations in connection with the collection of any debt, including falsely representing the legal status or ownership of a debt ( 15 U.S.C. 1692e ). The FDCPA also requires debt collectors to provide proper validation of a debt upon request ( 15 U.S.C. 1692g ). 

Federal courts have consistently held that debt buyers must be able to prove ownership and validity of a debt, not merely claim it : In Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, 559 U.S. 573 ( 2010 ), the Supreme Court reaffirmed that debt collectors are strictly liable for violations of the FDCPA, even when they claim a mistake of law.

In McLaughlin v. Phelan Hallinan & Schmieg, LLP, 756 F.3d 240 ( 3d Cir. 2014 ), the court held that misrepresenting the legal status or ownership of a debt violates 1692e.

In Heintz v. Jenkins, 514 U.S. 291 ( 1995 ), the Supreme Court confirmed that the FDCPA applies broadly to debt collection activities and representations. 

Courts have also made clear that debt buyers must demonstrate a clear chain of title. In XXXX XXXX, XXXX v. Trice, 952 N.E.2d 1232 ( Ind. Ct. App. 2011 ), the court ruled that a debt buyer must prove ownership of the specific debt it seeks to collect. 

Despite these requirements, the debt collector has failed to provide : A signed contract or agreement bearing my name Proof of the original creditors claim A complete chain of assignment showing lawful transfer of the alleged debt Documentation showing the amount alleged is accurate Placing this unverified account into collections and reporting or threatening to report it to consumer reporting agencies constitutes an unfair and deceptive practice. If the account has been reported to credit bureaus, it may also violate the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681, which requires furnishers to report accurate and verifiable information. 

I am requesting that the CFPB investigate this matter and require the debt collector to : Remove any credit reporting related to this account I believe this conduct demonstrates systemic noncompliance with federal consumer protection laws and warrants regulatory attention.

Company response to consumer: Closed with explanation