Consumer complaint received 2025-11-12 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: SUNRISE CREDIT SERVICES, INC
State: TX

Complaint narrative:
XXXX XXXX XXXX Beneficiary All Rights Reserved Without Prejudice UCC 1-308 Void where prohibited by law XXXX XXXX XXXX XXXXXXXX XXXX 
XXXX XXXX XXXX XXXX XXXX To : Sunrise Credit Services XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Date : XX/XX/XXXX Re : Formal Demand for Validation and Notice of Identity Theft ( FDCPA 809 / 15 U.S.C. 1692g ; Reg F 12 C.F.R. 1006.34 ) To Compliance Officer, I am disputing and demanding full validation of the alleged AT & T U-verse account you have reported for {$110.00}. I have never had such an account, and this debt is the result of identity theft. 
This alleged account was previously handled by XXXX XXXX XXXX, XXXX ( please see attached documents ) which removed the item after receiving my FTC Identity Theft Report. Despite that, your company has now furnished the same fraudulent account to the consumer reporting agencies without any prior written notice to me ( XXXX letter ). I know you have never sent me correspondence because I have USPS Informed Delivery. With USPS Informed Delivery I am sent a picture via my email address from the USPS before XXXX of each piece of mail that will arrive in my mailbox for that day before it arrives in my mailbox. I created a folder in my email specifically for the pictures of my mail I receive from XXXX, and I have never received any correspondence from Sunrise Credit Services XXXX. 
Because Sunrise Credit Services XXXX as a collection agency failed to send me a XXXX letter which is, the initial written notice containing my validation rights within XXXX ( XXXX ) days of your companys first communication, Sunrise has violated multiple Federal and State laws designed to protect me, the consumer, from deceptive or unfair collection practices. 




XXXX. FEDERAL LAW VIOLATIONS A. Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692g ( a ) This is the main Federal statute that requires Sunrise Credit Services XXXX as a debt collector to send me a written notice within 5 days after their first communication with you. 
That written notice must include : 1. The amount of debt, 2. The name of the creditor, 3. A statement of my right to dispute the debt within 30 days, 4. A statement that if I dispute, Sunrise will provide verification of the debt, and 5. The name and address of the original creditor ( if different ). 
Because Sunrise Credit Services XXXX never sent this letter, and reported this fraudulent debt to the consumer reporting agencies before notifying me, your company has violated : 15 U.S.C. 1692g ( a ) Failure to send the required written notice.

15 U.S.C. 1692e ( 8 ) Communicating or furnishing credit information known ( or that should be known ) to be false, including failing to report that a debt is disputed.

15 U.S.C. 1692f Using unfair or unconscionable means to collect a debt. 
Each of these violations subjects Sunrise Credit Services XXXX to statutory damages of up to {$1000.00} per action, plus actual damages and attorneys fees. 
________________________________________ B. CFPB Regulation F ( 2021 Update to FDCPA ) 12 C.F.R. 1006.34 This modern rule ( enforced by the Consumer Financial Protection Bureau ) sets the new Validation Information requirements for all collection agencies. 
A collector must provide a Validation Notice containing : The itemization date and breakdown of the debt, The name and mailing address of both the current and original creditor, Consumer response rights and dispute instructions.

Sunrise Credit Services XXXX failed to send me any type of notice and began collection activity ( including consumer reporting ) without providing me with notification, that is a Federal violation of Regulation F under The CFPBs authority. 
________________________________________ C. Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681s-2 States that if the collector reports the debt to a credit bureau without first validating it or notifying you, they have also violated their furnisher duties under the FCRA.

Key sections : 1681s-2 ( a ) ( 1 ) ( A ) Prohibits reporting information known to be inaccurate or unverifiable ; 1681s-2 ( a ) ( 3 ) Requires marking the account as disputed when the consumer contests it ; 1681s-2 ( b ) Requires a reasonable investigation once notified of a dispute. 
Because Sunrise Credit Services XXXX collection tradeline appeared on my consumer report before I received any letter, ( and I still have not received any letter to this date ) it violates both the FDCPA and the FCRA. 
________________________________________ 2. TEXAS STATE LAW VIOLATIONS Please be aware that Texas provides additional protection through the Texas Debt Collection Act ( TDCA ) in the Texas Finance Code, Chapter 392.

A. Texas Finance Code 392.304 Deceptive or Misleading Representations Failing to contact me or send a written notice before reporting the debt is deceptive because it implies that the debt is valid and verified when its not.

Violations include : 392.304 ( a ) ( 8 ) : Misrepresenting the character, extent, or amount of a debt.

392.304 ( a ) ( 19 ) : Using any false representation or deceptive means to collect a debt.

B. Texas Finance Code 392.202 Duty to Investigate and Correct If you dispute the debt in writing, the collector must : Cease collection efforts until verification is complete, and Correct or delete inaccurate information within 30 days.

Failure to send a written notice denied me that right entirely, which itself now constitutes a TDCA violation.

C. Texas Deceptive Trade Practices Act ( DTPA ) Tex. Bus. & Com. Code 17.46 Violations of the Texas Finance Code are automatically treated as deceptive trade practices under the DTPA. 
This allows me to seek treble ( triple ) damages, attorney fees, and injunctive because Sunrise Credit Services XXXX conduct was knowing and intentional. 

Please review the Case Law below that substantiate those facts of your violations. 

