Consumer complaint received 2024-11-07 00:00:00
Product: Debt collection — Rental debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: HW Holding, Inc
State: KS

Complaint narrative:
To Whom It May Concern : I am writing to formally file a complaint regarding the collection practices of Hunter Warfield , Inc., which I believe to be in violation of the Fair Credit Reporting Act ( FCRA ) and related protections under the State of Kansas 's Safe Harbor laws for XXXX XXXX XXXX  XXXX. Despite providing clear evidence that I am not liable for a debt currently listed under my name, Hunter Warfield has failed to properly investigate my dispute and has engaged in what I believe constitutes harassment, in breach of the protections afforded under the FCRA and other relevant laws. 

Background and Details of Complaint : Immediately upon finding this error on my credit report, I contacted Hunter Warfield to clarify that a debt they were attempting to collect does not belong to me. This debt, originally listed as {$2400.00} with a current balance of {$1800.00}, was erroneously attributed to me despite a legally binding " Roommate Release Agreement '' that releases me from any liability regarding this debt. This release agreement was signed by both me and the responsible party and approved by our property management company, under the protections available for XXXX XXXXXXXX survivors in Kansas. I complied fully with the Safe Harbor laws, which allow survivors of XXXX  XXXX to terminate or amend lease agreements without incurring financial penalties or liabilities related to a co-tenant. 

Violations of the FCRA : Despite my notification and provision of documentation to Hunter Warfield, the company has continued to report this debt under my name, a direct violation of the FCRA. Specifically : 1. Failure to Conduct a Reasonable Investigation : According to Section 611 ( a ) ( 1 ) ( A ) of the FCRA, when a consumer disputes a debt, the furnisher is required to conduct a reasonable investigation into the validity of the claim. Despite my providing a legally binding agreement releasing me from responsibility and a police report verifying my eligibility for Safe Harbor protections, Hunter Warfield has not fulfilled this obligation. Instead, they continue to list the debt under my name without any apparent effort to verify my documentation. 

2. Reporting Inaccurate Information : Under Section 623 of the FCRA, it is unlawful for a furnisher to provide information that it knows or has reasonable cause to believe is inaccurate. In this case, the property management company and the responsible party have both confirmed that I am not liable for this debt. By continuing to report this debt, Hunter Warfield is knowingly and recklessly damaging my credit profile and violating my rights under the FCRA. 

3. Harassment and Unauthorized Use of Contact Information : Hunter Warfield had no legitimate access to my contact information, which they obtained only after I reached out to clarify my non-liability. Since my initial call, Hunter Warfield has engaged in daily calls and collection efforts, which I believe constitutes harassment under the FCRAs guidance on fair collection practices. This conduct has caused me significant emotional distress and complications in securing a new rental property. 

Harm Caused by Hunter Warfield 's Negligence : Hunter Warfields actions have not only violated my rights but have also forced unwanted contact between myself and the responsible party, which is contrary to the intent of Safe Harbor laws designed to protect victims of XXXX  XXXX. As a result of Hunter Warfields inaccurate reporting and harassment, I am experiencing significant distress and difficulty in my efforts to find new housing. This matter has negatively impacted my credit report and has directly affected my ability to secure new housing. 

Request for Action : In light of the above, I am requesting that the Consumer Financial Protection Bureau ( CFPB ) take immediate action to : 1. Investigate Hunter Warfields handling of this debt collection and reporting process.

2. Require Hunter Warfield to remove the erroneous debt from my credit report.

3. Ensure that Hunter Warfield adopts corrective measures to prevent future instances of harassment, particularly in cases involving XXXX XXXX XXXXXXXX  XXXX. 

Thank you for your attention to this matter. I trust that the CFPB will take appropriate measures to protect my rights under the FCRA and the Safe Harbor provisions for XXXX XXXX  XXXX  XXXX.

Company response to consumer: Closed with explanation