Case Law Supporting This : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  The XXXX XXXX held that the validation notices under 1692g ( a ) is mandatory, and failure to send XXXX or to provide adequate notice violates the FDCPA regardless of intent. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  found that a collector violated 1692g ( a ) by failing to provide the written notice within the required XXXX window. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  The XXXX failure to send a validation notice constituted a per XXXX FDCPA violation. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Clarified that sending means mailing the notice even if the consumer claims they didnt receive it, the collector must be able to prove mailing. If theres no record that a letter was mailed, thats a violation. 
Legal Principle : If a collector reports a debt, calls, or otherwise attempts collection without first sending a 1692g ( a ) -compliant validation notice, its a strict liability violation. The FDCPA does not require me to prove intent or damages the failure alone establishes liability. 
________________________________________ B. False or Misleading Collection Activity 15 U.S.C. 1692e ( 8 ) Collectors also violate 1692e ( 8 ) when they report credit information ( such as to XXXX XXXX XXXX XXXX ) without notifying the consumer of the debt or without marking it disputed. 


Case Law Supporting This : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Reporting a debt without verifying or notifying the consumer violated 1692e ( 8 ) because it implied the debt was valid and undisputed. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Furnishing information to a CRA is a collection activity. Reporting before validating violates both 1692e and 1692g. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  The Fifth Circuit held that failure to report a debt as disputed after the consumer contests it violates 1692e ( 8 ). 
________________________________________ C. Unfair or Unconscionable Practices 15 U.S.C. 1692f When a collector skips the validation step and jumps straight to credit reporting or collection, it is considered unfair or unconscionable conduct under 1692f.

Case Law Supporting This : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Conduct that ignores the consumers right to verification under 1692g is inherently unfair and violates 1692f. 
________________________________________ D. Regulation F 12 C.F.R. 1006.34 ( CFPB 2021 Rule ) Regulation F, effective XX/XX/XXXX, codifies the FDCPA notice requirement into modern format. It requires the collector to provide detailed validation information in a clear, written format before collection or credit reporting. 
Failure to do so violates : 12 C.F.R. 1006.34 ( c ) ( content of validation notice ), and 12 C.F.R. 1006.30 ( a ) ( prohibits furnishing info to CRAs before sending the validation notice ). 
Case Law Application : While Reg F is recent, Federal courts have consistently held that failure to follow CFPB rules constitutes a violation of 15 U.S.C. 1692g ( a ) and is enforceable through 1692k ( civil liability ). 
________________________________________ 2. Federal Violations Fair Credit Reporting Act ( FCRA ) A. 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) & ( a ) ( 3 ) Debt collectors are furnishers under the FCRA. If they report unverified or fraudulent information to the credit bureaus, or fail to mark a debt as disputed, they violate FCRAs accuracy requirements. 
Case Law Supporting This : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX The collector lacked a permissible purpose to access the consumers credit report because the alleged debt was not the result of a credit transaction initiated by the consumer. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Furnishers who report information they know ( or should know ) is inaccurate or disputed violate 1681s-2. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Furnishers can be held liable under 1681s-2 ( b ) if they fail to conduct a reasonable investigation after a CRA dispute .

________________________________________ 3. Texas Law Violations Texas Finance Code, Chapter 392 A. 392.304 ( a ) ( 8 ) and ( a ) ( 19 ) Texas forbids any false, misleading, or deceptive representation in debt collection. 
Failing to notify the consumer before reporting a debt implies a verified, legitimate debt, which is deceptive. 
Case Law Supporting This : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Texas courts recognize deceptive representations about the existence or amount of a debt as actionable under 392.304.

B. 392.202 Texas law requires collectors to investigate disputed debts and cease collection until verification is complete. 
Failing to send a dunning letter deprives the consumer of that right, violating the sections spirit and purpose. 



Since Sunrise Credit Services XXXX has already committed multiple violations of Federal and State consumer protection laws, I am formally demanding immediate removal of your tradeline from my consumer report and monetary compensation for your unlawful conduct. 
Your actions constitute willful and negligent violations of the Fair Debt Collection Practices Act ( FDCPA ), the Fair Credit Reporting Act ( FCRA ), Regulation F, and the Texas Finance Code, Chapter 392. Each violation entitles me to compensation under the law as follows : FDCPA Violations ( 15 U.S.C. 1692k ) up to {$1000.00} per action, plus any actual damages, attorneys fees, and costs.

FCRA Violations ( 15 U.S.C. 1681n & 1681o ) up to {$1000.00} per willful violation or actual damages for negligent noncompliance, plus punitive damages where appropriate.

Texas Finance Code Violations ( 392.403 & 392.304 ) statutory damages of not less than {$100.00} for each violation, plus attorneys fees, court costs, and injunctive relief.

Texas Deceptive Trade Practices Act ( Tex. Bus. & Com. Code 17.50 ) treble ( triple ) damages for knowing or intentional misconduct. 
Considering the multiple independent statutory breaches along with failing to send me a validation notice, ( dunning ), illegally furnishing unverified information, using deceptive collection practices, and violating identity-theft protections, my damages are conservatively valued at no less than {$5000.00}, subject to increase if further violations are discovered. 
Sunrise Credit Services XXXX had absolutely no right to violate my Federal and State rights in the manner that you did. Whether through negligence or deliberate targeting, your companys conduct demonstrates a reckless disregard for the law and for the dignity of consumersparticularly those you presume to be uninformed or vulnerable because of age. I am well aware of my rights, and I will not tolerate unlawful collection practices. 
Remove your tradeline from my consumer report immediately, confirm deletion in writing within ten ( 10 ) days, and arrange full payment of the damages noted above to resolve this matter amicably. Failure to do so will leave me no choice but to pursue civil remedies through Federal and State courts and to report your conduct to the FTC, and Texas Attorney Generals Office for enforcement action. 

Sincerely, XXXX XXXX XXXX, XXXX All Rights Reserved Without Prejudice UCC 1-308 Void where prohibited by law

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation