|
11545548
|
2025-01-15
|
Took or threatened to take negative or legal action
|
Debt collection
|
|
| Issue |
Took or threatened to take negative or legal action
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Sued you without properly notifying you of lawsuit
|
| Sub Product |
Credit card debt
|
| Date Received |
2025-01-15
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2025-01-15
|
|
|
11674298
|
2025-01-17
|
Written notification about debt
|
Debt collection
|
|
| Issue |
Written notification about debt
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Didn't receive enough information to verify debt
|
| Sub Product |
Credit card debt
|
| Date Received |
2025-01-17
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2025-01-17
|
|
|
11151053
|
2024-12-13
|
Improper use of your report
|
Credit reporting or other personal consumer reports
|
|
| Tags |
Older American
|
| Issue |
Improper use of your report
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Credit reporting or other personal consumer reports
|
| Sub Issue |
Reporting company used your report improperly
|
| Sub Product |
Credit reporting
|
| Date Received |
2024-12-13
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-12-13
|
|
|
7708856
|
2023-10-18
|
Attempts to collect debt not owed
|
Debt collection
|
|
| Tags |
Older American
|
| Issue |
Attempts to collect debt not owed
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Debt was paid
|
| Sub Product |
Credit card debt
|
| Date Received |
2023-10-18
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2023-10-18
|
| Complaint What Happened |
I XXXX XXXX received a collection letter recently dated XX/XX/2023 from a law firm known as RAS LaVrar , LLC. The account was a XXXX account that was settled years ago when XXXX either transferred to account to a debt buyer known as XXXX XXXX XXXX, or I negotiated the original debt with XXXX directly. It was over 10 years ago. So when I received this collection I called RAS LaVrar , LLC. A person claiming that he was a non-attorney negotiator trying to collect a debt. Let me be very clear, the account is years past any legal collection timeline, and I paid the debt years ago. I have no idea how RAS LaVrar LLC, a law firm with a XXXX, Florida address could have received my personal information. The agent claimed that XXXX sent my information to RAS LaVrar. Highly doubtful.
RAS LaVrar pulled by credit report in XX/XX/2023 from XXXX. My personal privacy being violated, I believe RAS LaVrar is fishing for old debts to fool a percentage of the American public to ascertain a payment arrangement that is 100 % illegal. I did lose my cool talking to a person who is obviously trained to muscle people into debts that are long out of the legal guidelines. The CFPB needs to pull a full audit of the collection practices of RAS LaVrar. I am going to file suit in federal court for damages. My privacy has been violated and I'm certain that this law firm is breaking multiple laws both on a state or federal level.
Damages must be paid for this serious violation.
XXXX XXXX
|
| Consumer Consent Provided |
Consent provided
|
|
|
6930718
|
2023-05-04
|
Attempts to collect debt not owed
|
Debt collection
|
|
| Tags |
Older American
|
| Issue |
Attempts to collect debt not owed
|
| Timely |
No
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Debt is not yours
|
| Sub Product |
Credit card debt
|
| Date Received |
2023-05-04
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2023-05-04
|
| Complaint What Happened |
This is part 2 of 2 of a continuation of a Complaint against Debt Collector RAS LaVrar , LLC.
The CFPB and others recommend the Stop Contact or Cease Letter strategy to stop collection harassment by writing the collector a stop contact letter, also called a cease letter. Then the collector can only acknowledge the letter and notify the consumer about legal steps the collector may take. This protection usually only applies to collection agencies hired by the creditor or debt buyers that purchased debts from the creditor, but even creditors collecting their own debts must honor such requests as basic agency law requires creditors to be responsible for actions of the bill collector agents. Again, as stated above purposely several times to make the point absolutely clear, please stop contact and cease further communication of any kind whatsoever.
I have also stated several times what advocates call the Exempt Income Letter to avoid fruitless expenses. If a consumers only sources of income are state or federal government benefits, their income may most likely be exempt or protected from collection. If the collector is informed that government benefits are the consumers only source of income, the collector may voluntarily stop contacting them about the alleged debt. Collectors can be informed that all of the consumers income is exempt which I have done to avoid an unreasonable multiplicity of proceedings having no purpose. Again, All of my limited income is from EXEMPT sources!
Again, you should consider this a Dispute Letter as I DISPUTE the entire purported claim. If the consumer believes the debt is not theirs, that the amount is incorrect, or that there is some other error, the consumer or their attorney should send the collector a dispute letter. Collectors make a lot of mistakes and disputing the debt may help resolve the matter.
Federal law requires debt collectors to provide validation information about the alleged debt and consumers rights to dispute the debt. Collectors will be able to provide this information in writing.
It is recommended that if a debt collector claims to have sent a notice previously but the consumer never received it, ask for another copy. Keep a copy of any letters that are sent. It is best to send the letter by mail, return receipt requested. A CFPB complaint is the best method to document a DISPUTE and Debt Validation as it not only proves delivery to the Debt Collector but it requires the Debt Collector to respond promptly. Debt Validation letters and Disputes can also be sent electronically using any type of electronic communication that the debt collector uses to accept consumer communications. If the collection agency accepts emails from consumers, the dispute letter can be sent via email. To insure this letter is not lost, delayed in the mail or mishandled by the Debt Collector, I am also sending this letter with any attachments via the CFPB Complaint Portal and website to assure receipt and guarantee a timely response.
Advocates such as the CFPB state that a dispute letter may be combined with a request for more information in a Verification Letter.
Often it is not even clear what debt a collector is contacting the consumer about, and in that case, the consumer should not pay the collector until more information is obtained. Federal law requires debt collectors to provide validation information about the alleged debt. However, the consumer may still have more questions about the alleged debt. My letter demands documentation which is indispensable in determining the amount and validity of the purported claim.
The FCRA requires every CRA and Furnishers to maintain reasonable procedures in their operations to assure maximum possible completeness and accuracy of data in the credit reports they report and publish. Credit reporting laws ensure that bureaus report only 100 % accurate credit information. The CFPB has repeatedly criticized the dispute process involving Furnishers and CRAs. CRAs routinely fail to forward complete written disputes to Furnishers and routinely PARROT non existent investigations and certifications from Furnishers and fail to delete and prevent known Facially False Data in violation the recent directives of XXXX XXXX, CFPB Director. To enforce the FCRA, I have filed multiple direct and indirect CRA/Furnisher written disputes including about 100 CFPB complaints yet virtually no dispute is listed on my credit reports as Disputed as required in willful violations of the FCRA and XXXX XXXX protocols. To the extent that your purported debt has been directly or indirectly included in any of my written disputes, in accordance with The Fair Credit Reporting Act, Public law 91-506, Title VI, Section 611, Subsection A-D, please provide ( in addition to all facts regarding investigation records ) the names and business addresses of each individual with whom you client verified the purported debt reporting above, so that I may follow up. Every step must be taken to assure the information reported is completely accurate and correct. Furthermore, each of my credit reports for each account contain different and conflicting data on my paper credit reports and data required from Furnishers is either negligently or purposely missing, impossible, incorrect or conflicting and more importantly, Data submitted through XXXX XXXX is not contained on my paper credit reports resulting unknowingly to be of current accounts being falsely reported as 60 days late with credit scores being up to XXXX points lower than expected. XXXX XXXX compliance is out of control. For your purported debt, if it has been reported to a CRA, I need the actual XXXX XXXX submissions ( translated into English ) for the last 3 years including every monthly and required interim submissions. If I have ever disputed an account with any creditor, I expect every credit report to continually contain the required and mandatory notice that it is DISPUTED which is not happening constituting willful FCRA violations. Any further violations of federal statutes will incur liability for actual, statutory, and punitive damages plus attorney fees and costs.
15 USC 1681s-2 : Responsibilities of furnishers of information to consumer reporting agencies Text contains those laws in effect on April 28, 2023 1681s2. Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.
( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if- ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.
I insist on 100 % compliance with all FCRA and all statutes and knowingly reporting inaccurate information after notice shall constitute willful and negligent violations of the FCRA, subjecting violators to statutory damages of {$1000.00} per incident plus huge punitive damages for repeated known repeated violations. Any current or future debt collector or debt buyer is obligated to investigate and ascertain the extent of and existence of actual or potential FCRA violations before furnishing data to any CRA.
To insure compliance with the FCRA and other statutes, your written response must include the purported exact month-day-year for the Date of First Delinquency and the exact day-month-year that the disputed claim would be required to be deleted from every CRA account under the 7 year statute of limitations for credit reporting assuming no payments are made in the future.
There is a Duty to Provide Notice of Delinquency of Accounts. In order for there to be a uniform date by which all consumer reporting agencies would compute the seven-year reporting period for adverse items of information, Congress included section 623 ( a ) ( 5 ) with the intent that the seven-year reporting period begin with the commencement of the delinquency rather than any other date. That section of the FCRA states that " a person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall. .. notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action. My credit reports for every CRA and for most accounts fails to report the mandatory date of First Delinquency in violation of law.
Virtually every account on each of my credit reports fails to list my account as DISPUTED pursuant to the clear statute requirements. Failing to list a disputed debt as disputed on every CRA is purposely done by Furnishers for a sinister purpose to harm consumers as much as possible to lower credit scores. Once you dispute a debt to a credit reporting agency, they must report that debt as disputed on your credit file and in your credit reports. Also, if you dispute a debt to one of the three major credit reporting agencies ( XXXX, XXXX, or XXXX ), that particular agency must notify the other two bureaus that you dispute the debt. Failing to list the account as disputed, after a valid dispute has been sent to the credit reporting agency, is a violation of the FCRA. Not only are none of my valid disputes listed as disputed on my credit reports, but once a CRA lists my account as Disputed, virtually the next day the Furnisher will erroneously, purposelessly, maliciously, abusively, willfully, deliberately, intentionally and frivolously remove and delete the Disputed required entry using XXXX XXXX mid-cycle unauthorized and prohibited entries in violation of the Facially False Data prevention requirements recently explained in detail by CFPB Director XXXX XXXX. Not only is the entire XXXX XXXX system unworkable but employees are not adequately trained to insure accurate data coding. Willful failures to report accounts as Disputed and closed carry statutory damages of {$1000.00} plus punitive damages for each violation for every time the required entry was changed or deleted. I insist on 100 % compliance with the FCRA and other statutes mandating deletion if all disputed entries permanently.
A common FCRA violation is when a creditor posts late payments after the debt has charged off a past due balance. I will Document this violation by highlighting the accounts on every CRA and by filing a direct and indirect dispute with the Furnisher and every CRA. Care should be taken by the disputed purported debt collector to avoid violating any statutes, if it is stupid enough to report my data to any CRA.
The United States Supreme Court has held that willful violations of the FCRA include violations committed in reckless disregard of a company 's obligations under FCRA. Safeco Ins. Co., 127 S.Ct. at 2208-10. This standard of willfulness is now the law of the land.
In 526 F.3d 142 ( 2008 ) SAUNDERS V. BRANCH BANKING AND TRUST COMPANY OF VIRGINIA and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX the United States Court of Appeals XXXX Fourth Circuit wrote : On XX/XX/XXXX, XXXX brought this suit, alleging that XXXX XXXX XXXX violated its duties as a furnisher of information under FCRA , 15 U.S.C.A. 1681s-2 ( b ) ( 1 ), by failing to report the dispute. At the conclusion of the trial, the court instructed the jury on XXXX XXXX XXXX 's statutory duties as a furnisher of information. The trial court also instructed the jury that it could find XXXXXXXX XXXX XXXX had violated FCRA by failing to report the ongoing dispute After deliberation, the jury returned a verdict finding that XXXXXXXX XXXX XXXX had intentionally violated its duties under FCRA. The jury awarded XXXX no compensatory damages but did award the maximum possible statutory damages of {$1000.00} and punitive damages of {$80000.00}. WOW!!! This means that the failure of a Furnisher to report a DISPUTE on a consumers credit report could result in statutory damages of {$1000.00} plus punitive damages of {$80000.00}. Failure to list my account as dispute, in violation of law, will not help collection efforts and only result in huge damages to ensure and enforce compliance. While many attorneys recommend filing lawsuits right away for obvious FCRA and FDCPA violations, I prefer to give violators repeated notices as I prefer to get {$80000.00} instead of {$1000.00} when a violator is stupid.
I have a right to Privacy. Due to extensive and widespread malicious Willful violations of the FCRA, to protect my right to privacy, I hereby immediately OPT OUT and permanently revoke any right to report data on any of my credit reports as otherwise permitted and set forth in section 313.15 - Other exceptions to notice and opt out requirements- ( 5 ) ( i ) To a consumer reporting agency in accordance with the Fair Credit Reporting Act ( 15 U.S.C. 1682 et seq. or ( ii ) From a consumer report reported by a consumer reporting agency. The exceptions can apply if and only if every Furnisher and every CRA comply with ALL of their obligations under the FCRA. Once known violations of the FCRA have been disputed with Furnishers and every CRA multiple times without correction or deletion as required, the rights to report is deemed automatically revoked and an affected consumer may unilaterally OPT OUT entirely of credit reporting in the interest of justice. Consumer rights to OPT OUT from credit reporting to prevent inaccurate reporting TRUMP the rights of disputed creditors to flagrantly abuse the FCRA with impunity. The CFPB recently filed an amicus brief, arguing that furnishers are statutorily obligated to investigate both legal and factual questions raised in consumer disputes. The CFPB 's brief acknowledges that several federal courts have distinguished between " factual '' and " legal '' questions in determining the obligation of CRAs to investigate disputes under 15 U.S.C. 1681i. I need a complex analysis of the factual and legal issues and documentation requested herein rather than a worthless bare unsupported denial or statement.
Every Furnisher and CRA has failed to comply with any of their obligations as set forth in the below statute which is simple to understand.
623. Responsibilities of furnishers of information to consumer reporting agencies [ 15 U.S.C. 1681s-2 ] ( a ) Duty of furnishers of information to provide accurate information.
( 1 ) Prohibition.
* Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.
* Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.
( C ) No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to speciry such an address ( 2 ) Duty to correct and update information. A person who * regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person 's transactions or experiences with any consumer : and * has furnished to a consumer reporting agency information that the person determines is not complete or accurate shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information. that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.
1. Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.
2. Duty to provide notice of closed accounts. A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed.
3. Duty to provide notice of delinquency of accounts. A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action.
( b ) Duties of furnishers of information upon notice of dispute.
( 1 ) In general. After receiving notice pursuant to section 611 ( a ) ( 2 ) [ 1681i ] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall * conduct an investigation with respect to the disputed information; * review all relevant information provided by the consumer reporting agency pursuant to section 611 ( a ) ( 2 ) [ 168li ] ; * report the results of the investigation to the consumer reporting agency ; and * if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished Simply stated, Furnishers and every CRA willfully and negligently failed to fulfill their mandatory obligations. States and federal authorities seem to attempt to license every possible type of employee, even dog sitters and dog catchers! If a doctor and lawyer needs to be licensed, then it is more important that a XXXX XXXX compliance expert is more important to be licensed to protect the privacy rights of consumers. Send employees back to XXXX XXXX school and refrain from permitting new untrained employees to inaccurately code data entries on consumer credit reports. Some system needs to be in place with comprehensive internal controls to protect consumers from BOTS, PARROTS, and XXXX 2 digit codes summarizing complaints without reading and forwarding disputes to Furnishers and other CRAs. We do not need untrained high school students doing the job required by certified EXPERTS. Simple Facially False Data is unable to be detected and corrected after repeated disputes where a Furnisher admits inaccuracies. The entire credit reporting system is a disgrace and the CFPB needs to punish individual violators. I demand complete 100 % compliance with all statutes, federal and state, as a precondition for receiving payment if any kind. CRAs created an unworkable monster with the creation of XXXX XXXX and statutory and punitive damages are the sole remedy to provide consumers with rights required by statutes. We need XXXX XXXX XXXX to continue to partner with CFPB Director XXXX XXXX, to lay down the hammer on violators and individual Officers who continue to XXXX over consumers as part of their DNA.
Wouldnt you agree that deliberate violations of the FCRA which unjustly reduces a credit score by XXXX points is wrong? How would you like it if your Mom and Dad were wrongly affected by life changing FCRA willful violations? How would you like it if your employer fired you, your spouse or your adult children for repeated willful violations of federal statutes? How would you like it if the CFPB banned you for life from participating in the business you have worked in for 20 years? How would you like it if all of your assets and sources of income were frozen and taken away?
Have a heart and dont take your job so seriously that you will work for peanuts to damage innocent disabled senior citizens who only seek to live the final few years of their life in peace without elder abuse!
|
| Consumer Consent Provided |
Consent provided
|
|
|
10871548
|
2024-11-20
|
False statements or representation
|
Debt collection
|
|
| Issue |
False statements or representation
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Attempted to collect wrong amount
|
| Sub Product |
Credit card debt
|
| Date Received |
2024-11-20
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-11-20
|
| Complaint What Happened |
A settlement was reached and agreed to take payments over time to pay off agreed upon total. After 9 payments the company stopped processing my payments. I tried to reach out to company and no response. Later I am not being told I defaulted on account and have to pay full amount.
|
| Consumer Consent Provided |
Consent provided
|
|
|
3271369
|
2019-06-11
|
Written notification about debt
|
Debt collection
|
|
| Issue |
Written notification about debt
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Notification didn't disclose it was an attempt to collect a debt
|
| Sub Product |
Credit card debt
|
| Date Received |
2019-06-11
|
| Submitted Via |
Phone
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2019-06-14
|
| Consumer Consent Provided |
N/A
|
|
|
3515490
|
2020-01-30
|
Took or threatened to take negative or legal action
|
Debt collection
|
|
| Issue |
Took or threatened to take negative or legal action
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Sued you without properly notifying you of lawsuit
|
| Sub Product |
I do not know
|
| Date Received |
2020-01-30
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2020-01-30
|
| Complaint What Happened |
On XX/XX/XXXX I received a mailer from local attorney 's advising me that a suit had been filed against me in XXXX XXXX County by XXXX XXXX. After searching the county database I found the court record that on XX/XX/XXXX RAS LaVrar Law Firm had filed suit on behalf of XXXX XXXX ( complaint not available for view ).
I have not received proper notice prior to the suit to request a validation of the debt. I believe the suit is meant to be an INTIMIDATION tactic and is an EXAMPLE of a PATTERN of ABUSE of the legal system practiced by this collection agency. I am unaware of any debt owed to XXXX XXXX - I am unaware of any certified correspondence sent to my home or business validating the debt.
CASE NUMBER : XXXX CASE STYLE : XXXX XXXX XXXX, XXXX. XXXX XXXX, XXXX After speaking with on XX/XX/XXXX they stated that they did not show a lawsuit in their system. They claim a validation letter had been sent about the debt.
This pattern of abuse of the legal system should be considered a violation of the FDCPA Sec. 808 ( unfair practices ). This firm has a long history of misrepresenting balances, validation and filed complaints by consumers.
This agency needs to be sanctioned and fined if NOT sued by a class action.
|
| Consumer Consent Provided |
Consent provided
|
|
|
2959310
|
2018-07-10
|
False statements or representation
|
Debt collection
|
|
| Tags |
Older American
|
| Issue |
False statements or representation
|
| Timely |
No
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Attempted to collect wrong amount
|
| Sub Product |
Credit card debt
|
| Date Received |
2018-07-10
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2018-07-10
|
| Complaint What Happened |
Complaint filed on-line with CFPB XX/XX/XXXX I would appreciate if you can expedite this complaint because the company has filed suit against me in court.
This complaint is against RAS Lavar LLC, XXXX XXXX XXXX XXXX , XXXX XXXX, XXXX FL XXXX, Phone XXXX.
After falling behind in payments on my XXXX XXXX store credit card, my account was transferred to XXXX XXXX XXXX XXXX, a self-described " debt collector, '' for collection. See XXXX XXXX PA letter, dated XX/XX/XXXX ( Atch 1 ).
I made monthly payments to XXXX from XX/XX/XXXX through XX/XX/XXXX, then I received a letter from RAS LaVrar , LLC, stating that my account had been transferred to that office. The RAS letter stated it was from a " debt collector '' ( Atch 2 ).
I was concerned about statements in the RAS letter, including consideration of my past payments, and responded by letter dated XX/XX/XXXX ( Atch 3 ), expressing my concerns. Receiving no response, I followed up with letter dated XX/XX/XXXX ( Atch 4 ), sent by certified mail, asking for status on their response to my XX/XX/XXXX letter.
I received a letter from RAS datedXX/XX/XXXX ( Atch 5 ), acknowledging my dispute but it did not respond to my concerns expressed in my XX/XX/XXXX letter, including documents to verify the amount RAS said I owed. As " verification '' of the amount due on my account, in their letter of XX/XX/XXXX, RAS sent copies of old XXXX XXXX bills from XX/XX/XXXX through XX/XX/XXXX, but no documentation of the payments ( Atch 6 - sampling of prior payments ) I had made to the previous debt collector, which I specifically requested in my XX/XX/XXXX letter. This response was a clear signal that RAS was not giving me credit for my payments to the previous debt collector.
On XX/XX/XXXX, I sent another letter asking for response to my XX/XX/XXXX letter ( Atch 7 ). RAS responded by letter dated XX/XX/XXXX ( Atch 8 ), again ignoring my concerns addressed in my XX/XX/XXXX letter, but simply reiterating their claim that the old XXXX XXXX bills was verification of the debt ; still not recognizing the payments I had made to the previous collector.
Immediately thereafter, on XX/XX/XXXX, a process server delivered a fraudulent suit against me that RAS had filed XX/XX/XXXX, with no prior warning ( Atch 9 ). Attached to the filing were the same old XXXX XXXX bills, but no reference to the payments I made to the previous collector.
Provisions of the Fair Debt Collection Practices Act ( FDCPA ) that I believe RAS violated : I -- 806. Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.
I believe RAS filing the suit against me when I am clearing questioning the verification of the amount owed is harassment and abuse.
II -- 807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.
- - - ( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt ; I believe RAS 's repeated claims that the old bills verify the amount they say I owe is intentional misrepresentation of the current debt.
III - ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt See comment under ( 2 ) ( A ) above for rationale.
IV -- 808. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt.
Filing a suit against me for this debt while I am actively trying to resolve issues, including the amount remaining on the debt, is unfair, unconscionable and violation of letter and intent of the Fair Debt Collection Practices Act.
V -- 809. Validation of debts ( a ) Notice of debt ; contents - - - ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such provide the consumer with the name and address of the original creditor, if different from the current creditor.
( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor.
The details in my complaint and attachments demonstrate how RAS violated this provision.
|
| Consumer Consent Provided |
Consent provided
|
|
|
2918494
|
2018-05-26
|
False statements or representation
|
Debt collection
|
|
| Issue |
False statements or representation
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Told you not to respond to a lawsuit they filed against you
|
| Sub Product |
Credit card debt
|
| Date Received |
2018-05-26
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2018-05-26
|
| Consumer Consent Provided |
Consent not provided
|
|
|
2829169
|
2018-02-28
|
Communication tactics
|
Debt collection
|
|
| Tags |
Older American
|
| Issue |
Communication tactics
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Used obscene, profane, or other abusive language
|
| Sub Product |
Other debt
|
| Date Received |
2018-02-28
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2018-02-28
|
| Complaint What Happened |
I met with the attorney at a hearing in XXXX county court, She was very helpful and suggested that I contact her firm to arrange a payment plan on a debt that I owe XXXX, I called RAS Lavrar , LLc XXXX XXXX and spoke to XXXX and after answering all the questions multiple times and not getting any results I asked to speak to a super viser, Had to wait in line for a while, ,Finally XXXX XXXX got on the line and asked me the same questions, I told her that I had all ready gave that information to XXXX, but she insisted and said that if I wanted to speak to her I had to answer all the same questions, Again I felt that this is a tactic they use to intimidate you, Now that I had answer the same repeated questions she hung up on me, She call me on my cellular phone just to check if my phone number was ok, She said that we lost connection ( Liar ) and she started to asked me the same questions once again,, i told her that it wa unprofessional to deal with them and I was going to file a complaint, C'mon this people should not be in business pretending that they are going to help you instead they play with your mind, your time, your integrity, " `To a point that you know that they are not going to help you whats so ever " " " " " " " " " SHAME ON RAS LAVVAR LLC XXXX XXXX, XXXX XXXX XXXX XXXX XXXXXXXX, FL XXXX XXXX XXXX XXXX XXXX Shame on XXXX and XXXX Sincerely a very disappointed client of XXXXt
|
| Consumer Consent Provided |
Consent provided
|
|
|
10566151
|
2024-10-24
|
Took or threatened to take negative or legal action
|
Debt collection
|
|
| Issue |
Took or threatened to take negative or legal action
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Threatened to sue you for very old debt
|
| Sub Product |
Credit card debt
|
| Date Received |
2024-10-24
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-10-24
|
| Complaint What Happened |
Date : XXXX XXXX Name : XXXX XXXX Creditor Name : XXXX XXXX XXXX Creditor Address : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX RE : Account # XXXX To Whom It May Concern : Be advised this is not a refusal to pay, but a notice that your claim is disputed and validation is requested. Under the Fair Debt collection Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt.
This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
At this time I will also inform you that if your offices have or continue to report invalidated information to any of the three major credit bureaus ( XXXX, XXXX, XXXX XXXX ), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Debt Collection Practices Act and Defamation of Character.
I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies.
If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit under code 15 U.S.C 1681N ( a ).
This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
It would be advisable that you and your client assure that your records are in order before I am forced to take legal action.
CREDITOR/DEBT COLLECTOR DECLARATION Please provide the following : Agreement with your client that grants you the authority to collect on this alleged debt.
Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor.
Any insurance claims been made by any creditor regarding this account.
Any Judgments obtained by any creditor regarding this account.
Name and address of alleged creditor.
Name on file of alleged debtor.
Alleged account number.
Address on file for alleged debtor.
Amount of alleged debt.
Date this alleged debt became payable.
Date of original charge off or delinquency.
Verification that this debt was assigned or sold to collector.
Complete accounting of alleged debt.
Commission for debt collector if collection efforts are successful Provide a COLOR copy of Drivers License Please provide the name and address of the bonding agent for RAS LaVrar LLC in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back.
Best Regards XXXX XXXX
|
| Consumer Consent Provided |
Consent provided
|
|
|
3300185
|
2019-07-09
|
Attempts to collect debt not owed
|
Debt collection
|
|
| Issue |
Attempts to collect debt not owed
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Debt was paid
|
| Sub Product |
Other debt
|
| Date Received |
2019-07-09
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2019-07-11
|
| Complaint What Happened |
CASE XXXX XXXX SOUTH DAKOTA XXXX, XXXX JUDGEMENT XX/XX/2009 -- - PAID VIA WAGE GARNISHMENT IN XXXX THROUGH XX/XX/2009 see attachment SATISFACTION FILED DEBT was PAID in full and fully released from debt XXXX GARNISHMENT ISSUED DIRECTLY TO XXXX XXXX XXXX NO NOTIFICATION SUBMITTED TO MYSELF PAID IN FULL SEE ATTACHMENTS
|
| Consumer Consent Provided |
Consent provided
|
|
|
8343717
|
2024-02-14
|
Attempts to collect debt not owed
|
Debt collection
|
|
| Issue |
Attempts to collect debt not owed
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Debt was paid
|
| Sub Product |
Credit card debt
|
| Date Received |
2024-02-14
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-02-14
|
| Complaint What Happened |
Hi, this complaint is for harassment, today on XX/XX/2024, I was informed a process server was asking questions about who live at my address. Ras Lavrar LLC and it's attorneys ' XXXX XXXX, XXXX XXXX. XXXX and XXXX XXXX, XXXX XXXX. XXXX is harassing me at this point for a debt that was paid since XX/XX/2024. Please see my payment confirmation from their website.
They continue to be unprofessional and unethical. This debt is paid already with them using unfair tactics and now they want to harrass me.
|
| Consumer Consent Provided |
Consent provided
|
|
|
2674782
|
2017-09-15
|
Attempts to collect debt not owed
|
Debt collection
|
|
| Tags |
Older American, Servicemember
|
| Issue |
Attempts to collect debt not owed
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Debt is not yours
|
| Sub Product |
Credit card debt
|
| Date Received |
2017-09-15
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2017-09-15
|
| Complaint What Happened |
InXX/XX/XXXX I received a dunning claim from XXXX, PA, XXXX XXXX XXXX XXXX, XXXX Florida XXXX on an account and debt that were not mine. I responded in writing denying both the account they referenced and that any debt was due from me. Today, XX/XX/XXXX, I have received the identical dunning claim from RAS LaVrar , LLC, XXXX XXXX XXXX XXXX, XXXX Florida XXXX with the assertion they had " purchased the assets of XXXX XXXX XXXX ''. This seems an obvious, bogus corporate left hand-right hand game with an attempt to collect debts that they know are not legitimate. They need to be put out of business.
|
| Consumer Consent Provided |
Consent provided
|
|
|
8347587
|
2024-02-14
|
Took or threatened to take negative or legal action
|
Debt collection
|
|
| Issue |
Took or threatened to take negative or legal action
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Sued you without properly notifying you of lawsuit
|
| Sub Product |
Credit card debt
|
| Date Received |
2024-02-14
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-02-14
|
| Complaint What Happened |
Ras Lavrar , LLC filed a lawsuit against me on behalf of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX They did not inform me that they had this debt in their hands and went straight to filing a lawsuit. On top of that, I found out about the lawsuit through other attorneys sending me advertisements mail asking me if I needed help for a lawsuit filed against me. I took this seriously because I received so many of them, and checked the XXXX XXXX system and saw that there was a lawsuit. I called XXXX directly and that is when they informed me of this and this was with Ras Lavrar , LLC. The attorneys XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX are the ones responsible for this. I did not get the opportunity to validate the debt and had to confirm with XXXX XXXX directly after a lawsuit was filed. They also did not try to resolve this with me but instead used the legal system to intimidate me. In addition, to not notify me of what was happening in the hopes they could get an unjust default to win their case against me by me not knowing about the lawsuit. I researched and saw they have a history of just filing lawsuits against people.
|
| Consumer Consent Provided |
Consent provided
|
|
|
8331700
|
2024-02-12
|
Threatened to contact someone or share information improperly
|
Debt collection
|
|
| Issue |
Threatened to contact someone or share information improperly
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Talked to a third-party about your debt
|
| Sub Product |
Credit card debt
|
| Date Received |
2024-02-12
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-02-12
|
| Complaint What Happened |
Several FDCPA violations have occurred between this company and their assignee over the last 3 months : 1. Consent and permission was never given to contact and communicate with any third party regarding this debt and XXXX XXXX XXXX XXXX XXXX & RAS Lavrar , LLC violated this by making contact and discussing this matter with family members.
2. A debt collector must provide a written notice within five days after its initial communication ( or in the initial communication ) including : a ) the amount of the debt, b ) the name of the creditor to whom the debt is owed, c ) a statement that unless you, within 30 days after receipt of the notice, dispute the validity of the debt, or any portion thereof, the debt collector will assume the debt is valid- the date on the notice was XX/XX/XXXX, both companies received a dispute on XXXX and XXXX via signature confirmation and certified mail respectively.
d ) a statement that if you notify the debt collector in writing within the 30-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against you and a copy of such verification or judgment will be mailed to you - despite the dispute being received by both companies on XXXX and XXXX, there was never any response provided and or mailed.
e ) and a statement that, upon your written request within the 30-day period, the debt collector will provide you with the name and address of the original creditor, if different from the current creditor.
3. If you make a request in writing, the collection agency must stop communicating with you, other than to let you know that its ending communication, or it may ( or will ) sue you or use another legal remedy to collect the debt. XXXX RAS Lavrar , LLC never responded to the request and additionally without prior warning in their initial communication and subsequently, filed suit on XX/XX/XXXX.
4. In doing this, they have falsely represented the character, amount, or legal status of a disputed debt which considered harassing conduct under the FDCPA.
5. Lastly, in more harassing conduct, they are still attempting to collecting fees or charges the collector is not entitled to collect under the agreement creating the disputed debt. In their suit complaint, RAS Lavrar , LLC has included numerous fees, court costs and interest yet contradictorily provided a statement clearly detailing the terms of the payment agreement due on XX/XX/XXXX that was broken by XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX. Additionally, on XX/XX/XXXX, RAS Lavrar , LLC further acknowledges the validity of this agreement in their response to a prior CFPB complaint stating that they " have forwarding your concerns to our client as we believe XXXX will be better suited to handle this matter ''. Despite this, as of today XX/XX/XXXX, their suit remains open.
|
| Consumer Consent Provided |
Consent provided
|
|
|
6926616
|
2023-05-03
|
Attempts to collect debt not owed
|
Debt collection
|
|
| Tags |
Older American
|
| Issue |
Attempts to collect debt not owed
|
| Timely |
No
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Debt is not yours
|
| Sub Product |
Credit card debt
|
| Date Received |
2023-05-03
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2023-05-03
|
| Complaint What Happened |
Debt collector obligations
809. Validation of debts
XXXX XXXX XXXX XXXX XXXX XXXX XXXX Florida. XXXXXX/XX/2023
RAS LaVrar, LLC
XX/XX/FL XXXX
Your Reference XXXX XXXX
Dear Debt Collector:
Here's the relevant section of the FDCPA, 15 U.S.C. 1692g, on debt validation, for your response, prohibitions and obligations:
809. Validation of debts
(a) Notice of debt; contents
Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) Disputed debts
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer's right to dispute the debt or request the name and address of the original creditor.
(c) Admission of liability
The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
I am responding to your attached letter(s) about a purported debt as set forth in your attached letter(s). I request that you mail me a written Validation of Debt which must include all of the proof and documents described at length below. I vigorously DISPUTE the purported debt in its entirety. This is NOT my Debt and I DISPUTE it. I want you to send me by XXXX mail the name and address of the original creditor and any successors in interest or transferees, if any. I do not have any responsibility for the purported debt youre referencing and trying to collect. So I DISPUTE it. This is not my purported collectible debt. Again, I want to make it absolutely clear by repetition that I DISPUTE it in its entirety so that you can clearly red flag and mark your files as DISPUTED to avoid Willful FDCPA violations. If you have good reason to believe that I am responsible for this DISPUTED purported debt, mail me by XXXX every document in your and your clients entire file, including but not limited to every direct and indirect written dispute with the CFPB, CRAs or otherwise including those documents that make you believe that the purported debt is valid, enforceable and collectible. Immediately STOP, DESIST and CEASE all other and further communication with me and with this address, (except to respond one time in writing by XXXX mail to my request for every piece of proof of the purported debt that would be presented to an ARBITRATOR or in a federal motion for summary judgment with incorporated memorandum of law) and record that I vigorously DISPUTE having any obligation for this purported debt. The XXXX, email, text messaging, social media or other unsecured communication means cannot be trusted to safely and securely deliver mail and communications or to prevent receipt by unauthorized individuals, at other addresses, by accident, scammers, fraudsters or negligence. To wit, much of my XXXX mail is delivered opened and tampered with and read by others many times as, for example, the name and address window is not visible due to mailing incompetence. Similarly, the XXXX tracking service for certified mail is unreliable and cannot be trusted. I am requesting no further communication of any kind whatsoever to therefore prevent mail or communications to be received at other addresses due to sender issues, hackers, scammers, and XXXX errors and negligence. Likewise, kindly immediately STOP all further unwanted direct and indirect text messages, emails, phone calls, voice messages, or any other social media or other communication with me regarding your attempts to collect the purported DISPUTED debt. I have made about 100 CFPB complaints regarding FCRA and other violations and I suspect that the recent XXXX XXXX CFPB DATA BREACH affecting at least 256,000 consumers has almost certainly affected me so I must be overly careful to guard against scammers to limit erroneous release of my private data and communications. For this and other obvious reasons, I need you to STOP further communications and I obviously need the requested documentation proof regarding any claims as any claims are suspect absent complete documentation. Notice is Given that I forever object to the voice recordings of any kind and I therefore do not consent for anyone to record calls with me without my prior written consent which I will never authorize. Once a debt collector receives this letter requesting that they immediately STOP contacting me in any way, theyre not allowed to communicate with me again except to tell me there will be no further contact, provide me with documents requested, or advise me of specific planned legal actions within 20 days that may legally be allowed, such as filing an Arbitration action against me as a lawsuit is not permissible and cannot be threatened under the FDCPA if an Arbitration Agreement exists. So please dont threaten me with any barred court litigation which would violate any Arbitration Agreement as I will consider it a violation of state and federal statutes. If you stop your collection of this purported debt, and forward or return it to another company, please indicate to them that it is DISPUTED in its entirety by forwarding all past documents in the file and communications including this letter. If you report it to a credit bureau (or have already done so), also report that the debt is DISPUTED as required by FCRA, FDCPA and the 350+ page Metro 2 Compliance protocols. I insist on compliance with every applicable state and federal statutes, including but not limited to the FCRA and FDCPA. Any willful past, current or future violations of credit reporting and collection procedures shall incur maximum statutory and punitive damages plus attorneys fees and costs against violators, personally or otherwise. I have reviewed my entire credit reports of XXXX XXXX dated XX/XX/2023 and XXXX datedXX/XX/2023 and the account number referenced in your letter is not included in my credit reports, possibly due to reckless negligence in data reporting under the Metro 2 compliance protocols contained in its 355+ page manual. Accurate account number reporting of accounts is required under Metro 2 to prevent purported accounts from being inaccurately reported twice (or more) instead of once otherwise additional willful FCRA violations and statutory damages shall accrue. Since my XXXX and XXXX credit reports do not contain your referenced account number, I must consider that it involves identity theft for which your obligations must be followed exactly as required. I have never received any Notice from anyone stating that you are a bona fide authorized agent for Debt collection purposes. So consider this letter a formal Notice that I DISPUTE the purported debt due to IDENTITY THEFT. Moreover, I need to know your opinion and representation as to whether the documents which I need and request will include an ARBITRATION clause which would require disputes to be resolved through ARBITRATION rather than a United States District Court individual or class action lawsuit. While I believe credit card accounts with your purported client may contain MANDATORY ARBITRATION clauses, I cannot be sure without all the purported agreement documents and a binding representation. The CFPB has warned consumers to be on the lookout for Identity Theft and bill/debt collector SCAMMERS falsely claiming entitlement to amounts not owed. I obviously need the documents requested and I will continue to consider this a matter of IDENTITY THEFT unless and until I receive an AFFIDAVIT from the purported original creditor providing me all the requested documents. In XXXX XXXX I was a victim of Identity Theft when scammers wiped out my checking account funds due to my bank breach and bank error when multiple debit card numbers were submitted and approved by possible random guessing without my card expiration date, 3 digit security code, Name, address, or other required data to process a transaction. I never used the debit card and my debit card was safely locked away and under my exclusive control at all times. After multiple calls and secure messages to my bank, I filed a complaint with the CFPB and the bank still has not discovered how the breach and fraud happened. If a random guess at a debit card can wipe out my checking account, it would be easier to guess at bank credit card numbers in a debt collector scam warned by the CFPB. Are you a SCAMMER victimizing me with IDENTITY THEFT? Are you trying to SCAM an elderly senior citizen? I need AFFIDAVITS with the requested proof. I need the requested proof! I will not get scammed again. I trust NOONE, even XXXX attorneys. Get your ducks in a row!!! I would not be happy if I am forced to file a U.S. District Court action only to be faced with a Motion To Compel Arbitration due to concealment of agreement documents. Any such frivolous conduct would be rightfully countered with my Motion for Summary Judgment and a temporary restraining order request to punish violators for willful FCRA violations and other statutes, further claiming a WAIVER was created by concealment. If warranted, I will have no problem also naming the CFPB and its Director, Rohit Chopra, in any federal court action to the extent necessary to obtain 100% compliance with the FCRA, FDCPA and related statutes. I also advise you that I am a XXXX years old XXXX XXXXXXXX and American with XXXX in poor health and judgment proof and all my income is from EXEMPT sources such as federal Social Security benefits with my average balance in my social security account is below my monthly SS deposit and never more than 2 times my monthly deposit. I simply have no assets or income which anyone can attach from pointless, abusive or frivolous litigation intended merely to harass and abuse me. Moreover, last year I have been affected by medical malpractice, COVID-19, a declared natural disaster by a direct hit by Hurricane Ian, illnesses and other medical matters all at the same time. Plus, as stated ago, my checking account was wiped out by fraudsters. Moreover, I discovered that my credit file reported false delinquencies even though I actually had a perfect credit payment record and such concealments reduced my credit score by XXXX XXXX totally destroying my credit. Everything bad happened to me all at once starting with medical malpractice, health issues and SCAMMERS and then by Hurricane IAN and then by creditors promising publicized payment deferrals yet then falsely reporting delinquencies. My credit reports are inaccurate and incomplete as the required coding for my situation is not on my credit report for any listed account. How hard is it to insert the Metro 2 code XXXX into every account? Do you even know what XXXX means? However, I am ready, willing and able to litigate and defend any frivolous litigation or arbitration including seeking relief from the U.S. Court of Appeals for any appealable order including the delay or denial of injunctive relief requests. I shall also insist on compliance with federal Rule 11 and motions for Rule 11 violations shall be filed promptly after the expiration of applicable safe harbor periods for incurred violations. Moreover, if I live long enough, I am prepared to seek personal XXXX XXXX bankruptcy relief if and when necessary, filing objections to all claims and submitting my claims for damages through bankruptcy adversary proceedings. Do you want to pay an Arbitrator XXXXXXXX to gain nothing? Do you think you can avoid my XXXX XXXX requests and information subpoenas? Do you want the CFPB to come after you when you violate your obligations?
Again, I am responding to your contact about a purported debt you are attempting to collect which, as stated multiple times, I DISPUTE in its entirety.
Again, please STOP all direct and indirect communication of any kind with me and with this address about this purported debt except to respond to me in writing regarding my requested documents by delivering me requested documents. Furthermore, due to hearing problems and issues, I am unable to receive phone calls so I am unable to discuss any matter over the phone or otherwise under any scenario. Just STOP all communications! The Telephone Consumer Protection Act (TCPA) restricts calls to residential and wireless telephone numbers absent the prior express consent of the called party. I do not want any calls or direct or indirect communications of any kind whatsoever to be made to me in the future. I do not consent to receiving any calls made to me in the future and any calls received by me after you receive this letter shall be considered willful violations of the TCPA for which maximum possible penalties shall become automatically and immediately due and owing to me by violators without notice.
Again, record and prominently FLAG in your records that I forever DISPUTE having any obligation for this purported debt. Again, if you forward or return this purported debt to another company, please indicate to them that it is DISPUTED. If you report it to a credit bureau (or have already done so), also immediately report that the purported debt is DISPUTED. Once I notify a CRA and/or Furnisher and/or Debt Collector that I DISPUTE data (such as this dispute) my credit report MUST INDEFINITELY include the required PERMANENT Notice that the account is DISPUTED BY CONSUMER even if the CRA/Furnisher/Debt Collector disagrees. If my credit report from any CRA has at any time in the past (or in the future) included an account related to your purported disputed debt without the required DISPUTED status, then such FCRA violation shall be considered a Willful, wanton, malicious, deliberate, abusive and intentional violation for which the maximum statutory damages of XXXXXXXX shall be sought against every violator, plus punitive damages. Metro 2 is quite complex and impossible to comply with so the best procedure of reporting is to never report at all and to never change, delete, update or alter dispute status as such will almost certainly result in manual negligent incompetent user errors for which damages will accumulate quickly to entirely offset purported debts. While some untrained incompetent employees may willfully violate the FCRA to purposely destroy a consumers credit score in hope to collect purported disputed debts under duress, I demand compliance with the FCRA, FDCPA and every other statute. In my opinion, Furnishers/Debt Collectors are best served by permanently DELETING from credit files Disputed/Uncollectible accounts to mitigate damages from Furnisher/user errors and willful unlawful conduct. Every interaction with a creditor, a CRA and/or debt collector constitutes an opportunity for me to obtain statutory, punitive and other damages, including attorney fees, when laws are broken for willful and negligent non-compliance with known statutory requirements and protocols. The best possible settlement obtainable would be to walk away and abandon any and all disputed purported uncollectible claims otherwise I will be one your creditors with exponentially increasing claims after you continue to violate my rights. I never agreed to permit anyone to report inaccurate or incomplete information of any kind on my credit report. I have never been offered my statutory right to OPT-IN or OPT-OUT of credit reporting to protect my right to privacy to prevent FCRA violations. I hereby unconditionally and unilaterally REVOKE and terminate for CAUSE any imaginable right to report data of any kind on any of my credit files with any CRA. Obligations under the FCRA, FDCPA and other debt collection and reporting statutes TRUMP any purported creditor claims so compliance of every statutes is a precondition to collect and report any purported claims. If you want to do business with consumers, you must first learn how to comply with extensive ever changing obligations, including Metro 2, which is impossible to accurately report even by a specialist due to arbitrary and confusing possibilities. Stated another way, an original credit card purported creditor is not entitled to collect claims unless and until all its obligations have been satisfactorily completed without violations of any law. You should be careful to comply with mandatory statutory imposed record retention requirements to enable the CFPB to administer and carry out the purposes of the FCRA, FDCPA, the Dodd-Frank Act, as well as to prevent evasions thereof. The record retention requirements also will facilitate supervision of debt collectors and the assessment and detection of risks to consumers. The CFPB has published a comprehensive checklist to audit and insure compliance with regulatory obligations. I suggest you review the checklist to insure compliance before responding to me. You should know that as soon as Hurricane IAN hit me directly and my health was affected by COVID-19 and other health issues with other issues plus a wipe out of my checking account, I diligently contacted every creditor seeking publicized payment deferrals and other relief only to be effectively denied relief by incompetence. The general creditor response was to retaliate against me for merely asking for relief by inaccurately reporting every account inaccurately. No one knows how to code Metro 2 except for simple payment reporting but when things get changed errors are everywhere, either negligently or willfully. If I made 100% of my payments and if I was never late how could credit reporting agencies say I was 60 days delinquent? More importantly, I discovered that each CRA provided me with conflicting data on my paper reports and my paper reports did not contain all the data reported to CRAs under Metro 2. Why is data reported on Metro 2 but concealed from my paper credit reports? Why do my paper credit reports only contain a small portion of data reported by Metro 2 and contained in my credit file? How can I properly dispute my credit file if 50% of the data in my CRA file is concealed from consumers? How can I discover inaccurate data on my credit file if 50% of data is concealed from me and excluded from my paper credit reports? The entire credit reporting system is a disgrace in complete disregard for consumers rights and rights to privacy. Every communication with a creditor seemed to result in negligent data entry errors by users. Furnishers are incapable of complying with statutory obligations and the Metro 2 system. Again, I need every document, including every Metro 2 submission, submitted to every CRA to compare my numerous paper reports with data in my credit files reported via Metro 2. Moreover, many of the Metro 2 data fields are reported blank forcing fraudulent submission overrides rather than blocking incomplete or conflicting data. Even when errors are discovered and acknowledge by top senior bank officials in charge of USA credit cards, nobody knows how to correct inaccurate reporting even after reporting ETHICAL misconduct to the bank Chairman of the Board. One bank even hires incompetent High School Graduates to handle CFPB disputes without any knowledge of the FCRA or Metro 2 protocols and obligations. I subscribe to a variety of services so I see daily changes to my credit files so I see the daily mistakes of credit reporting by erroneous coding under Metro 2. Many Many Many times I see a DISPUTE ADDED one day and then fraudulently and inaccurately REMOVED the next day. Everyone knows that Debt Collectors try not to report Disputes, even though required, as a dispute may not negatively affect a credit score which may hinder chances to force consumers to pay even fraudulent disputed claims as consumers generally want good scores. Well, the system tanked my scores needlessly! Is your Debt Collector commission of peanuts worth $100,000+ in attorney fees and punitive damages? Do you want to risk the CFPB coming after you demanding $10,000,000+? Do you want to lose clients and be put out of business by the CFPB? I object to having accounts reported on my credit reports as reporting is unconscionable!
While your letter fails to disclose what I consider a complete mandatory inclusion of the statutes set forth at the beginning for consumers rights regarding Debt Validation, I am responding even though the failure to respond would not have consequences in litigation. The CFPB and others suggest some of below type of questions for Debt collectors to respond to. I like to purposely repeat points so that there can be no misunderstanding about what I am writing about and requesting.
Please supply the information below so that I can be fully informed:
Why you think I owe the purported debt and to whom I owe it, including:
The name and address of the creditor to whom the purported debt is currently allegedly owed, the complete account number used by that creditor and the previously issued account numbers, if any, the complete account number reported to every CRA for current and past account numbers and the detailed amount allegedly owed since inception including amounts and all data reported to every CRA. Please note that there is no reason to NOT report a complete account number in letters and credit files especially when an account has been closed to future transactions especially if consumers have ZERO liability for unauthorized activity, especially after closure. If an account has been closed or an account number has changed in the last 7 years, please send documentary proof of the dates of closure and/or account number change and the dates reported of the mandatory mid-cycle update to every CRA to ascertain whether the mandatory Metro 2 protocols have been compliant or violated. If this purported debt started with a different creditor, provide the name and address of the original creditor, the entire account number used by that creditor, and the detailed amount owed to that creditor at the time it was transferred. When you identify the original creditor, please provide any other name by which I might know them, if that is different from the official name. In addition, tell me the exact date and complete terms of the relationship when the current creditor and/or debt collector obtained the purported debt and who the current creditor obtained it from.
Provide verification and documentation that there is a valid basis for claiming that I am required to pay the purported debt to the current creditor. For example, can you provide a copy of the written agreement that created my original requirement to pay? Again, I need to know about any ARBITRATION provision buried into any original or amended agreements as I cannot rely on the search results of the CFPB or other websites. I also need any purported contract provision that authorized the reporting to a CRA (if it exists) which I hereby revoke as invalid ab initio if any data was inaccurately reported to any CRA, either willfully or otherwise. Reporting to a CRA must be 100% accurate otherwise DELETION is mandatory. Inaccurate credit reporting, standing alone, is unconditional grounds to bar future credit reporting at the request of a consumer to guarantee the consumers right to privacy. I object to credit reporting of all my closed and disputed accounts due to willful violations of the FCRA and other statutes.
If you are asking that I pay a purported debt that somebody else is or was required to pay, (such as an insurance company through a credit card benefit) identify that person or entity. Provide verification and documentation about why this is a purported debt that I am required to pay.
The amount and age of the purported debt, including:
A copy of the every billing statement sent to me by the purported original creditor since inception.
State the required Date of First Delinquency (month/day/year) with the detailed amount of the purported debt when you obtained it, and when that was.
If there have been any additional interest, fees or charges added since the last billing statement from the purported original creditor, provide an itemization showing the dates and amount of each added amount. In addition, explain how the added interest, fees or other charges are expressly authorized by the agreement creating the debt or are permitted by law. If my purported account has been closed, state the date closed, and every change of interest rate thereafter including rate justification after closing. If my purported account involves any CFPB claims and disputes for statutory or other damages for willful FCRA or other disputes, please identify precisely offsets of claims in statements and balances reported to every CRA.
If there have been any payments or other reductions since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each of them.
If there have been any other changes or adjustments since the last billing statement from the original creditor, please provide full verification and documentation of the amount you are trying to collect. Explain how that amount was calculated. In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law.
Tell me when the creditor claims this debt became due and when it became delinquent.
Identify the date of the last payment and amount made on this account.
Have you made a determination that this debt is within the statute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that.
Details about your authority to collect this debt.
I would like more information about your firm before I discuss (in writing, of course) the debt with you. Does your firm have a debt collection license from my state? If not, say why not. If so, provide the date of the license, the name and previous names on the license, the license number, the valid status of the license and the name, address and telephone number of the state agency issuing the license. Also provide me with any name currently and previously included as a debt collector for making CFPB complaints on its website.
If you are contacting me from a place outside my state, does your firm have a debt collection license from that place? If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license.
I have asked for this information because I have some questions. I need to hear from you in writing with all documentation requested herein to make an informed decision about your claim that I owe this money. I expect a one time written communication for this purpose but only in writing provided you fully address each and every item of requested data I seek. In order to make sure that I am not put at any disadvantage, in the meantime please treat this purported debt as being in dispute in its entirety. Nothing contained in my letter should be construed in any way as an admission of any responsibility whatsoever for the purported claim. Failure to respond in writing controverting my allegations and points shall be deemed your admission by your non response and all conflicts shall be resolved in my favor.
In addition to providing the information requested above, please let me know whether you are prepared to pay me for statutory and punitive damages in an amount not less than the balance you are claiming is owed. If so, please tell me in writing your offer with the amount you will pay me to fully resolve the account with an exchange of mutual general releases which, of course, would require permanent deletion from every CRA file of any reported data, if any.
In addition to the Federal Fair Debt Collection Practices Act, the Florida Consumer Collection Practices Act prohibits harassment, false or misleading statements and unfair practices by collection agencies and debt collectors. Some violations of these acts are listed below:
1. They threaten to tell your employer or neighbors about the debt;
2. Threaten violence against you;
3. Threaten to have you arrested;
4. Communicate with you or your spouse more than three times a week;
5. Harass, intimidate, threaten or embarrass you;
6. Imply that documents sent to you are legal documents or government
documents;
7. Imply that you can be deported; or
8. Solicit a postdated check in order to threaten criminal prosecution.
The CFPB and advocates recommend consumers to also check to see if their state licenses debt collectors and if the company that is contacting them is licensed. If a state does not license debt collectors, check the registry for a neighboring state. Some states also provide licensing information to the XXXX XXXX XXXX XXXX at XXXX. That website will thus provide a few more states where the debt collector might be licensed. I purposely repeat myself to make it clear that I need to know complete details of what licenses you are required to have and what licenses you have.
The CFPB and others recommend the Stop Contact or Cease Letter strategy to stop collection harassment by writing the collector a stop contact letter, also called a cease letter. Then the collector can only acknowledge the letter and notify the consumer about legal steps the collector may take. This protection usually only applies to collection agencies hired by the creditor or debt buyers that purchased debts from the creditor, but even creditors collecting their own debts must honor such requests as basic agency law requires creditors to be responsible for actions of the bill collector agents
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| Consumer Consent Provided |
Consent provided
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7534224
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2023-09-12
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Attempts to collect debt not owed
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Debt collection
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| Tags |
Older American
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| Issue |
Attempts to collect debt not owed
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| Timely |
Yes
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| Company |
RAS LaVrar, LLC
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| Product |
Debt collection
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| Sub Issue |
Debt is not yours
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| Sub Product |
Credit card debt
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| Date Received |
2023-09-12
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| Submitted Via |
Web
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| Company Response |
Closed with explanation
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| Consumer Disputed |
N/A
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| Date Sent To Company |
2023-09-12
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| Complaint What Happened |
Part 2 of 2 XXXX XXXX & XXXX reference XXXX & XXXX. Received on XX/XX/XXXX.
Details about your authority to collect this debt.
I would like more information about your firm before I discuss ( in writing, of course ) the debt with you. Does your firm have a debt collection license from my state? If not, say why not. If so, provide the date of the license, the name and previous names on the license, the license number, the valid status of the license and the name, address and telephone number of the state agency issuing the license. Also provide me with any name currently and previously included as a debt collector for making CFPB complaints on its website.
If you are contacting me from a place outside my state, does your firm have a debt collection license from that place? If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license.
I have asked for this information because I have some questions. I need to hear from you in writing with all documentation requested herein to make an informed decision about your claim that I owe this money. I expect a one time written communication for this purpose but only in writing provided you fully address each and every item of requested data I seek. In order to make sure that I am not put at any disadvantage, in the meantime please treat this purported debt as being in dispute in its entirety. Nothing contained in my letter should be construed in any way as an admission of any responsibility whatsoever for the purported claim. Failure to respond in writing controverting my allegations and points shall be deemed your admission by your non response and all conflicts shall be resolved in my favor.
In addition to providing the information requested above, please let me know whether you are prepared to pay me for statutory and punitive damages in an amount not less than the balance you are claiming is owed. If so, please tell me in writing your offer with the amount you will pay me to fully resolve the account with an exchange of mutual general releases which, of course, would require permanent deletion from every CRA file of any reported data, if any.
In addition to the Federal Fair Debt Collection Practices Act, the Florida Consumer Collection Practices Act prohibits harassment, false or misleading statements and unfair practices by collection agencies and debt collectors. Some violations of these acts are listed below : 1. They threaten to tell your employer or neighbors about the debt ; XXXX. Threaten XXXX against you ; XXXX. Threaten to have you arrested ; 4. Communicate with you or your spouse more than three times a week ; 5. Harass, intimidate, threaten or embarrass you ; 6. Imply that documents sent to you are legal documents or government documents ; 7. Imply that you can be deported ; or 8. Solicit a postdated check in order to threaten criminal prosecution.
The CFPB and advocates recommend consumers to also check to see if their state licenses debt collectors and if the company that is contacting them is licensed. If a state does not license debt collectors, check the registry for a neighboring state. Some states also provide licensing information to the XXXX XXXX XXXX XXXX at XXXX. That website will thus provide a few more states where the debt collector might be licensed. I purposely repeat myself to make it clear that I need to know complete details of what licenses you are required to have and what licenses you have.
The CFPB and others recommend the Stop Contact or Cease Letter strategy to stop collection harassment by writing the collector a stop contact letter, also called a cease letter. Then the collector can only acknowledge the letter and notify the consumer about legal steps the collector may take. This protection usually only applies to collection agencies hired by the creditor or debt buyers that purchased debts from the creditor, but even creditors collecting their own debts must honor such requests as basic agency law requires creditors to be responsible for actions of the bill collector agents. Again, as stated above purposely several times to make the point absolutely clear, please stop contact and cease further communication of any kind whatsoever.
I have also stated several times what advocates call the Exempt Income Letter to avoid fruitless expenses. If a consumers only sources of income are state or federal government benefits, their income may most likely be exempt or protected from collection. If the collector is informed that government benefits are the consumers only source of income, the collector may voluntarily stop contacting them about the alleged debt. Collectors can be informed that all of the consumers income is exempt which I have done to avoid an unreasonable multiplicity of proceedings having no purpose. Again, All of my limited income is from EXEMPT sources!
Again, you should consider this a Dispute Letter as I DISPUTE the entire purported claim. If the consumer believes the debt is not theirs, that the amount is incorrect, or that there is some other error, the consumer or their attorney should send the collector a dispute letter. Collectors make a lot of mistakes and disputing the debt may help resolve the matter.
Federal law requires debt collectors to provide validation information about the alleged debt and consumers rights to dispute the debt. Collectors will be able to provide this information in writing.
It is recommended that if a debt collector claims to have sent a notice previously but the consumer never received it, ask for another copy. Keep a copy of any letters that are sent. It is best to send the letter by mail, return receipt requested. A CFPB complaint is the best method to document a DISPUTE and Debt Validation as it not only proves delivery to the Debt Collector but it requires the Debt Collector to respond promptly. Debt Validation letters and Disputes can also be sent electronically using any type of electronic communication that the debt collector uses to accept consumer communications. If the collection agency accepts emails from consumers, the dispute letter can be sent via email. To insure this letter is not lost, delayed in the mail or mishandled by the Debt Collector, I am also sending this letter with any attachments via the CFPB Complaint Portal and website to assure receipt and guarantee a timely response.
Advocates such as the CFPB state that a dispute letter may be combined with a request for more information in a Verification Letter.
Often it is not even clear what debt a collector is contacting the consumer about, and in that case, the consumer should not pay the collector until more information is obtained. Federal law requires debt XXXXollectors to provide validation information about the alleged debt. However, the consumer may still have more questions about the alleged debt. My letter demands documentation which is indispensable in determining the amount and validity of the purported claim.
The FCRA requires every CRA and Furnishers to maintain reasonable procedures in their operations to assure maximum possible completeness and accuracy of data in the credit reports they report and publish. Credit reporting laws ensure that bureaus report only 100 % accurate credit information. The CFPB has repeatedly criticized the dispute process involving Furnishers and CRAs. CRAs routinely fail to forward complete written disputes to Furnishers and routinely PARROT non existent investigations and certifications from
Furnishers and fail to delete and prevent known Facially False Data in violation the recent directives of Rohit Chopra, CFPB Director. To enforce the FCRA, I have filed multiple direct and indirect CRA/Furnisher written disputes including about 100 CFPB complaints yet virtually no dispute is listed on my credit reports as Disputed as required in willful violations of the FCRA and XXXX XXXX protocols. To the extent that your purported debt has been directly or indirectly included in any of my written disputes, in accordance with The Fair Credit Reporting Act, Public law 91-506, Title VI, Section 611, Subsection A-D, please provide ( in addition to all facts regarding investigation records ) the names and business addresses of each individual with whom you client verified the purported debt reporting above, so that I may follow up. Every step must be taken to assure the information reported is completely accurate and correct. Furthermore, each of my credit reports for each account contain different and conflicting data on my paper credit reports and data required from Furnishers is either negligently or purposely missing, impossible, incorrect or conflicting and more importantly, Data submitted through XXXX XXXX is not contained on my paper credit reports resulting unknowingly to be of current accounts being falsely reported as 60 days late with credit scores being up to XXXX points lower than expected. XXXX XXXX compliance is out of control. For your purported debt, if it has been reported to a CRA, I need the actual XXXX XXXX submissions ( translated into English ) for the last 3 years including every monthly and required interim submissions. If I have ever disputed an account with any creditor, I expect every credit report to continually contain the required and mandatory notice that it is DISPUTED which is not happening constituting willful FCRA violations. Any further violations of federal statutes will incur liability for actual, statutory, and punitive damages plus attorney fees and costs.
15 USC 1681s-2 : Responsibilities of furnishers of information to consumer reporting agencies Text contains those laws in effect on XX/XX/XXXX 1681s2. Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.
( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if- ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.
I insist on 100 % compliance with all FCRA and all statutes and knowingly reporting inaccurate information after notice shall constitute willful and negligent violations of the FCRA, subjecting violators to statutory damages of {$1000.00} per incident plus huge punitive damages for repeated known repeated violations. Any current or future debt collector or debt buyer is obligated to investigate and ascertain the extent of and existence of actual or potential FCRA violations before furnishing data to any CRA.
To insure compliance with the FCRA and other statutes, your written response must include the purported exact month-day-year for the Date of First Delinquency and the exact day-month-year that the disputed claim would be required to be deleted from every CRA account under the 7 year statute of XXXXimitations for credit reporting assuming no payments are made in the future.
There is a Duty to Provide Notice of Delinquency of Accounts. In order for there to be a uniform date by which all consumer reporting agencies would compute the seven-year reporting period for adverse items of information, Congress included section 623 ( a ) ( 5 ) with the intent that the seven-year reporting period begin with the commencement of the delinquency rather than any other date. That section of the FCRA states that " a person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall. .. notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action. My credit reports for every CRA and for most accounts fails to report the mandatory date of First Delinquency in violation of law.
Virtually every account on each of my credit reports fails to list my account as DISPUTED pursuant to the clear statute requirements. Failing to list a disputed debt as disputed on every CRA is purposely done by XXXX for a sinister purpose to harm consumers as much as possible to lower credit scores. Once you dispute a debt to a credit reporting agency, they must report that debt as disputed on your credit file and in your credit reports. Also, if you dispute a debt to XXXX of the XXXX major credit reporting agencies ( XXXX, XXXX, or XXXX ), that particular agency must notify the other two bureaus that you dispute the debt. Failing to list the account as disputed, after a valid dispute has been sent to the credit reporting agency, is a violation of the FCRA. Not only are none of my valid disputes listed as disputed on my credit reports, but once a CRA lists my account as Disputed, virtually the next day the Furnisher will erroneously, purposelessly, maliciously, abusively, willfully, deliberately, intentionally and frivolously remove and delete the Disputed required entry using XXXX XXXX mid-cycle unauthorized and prohibited entries in violation of the Facially False Data prevention requirements recently explained in detail by CFPB XXXX XXXX XXXX. Not only is the entire XXXX XXXX system unworkable but employees are not adequately trained to insure accurate data coding. Willful failures to report accounts as Disputed and closed carry statutory damages of {$1000.00} plus punitive damages for each violation for every time the required entry was changed or deleted. I insist on 100 % compliance with the FCRA and other statutes mandating deletion if all disputed entries permanently.
A common FCRA violation is when a creditor posts late payments after the debt has charged off a past due balance. I will Document this violation by highlighting the accounts on every CRA and by filing a direct and indirect dispute with the Furnisher and every CRA. Care should be taken by the disputed purported debt collector to avoid violating any statutes, if it is stupid enough to report my data to any CRA.
The United States Supreme Court has held that willful violations of the FCRA include violations committed in reckless disregard of a company 's obligations under FCRA. Safeco Ins. Co., 127 S.Ct. at 2208-10. This standard of willfulness is now the law of the land.
In 526 F.3d 142 ( 2008 ) SAUNDERS V. BRANCH BANKING AND TRUST COMPANY OF VIRGINIA and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Incorporated XXXX XXXX XXXX XXXX XXXX the United States Court of Appeals , Fourth Circuit wrote : On XX/XX/XXXX, XXXXaunders brought this suit, alleging that XXXX XXXX XXXX violated its duties as a furnisher of information under FCRA XXXX 15 U.S.C.A. 1681s-2 ( b ) ( 1 ), by failing to report the dispute. At the conclusion of the trial, the court instructed the jury on XXXX & XXXX 's statutory duties as a furnisher of information. The trial court also instructed the jury that it could find XXXX & XXXX had violated FCRA by failing to report the ongoing dispute After deliberation, the jury returned a verdict finding that XXXX & XXXX had intentionally violated its duties under FCRA. The jury awarded Saunders no compensatory damages but did award the maximum possible statutory damages of {$1000.00} and punitive damages of {$80000.00}. WOW!!! This means that the failure of a Furnisher to report a DISPUTE on a consumers credit report could result in statutory damages of {$1000.00} plus punitive damages of {$80000.00}. Failure to list my account as dispute, in violation of law, will not help collection efforts and only result in huge damages to ensure and enforce compliance. While many attorneys recommend filing lawsuits right away for obvious FCRA and FDCPA violations, I prefer to give violators repeated notices as I prefer to get {$80000.00} instead of {$1000.00} when a violator is stupid.
I have a right to Privacy. Due to extensive and widespread malicious Willful violations of the FCRA, to protect my right to privacy, I hereby immediately OPT OUT and permanently revoke any right to report data on any of my credit reports as otherwise permitted and set forth in section 313.15 - Other exceptions to notice and opt out requirements- ( 5 ) ( i ) To a consumer reporting agency in accordance with the Fair Credit Reporting Act ( 15 U.S.C. 1682 et seq. or ( ii ) From a consumer report reported by a consumer reporting agency. The exceptions can apply if and only if every Furnisher and every CRA comply with ALL of their obligations under the FCRA. Once known violations of the FCRA have been disputed with Furnishers and every CRA multiple times without correction or deletion as required, the rights to report is deemed automatically revoked and an affected consumer may unilaterally OPT OUT entirely of credit reporting in the interest of justice. Consumer rights to OPT OUT from credit reporting to prevent inaccurate reporting TRUMP the rights of disputed creditors to flagrantly abuse the FCRA with impunity. The CFPB recently filed an amicus brief, arguing that furnishers are statutorily obligated to investigate both legal and factual questions raised in consumer disputes. The CFPB 's brief acknowledges that several federal courts have distinguished between " factual '' and " legal '' questions in determining the obligation of CRAs to investigate disputes under 15 U.S.C. 1681i. I need a complex analysis of the factual and legal issues and documentation requested herein rather than a worthless bare unsupported denial or statement.
Every Furnisher and CRA has failed to comply with any of their obligations as set forth in the below statute which is simple to understand.
623. Responsibilities of furnishers of information to consumer reporting agencies [ 15 U.S.C. 1681s-2 ] ( a ) Duty of furnishers of information to provide accurate information.
( 1 ) Prohibition.
* Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.
* Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.
( C ) No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to speciry such an address ( 2 ) Duty to correct and update information. A person who * regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person 's transactions or experiences with any consumer : and * has furnished to a consumer reporting agency information that the person determines is not complete or accurate shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information. that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.
1. Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.
2. Duty to provide notice of closed accounts. A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed.
3. Duty to provide notice of delinquency of accounts. A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action.
( b ) Duties of furnishers of information upon notice of dispute.
( 1 ) In general. After receiving notice pursuant to section 611 ( a ) ( 2 ) [ 1681i ] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall * conduct an investigation with respect to the disputed information; * review all relevant information provided by the consumer reporting agency pursuant to section 611 ( a ) ( 2 ) [ 168li ] ; * report the results of the investigation to the consumer reporting agency ; and * if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished Simply stated, Furnishers and every CRA willfully and negligently failed to fulfill their mandatory obligations. States and federal authorities seem to attempt to license every possible type of employee, even dog sitters and dog catchers! If a doctor and lawyer needs to be licensed, then it is more important that a XXXX XXXX compliance expert is more important to be licensed to protect the privacy rights of consumers. Send employees back to XXXX XXXX school and refrain from permitting new untrained employees to inaccurately code data entries on consumer credit reports. Some system needs to be in place with comprehensive internal controls to protect consumers from XXXX, XXXX, and XXXX 2 digit codes summarizing complaints without reading and forwarding disputes to Furnishers and other CRAs. We do not need untrained high school students doing the job required by certified EXPERTS. Simple Facially False Data is unable to be detected and corrected after repeated disputes where a Furnisher admits inaccuracies. The entire credit reporting system is a disgrace and the CFPB needs to punish individual violators. I demand complete 100 % compliance with all statutes, federal and state, as a precondition for receiving payment if any kind. CRAs created an unworkable monster with the creation of XXXX XXXX and statutory and punitive damages are the sole remedy to provide consumers with rights required by statutes. We need XXXXenator Elizabeth Warren to continue to partner with CFPB Director Rohit Chopra, to lay down the hammer on violators and individual Officers who continue to XXXX over consumers as part of their DNA.
Wouldnt you agree that deliberate violations of the FCRA which unjustly reduces a credit score by XXXX points is wrong? How would you like it if your XXXX and XXXX were wrongly affected by life changing FCRA willful violations? How would you like it if your employer fired you, your spouse or your adult children for repeated willful violations of federal statutes? How would you like it if the CFPB banned you for life from participating in the business you have worked in for 20 years? How would you like it if all of your assets and sources of income were frozen and taken away?
Have a XXXX and dont take your job so seriously that you will work for peanuts to damage innocent XXXX senior citizens who only seek to live the final few years of their life in peace without elder abuse! Provide cardmember agreements for both account agreement with last 15 months of billing statements for both accounts
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| Consumer Consent Provided |
Consent provided
|
|
|
7535422
|
2023-09-12
|
Attempts to collect debt not owed
|
Debt collection
|
|
| Tags |
Older American
|
| Issue |
Attempts to collect debt not owed
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Debt is not yours
|
| Sub Product |
Credit card debt
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| Date Received |
2023-09-12
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2023-09-12
|
| Complaint What Happened |
Debt collector obligations
809. Validation of debts
(Part 1 of a 2 Part CFPB Complaint)
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Florida. XXXX
XXXX XXXX, XXXX
RAS LaVrar, LLC
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Florida XXXX
Reference # XXXX & XXXX dated XXXX XXXX XXXX & XXXX Received on XXXX XXXX, XXXX
Dear Debt Collector:
It was a bright cold day in XXXX, and the clocks were striking XXXX, XXXX XXXX, XXXX at XXXX (XXXX). In this case, Defendants argument is like the thirteenth chime of a clock: you not only know its wrong, but it causes you to wonder about everything you heard before. Chief United States District Court Judge XXXX XXXX XXXX, XXXX District of Florida, in case # XXXX, wrote the above OPENING LINE at Page 1 by quoting the famous opening line of XXXX XXXX XXXX XXXX XXXX, the book that introduced the world to the concept of BIG BROTHER. Judge XXXX OPENING LINE sets the stage of exactly what to expect in his 139 page scathing decision in his Order on Motions for Preliminary Injunctions filed XXXXXXXX. The XXXX XXXX strike of all of the clocks at the same time calls into question not only the credibility of itself but of the previous twelve. In the XXXX world of BIG BROTHER, the clocks striking XXXX is not an aberration, but a normal way of life where Every record has been destroyed or falsifiedevery date has been altered. Was the Novel XXXX writing about and predicting the out of control and never ending Credit Reporting and Debt Collector fiasco ??? Another relevant XXXX XXXX quote stated: In the end the Party would announce that two and two made five, and you would have to believe it. Well Debt Collectors and Creditors, like the totalitarian XXXX Party, can make outrageous false claims, such as [2 + 2 = 5], but Im not buying it, Im not getting tricked and Im not getting abused as I have the freedom, power, law and common sense to reject them. Just keep continually revisiting the OPENING LINE many times as you read, take notes, reread, investigate, research, talk to experts, talk to clients, reinvestigate and get to know and understand the following facts and argument!! Start by first trying to figure out and explain how my credit score, per the attached exhibit, was impossibly reduced to XXXX on XXXX XXXX XXXX based on my XXXX credit report. Did you cause it??? Are you responsible??? But first, should your limited resources be wasted on pursuing an insolvent judgment proof handicapped dying XXXX Citizen on Social Security with a XXXX (XXXX) credit score??? Judge Walker needed 139 pages to address the obvious. Your appropriate response requires many many many more than 139 pages to address my following issues. It should be a NO-BRAINER that you and your predecessors and successors in interest MUST UNCONDITIONALLY and PERMANENTLY STOP, CEASE AND DESIST ALL COLLECTION EFFORTS on the disputed purported debt to mitigate damages. Its not rocket science, Its not brain surgery, Its a piece of cake and Its a walk in the park are common phrases that describe concepts or tasks that are easily understood or performed that are certainly applicable here. Dont be XXXX!! You have no viable ALTERNATIVE! Tell the CFPB in your required response that you permanently cease all collection efforts with a notation that an ARBITRATION filing, if one exists and is applicable, is the only permissible future communication!!! If an ARBITRATION agreement exists, please be absolutely clear and dont directly or indirectly wrongly threaten or imply filing a prohibited court action or lawsuit as it would be considered a FDCPA violation intended to harass, threaten and abuse!!!
Here's the relevant section of the FDCPA, 15 U.S.C. 1692g, on debt validation, for your response, prohibitions and obligations:
809. Validation of debts
(a) Notice of debt; contents
Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) Disputed debts
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer's right to dispute the debt or request the name and address of the original creditor.
(c) Admission of liability
The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
I am responding to your attached letter(s) about a purported debt as set forth in your attached letter(s). I request that you mail me a written Validation of Debt which must include all of the proof and documents described at length below. I vigorously DISPUTE the purported debt in its entirety. This is NOT my Debt and I DISPUTE it. I want you to send me by USPS mail the name and address of the original creditor and any successors in interest or transferees, if any. I do not have any responsibility for the purported debt youre referencing and trying to collect. So I DISPUTE it. This is not my purported collectible debt. Again, I want to make it absolutely clear by repetition that I DISPUTE it in its entirety so that you can clearly red flag and mark your files as DISPUTED to avoid Willful FDCPA violations. If you have good reason to believe that I am responsible for this DISPUTED purported debt, mail me by USPS every document in your and your clients entire file, including but not limited to every direct and indirect written dispute with the CFPB, CRAs or otherwise including those documents that make you believe that the purported debt is valid, enforceable and collectible. Immediately STOP, DESIST and CEASE all other and further communication with me and with this address, (except to respond one time in writing by USPS mail to my request for every piece of proof of the purported debt that would be presented to an ARBITRATOR or in a federal motion for summary judgment with incorporated memorandum of law) and record that I vigorously DISPUTE having any obligation for this purported debt. The USPS, email, text messaging, social media or other unsecured communication means cannot be trusted to safely and securely deliver mail and communications or to prevent receipt by unauthorized individuals, at other addresses, by accident, scammers, fraudsters or negligence. To wit, much of my USPS mail is delivered opened and tampered with and read by others many times as, for example, the name and address window is not visible due to mailing incompetence. Similarly, the USPS tracking service for certified mail is unreliable and cannot be trusted. I am requesting no further communication of any kind whatsoever to therefore prevent mail or communications to be received at other addresses due to sender issues, hackers, scammers, and USPS errors and negligence. Likewise, kindly immediately STOP all further unwanted direct and indirect text messages, emails, phone calls, voice messages, or any other social media or other communication with me regarding your attempts to collect the purported DISPUTED debt. I have made about 100 CFPB complaints regarding FCRA and other violations and I suspect that the recent XXXX XXXX CFPB DATA BREACH affecting at least 256,000 consumers has almost certainly affected me so I must be overly careful to guard against scammers to limit erroneous release of my private data and communications. For this and other obvious reasons, I need you to STOP further communications and I obviously need the requested documentation proof regarding any claims as any claims are suspect absent complete documentation. Notice is Given that I forever object to the voice recordings of any kind and I therefore do not consent for anyone to record calls with me without my prior written consent which I will never authorize. Once a debt collector receives this letter requesting that they immediately STOP contacting me in any way, theyre not allowed to communicate with me again except to tell me there will be no further contact, provide me with documents requested, or advise me of specific planned legal actions within 20 days that may legally be allowed, such as filing an Arbitration action against me as a lawsuit is not permissible and cannot be threatened under the FDCPA if an Arbitration Agreement exists. So please dont threaten me with any barred court litigation which would violate any Arbitration Agreement as I will consider it a violation of state and federal statutes. If you stop your collection of this purported debt, and forward or return it to another company, please indicate to them that it is DISPUTED in its entirety by forwarding all past documents in the file and communications including this letter. If you report it to a credit bureau (or have already done so), also report that the debt is DISPUTED as required by FCRA, FDCPA and the 350+ page XXXX XXXX Compliance protocols. I insist on compliance with every applicable state and federal statutes, including but not limited to the FCRA and FDCPA. Any willful past, current or future violations of credit reporting and collection procedures shall incur maximum statutory and punitive damages plus attorneys fees and costs against violators, personally or otherwise. I have reviewed my entire paper credit reports of XXXX XXXX dated XXXX XXXX XXXX and XXXXXXXX XXXX XXXX XXXX and the account number referenced in your letter is not included in my credit reports, possibly due to reckless negligence in data reporting under the XXXX XXXX compliance protocols contained in its 355+ page manual. Accurate account number reporting of accounts is required under XXXX XXXX to prevent purported accounts from being inaccurately reported twice (or more) instead of once otherwise additional willful FCRA violations and statutory damages shall accrue. Since my XXXX and XXXX credit reports do not contain your referenced account number, I must consider that it involves identity theft for which your obligations must be followed exactly as required. I have never received any Notice from anyone stating that you are a bona fide authorized agent for Debt collection purposes. So consider this letter a formal Notice that I DISPUTE the purported debt due to IDENTITY THEFT. The most troubling, malicious and intolerable willful FCRA violations possible occurred when my credit score was impossibly reduced to XXXX on XXXX based on my XXXX XXXX credit report due to XXXX, XXXX, XXXX, debt/bill collectors and/or FRAUDSTERS illegally tampering with my credit files via XXXX XXXX and other data submissions to purposely damage my credit score to XXXX for a sinister purpose. BIG BROTHER IS WATCHING YOU!! That includes the CFPB, the FED, the OCC, the FDIC, the DOJ, the FTC and other regulators who are ALL watching every move you make and ready to put you out of business. Moreover, I need to know your opinion and representation as to whether the documents which I need and request will include an ARBITRATION clause which would require disputes to be resolved through ARBITRATION rather than a United States District Court individual or class action lawsuit. While I believe credit card accounts with your purported client may contain MANDATORY ARBITRATION clauses, I cannot be sure without all the purported agreement documents and a binding representation. The CFPB has warned consumers to be on the lookout for Identity Theft and bill/debt collector SCAMMERS falsely claiming entitlement to amounts not owed. I obviously need the documents requested and I will continue to consider this a matter of IDENTITY THEFT unless and until I receive an AFFIDAVIT from the purported original creditor providing me all the requested documents. In XXXX XXXX, I was a victim of Identity Theft when scammers wiped out my checking account funds due to my bank breach and bank error when multiple debit card numbers were submitted and approved by possible random guessing without my card expiration date, 3 digit security code, Name, address, or other required data to process a transaction. I never used the debit card and my debit card was safely locked away and under my exclusive control at all times. After multiple calls and secure messages to my bank, I filed a complaint with the CFPB and the bank still has not discovered how the breach and fraud happened. If a random guess at a debit card can wipe out my checking account, it would be easier to guess at bank credit card numbers in a debt collector scam warned by the CFPB. Are you a SCAMMER victimizing me with IDENTITY THEFT? Are you trying to SCAM an XXXX XXXX citizen? I need AFFIDAVITS with the requested proof. I need the requested proof! I will not get scammed again. I trust NOONE, even ROBO attorneys. Get your ducks in a row!!! I would not be happy if I am forced to file a U.S. District Court action only to be faced with a Motion To Compel Arbitration due to concealment of agreement documents. Any such frivolous conduct would be rightfully countered with my Motion for Summary Judgment and a temporary restraining order request to punish violators for willful FCRA violations and other statutes, further claiming a WAIVER was created by concealment. If warranted, I will have no problem also naming the CFPB and its Director, XXXX XXXX, in any federal court action to the extent necessary to obtain 100% compliance with the FCRA, FDCPA and related statutes. I also advise you that I am a XXXX years old XXXX male and XXXX XXXX XXXXXXXX in poor health and judgment proof and all my income is from EXEMPT sources such as federal Social Security benefits with my average balance in my social security account is below my monthly SS deposit and never more than 2 times my monthly deposit. I simply have no assets or income which anyone can attach from pointless, abusive or frivolous litigation intended merely to harass and abuse me. Moreover, last year I have been affected by medical malpractice, COVID-19, a declared natural disaster by a direct hit by Hurricane Ian, illnesses and other medical matters all at the same time. Plus, as stated ago, my checking account was wiped out by fraudsters. Moreover, I discovered that my credit file reported false delinquencies even though I actually had a perfect credit payment record and such concealments reduced my credit score by XXXX points totally destroying my credit. Everything bad happened to me all at once starting with medical malpractice, health issues and SCAMMERS and then by Hurricane IAN and then by creditors promising publicized payment deferrals yet then falsely reporting delinquencies. My credit reports are inaccurate and incomplete as the required coding for my situation is not on my credit report for any listed account. How hard is it to insert the XXXX XXXX code AW into every account? Do you even know what AW means? However, I am ready, willing and able to litigate and defend any frivolous litigation or arbitration including seeking relief from the U.S. Court of Appeals for any appealable order including the delay or denial of injunctive relief requests. I shall also insist on compliance with federal Rule 11 and motions for Rule 11 violations shall be filed promptly after the expiration of applicable safe harbor periods for incurred violations. Moreover, if I live long enough, I am prepared to seek personal XXXX 7 bankruptcy relief if and when necessary, filing objections to all claims and submitting my claims for damages through bankruptcy adversary proceedings. Do you want to pay an Arbitrator $XXXX to gain nothing? Do you think you can avoid my XXXX XXXX requests and information subpoenas? Do you want the CFPB to come after you when you violate your obligations?
Again, I am responding to your contact about a purported debt you are attempting to collect which, as stated multiple times, I DISPUTE in its entirety.
Again, please STOP all direct and indirect communication of any kind with me and with this address about this purported debt except to respond to me in writing regarding my requested documents by delivering me requested documents. Furthermore, due to hearing problems and issues, I am unable to receive phone calls so I am unable to discuss any matter over the phone or otherwise under any scenario. Just STOP all communications! The Telephone Consumer Protection Act (TCPA) restricts calls to residential and wireless telephone numbers absent the prior express consent of the called party. I do not want any calls or direct or indirect communications of any kind whatsoever to be made to me in the future. I do not consent to receiving any calls made to me in the future and any calls received by me after you receive this letter shall be considered willful violations of the TCPA for which maximum possible penalties shall become automatically and immediately due and owing to me by violators without notice.
Again, record and prominently FLAG in your records that I forever DISPUTE having any obligation for this purported debt. Again, if you forward or return this purported debt to another company, please indicate to them that it is DISPUTED. If you report it to a credit bureau (or have already done so), also immediately report that the purported debt is DISPUTED. Once I notify a CRA and/or Furnisher and/or Debt Collector that I DISPUTE data (such as this dispute) my credit report MUST INDEFINITELY include the required PERMANENT Notice that the account is DISPUTED BY CONSUMER even if the CRA/Furnisher/Debt Collector disagrees. If my credit report from any CRA has at any time in the past (or in the future) included an account related to your purported disputed debt without the required DISPUTED status, then such FCRA violation shall be considered a Willful, wanton, malicious, deliberate, abusive and intentional violation for which the maximum statutory damages of $XXXX shall be sought against every violator, plus punitive damages. XXXX XXXX is quite complex and impossible to comply with so the best procedure of reporting is to never report at all and to never change, delete, update or alter dispute status as such will almost certainly result in manual negligent incompetent user errors for which damages will accumulate quickly to entirely offset purported debts. While some untrained incompetent employees may willfully violate the FCRA to purposely destroy a consumers credit score in hope to collect purported disputed debts under duress, I demand compliance with the FCRA, FDCPA and every other statute. In my opinion, Furnishers/Debt Collectors are best served by permanently DELETING from credit files Disputed/Uncollectible accounts to mitigate damages from Furnisher/user errors and willful unlawful conduct. Every interaction with a creditor, a CRA and/or debt collector constitutes an opportunity for me to obtain statutory, punitive and other damages, including attorney fees, when laws are broken for willful and negligent non-compliance with known statutory requirements and protocols. The best possible settlement obtainable would be to walk away and abandon any and all disputed purported uncollectible claims otherwise I will be one your creditors with exponentially increasing claims after you continue to violate my rights. I never agreed to permit anyone to report inaccurate or incomplete information of any kind on my credit report. I have never been offered my statutory right to OPT-IN or OPT-OUT of credit reporting to protect my right to privacy to prevent FCRA violations. I hereby unconditionally and unilaterally REVOKE and terminate for CAUSE any imaginable right to report data of any kind on any of my credit files with any CRA. Obligations under the FCRA, FDCPA and other debt collection and reporting statutes TRUMP any purported creditor claims so compliance of every statutes is a precondition to collect and report any purported claims. If you want to do business with consumers, you must first learn how to comply with extensive ever changing obligations, including XXXX XXXX, which is impossible to accurately report even by a specialist due to arbitrary and confusing possibilities. Stated another way, an original credit card purported creditor is not entitled to collect claims unless and until all its obligations have been satisfactorily completed without violations of any law. You should be careful to comply with mandatory statutory imposed record retention requirements to enable the CFPB to administer and carry out the purposes of the FCRA, FDCPA, the Dodd-Frank Act, as well as to prevent evasions thereof. The record retention requirements also will facilitate supervision of debt collectors and the assessment and detection of risks to consumers. The CFPB has published a comprehensive checklist to audit and insure compliance with regulatory obligations. I suggest you review the checklist to insure compliance before responding to me. You should know that as soon as Hurricane IAN hit me directly and my health was affected by XXXX and other health issues with other issues plus a wipe out of my checking account, I diligently contacted every creditor seeking publicized payment deferrals and other relief only to be effectively denied relief by incompetence. The general creditor response was to retaliate against me for merely asking for relief by inaccurately reporting every account inaccurately. No one knows how to code XXXX XXXX except for simple payment reporting but when things get changed errors are everywhere, either negligently or willfully. If I made 100% of my payments and if I was never late how could credit reporting agencies say I was 60 days delinquent? More importantly, I discovered that each CRA provided me with conflicting data on my paper reports and my paper reports did not contain all the data reported to CRAs under XXXX XXXX. Why is data reported on XXXX XXXX but concealed from my paper credit reports? Why do my paper credit reports only contain a small portion of data reported by XXXX XXXX and contained in my credit file? How can I properly dispute my credit file if 50% of the data in my CRA file is concealed from consumers? How can I discover inaccurate data on my credit file if 50% of data is concealed from me and excluded from my paper credit reports? The entire credit reporting system is a disgrace in complete disregard for consumers rights and rights to privacy. Every communication with a creditor seemed to result in negligent data entry errors by users. Furnishers are incapable of complying with statutory obligations and the XXXX XXXX system. Again, I need every document, including every XXXX XXXX submission, submitted to every CRA to compare my numerous paper reports with data in my credit files reported via XXXX XXXX Moreover, many of the XXXX XXXX data fields are reported blank forcing fraudulent submission overrides rather than blocking incomplete or conflicting data. Even when errors are discovered and acknowledge by top senior bank officials in charge of USA credit cards, nobody knows how to correct inaccurate reporting even after reporting ETHICAL misconduct to the bank Chairman of the Board. One bank even hires incompetent High School Graduates to handle CFPB disputes without any knowledge of the FCRA or XXXX XXXX protocols and obligations. I subscribe to a variety of services so I see daily changes to my credit files so I see the daily mistakes of credit reporting by erroneous coding under XXXX XXXX. Many Many Many times I see a DISPUTE ADDED one day and then fraudulently and inaccurately REMOVED the next day. Everyone knows that Debt Collectors try not to report Disputes, even though required, as a dispute may not negatively affect a credit score which may hinder chances to force consumers to pay even fraudulent disputed claims as consumers generally want good scores. Well, the system tanked my scores needlessly! Is your Debt Collector commission of peanuts worth $XXXX+ in attorney fees and punitive damages? Do you want to risk the CFPB coming after you demanding $XXXX+? Do you want to lose clients and be put out of business by the CFPB? I object to having accounts reported on my credit reports as reporting is unconscionable!
While your letter fails to disclose what I consider a complete mandatory inclusion of the statutes set forth at the beginning for consumers rights regarding Debt Validation, I am responding even though the failure to respond would not have consequences in litigation. The CFPB and others suggest some of below type of questions for Debt collectors to respond to. I like to purposely repeat points so that there can be no misunderstanding about what I am writing about and requesting.
Please supply the information below so that I can be fully informed:
Why you think I owe the purported debt and to whom I owe it, including:
The name and address of the creditor to whom the purported debt is currently allegedly owed, the complete account number used by that creditor and the previously issued account numbers, if any, the complete account number reported to every CRA for current and past account numbers and the detailed amount allegedly owed since inception including amounts and all data reported to every CRA. Please note that there is no reason to NOT report a complete account number in letters and credit files especially when an account has been closed to future transactions especially if consumers have ZERO liability for unauthorized activity, especially after closure. If an account has been closed or an account number has changed in the last 7 years, please send documentary proof of the dates of closure and/or account number change and the dates reported of the mandatory mid-cycle update to every CRA to ascertain whether the mandatory XXXX XXXX protocols have been compliant or violated.
If this purported debt started with a different creditor, provide the name and address of the original creditor, the entire account number used by that creditor, and the detailed amount owed to that creditor at the time it was transferred. When you identify the original creditor, please provide any other name by which I might know them, if that is different from the official name. In addition, tell me the exact date and complete terms of the relationship when the current creditor and/or debt collector obtained the purported debt and who the current creditor obtained it from.
Provide verification and documentation that there is a valid basis for claiming that I am required to pay the purported debt to the current creditor. For example, can you provide a copy of the written agreement that created my original requirement to pay? Again, I need to know about any ARBITRATION provision buried into any original or amended agreements as I cannot rely on the search results of the CFPB or other websites. I also need any purported contract provision that authorized the reporting to a CRA (if it exists) which I hereby revoke as invalid ab initio if any data was inaccurately reported to any CRA, either willfully or otherwise. Reporting to a CRA must be 100% accurate otherwise DELETION is mandatory. Inaccurate credit reporting, standing alone, is unconditional grounds to bar future credit reporting at the request of a consumer to guarantee the consumers right to privacy. I object to credit reporting of all my closed and disputed accounts due to willful violations of the FCRA and other statutes.
If you are asking that I pay a purported debt that somebody else is or was required to pay, (such as an insurance company through a credit card benefit) identify that person or entity. Provide verification and documentation about why this is a purported debt that I am required to pay.
The amount and age of the purported debt, including:
A copy of the every billing statement sent to me by the purported original creditor since inception.
State the required Date of First Delinquency (month/day/year) with the detailed amount of the purported debt when you obtained it, and when that was.
If there have been any additional interest, fees or charges added since the last billing statement from the purported original creditor, provide an itemization showing the dates and amount of each added amount. In addition, explain how the added interest, fees or other charges are expressly authorized by the agreement creating the debt or are permitted by law. If my purported account has been closed, state the date closed, and every change of interest rate thereafter including rate justification after closing. If my purported account involves any CFPB claims and disputes for statutory or other damages for willful FCRA or other disputes, please identify precisely offsets of claims in statements and balances reported to every CRA.
If there have been any payments or other reductions since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each of them.
If there have been any other changes or adjustments since the last billing statement from the original creditor, please provide full verification and documentation of the amount you are trying to collect. Explain how that amount was calculated. In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law.
Tell me when the creditor claims this debt became due and when it became delinquent.
Identify the date of the last payment and amount made on this account.
Have you made a determination that this debt is within the statute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that.
Details a
|
| Consumer Consent Provided |
Consent provided
|
|
|
10016235
|
2024-09-05
|
Attempts to collect debt not owed
|
Debt collection
|
|
| Issue |
Attempts to collect debt not owed
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Debt was paid
|
| Sub Product |
Credit card debt
|
| Date Received |
2024-09-05
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-09-05
|
| Complaint What Happened |
On XX/XX/year>, I stated to XXXX XXXX ( agent ) that the debt for {$4700.00} had been settled and the approved 1099A via IRS was attached to this certified email. Also, XXXX XXXX was asked for the validation and verification of debt, as well as the binding contract between two parties ( us ). No reply was given. On XX/XX/year>, my second certified email was sent to XXXX XXXX, stating that the debt was settled and XXXX was provided with the same evidence as before however the person 's certificate of good standing was now also attached to the certified email. No response was given. On XX/XX/year>, I reported XXXX XXXX to the IRS for not providing a W9 upon request, so that the accounting ( if needed ) could be addressed. On XX/XX/year>, XXXX XXXX summons for court was refused and not consented to on public record. This account has been settled, paid and verified via IRS and XXXX ( good standing, paid on time & {$0.00} balance ).
|
| Consumer Consent Provided |
Consent provided
|
|
|
8259206
|
2024-01-31
|
Written notification about debt
|
Debt collection
|
|
| Issue |
Written notification about debt
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Didn't receive enough information to verify debt
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| Sub Product |
I do not know
|
| Date Received |
2024-01-31
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-01-31
|
| Consumer Consent Provided |
Consent not provided
|
|
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7534984
|
2023-09-12
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Attempts to collect debt not owed
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Debt collection
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|
| Tags |
Older American
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| Issue |
Attempts to collect debt not owed
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
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| Product |
Debt collection
|
| Sub Issue |
Debt is not yours
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| Sub Product |
Credit card debt
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| Date Received |
2023-09-12
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| Submitted Via |
Web
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| Company Response |
Closed with explanation
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| Consumer Disputed |
N/A
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| Date Sent To Company |
2023-09-12
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| Complaint What Happened |
Part 2 of 2. Files XXXX & XXXX XXXX XXXX & XXXX. Details about your authority to collect this debt.
I would like more information about your firm before I discuss ( in writing, of course ) the debt with you. Does your firm have a debt collection license from my state? If not, say why not. If so, provide the date of the license, the name and previous names on the license, the license number, the valid status of the license and the name, address and telephone number of the state agency issuing the license. Also provide me with any name currently and previously included as a debt collector for making CFPB complaints on its website.
If you are contacting me from a place outside my state, does your firm have a debt collection license from that place? If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license.
I have asked for this information because I have some questions. I need to hear from you in writing with all documentation requested herein to make an informed decision about your claim that I owe this money. I expect a one time written communication for this purpose but only in writing provided you fully address each and every item of requested data I seek. In order to make sure that I am not put at any disadvantage, in the meantime please treat this purported debt as being in dispute in its entirety. Nothing contained in my letter should be construed in any way as an admission of any responsibility whatsoever for the purported claim. Failure to respond in writing controverting my allegations and points shall be deemed your admission by your non response and all conflicts shall be resolved in my favor.
In addition to providing the information requested above, please let me know whether you are prepared to pay me for statutory and punitive damages in an amount not less than the balance you are claiming is owed. If so, please tell me in writing your offer with the amount you will pay me to fully resolve the account with an exchange of mutual general releases which, of course, would require permanent deletion from every CRA file of any reported data, if any.
In addition to the Federal Fair Debt Collection Practices Act, the Florida Consumer Collection Practices Act prohibits harassment, false or misleading statements and unfair practices by collection agencies and debt collectors. Some violations of these acts are listed below : 1. They threaten to tell your employer or neighbors about the debt ; 2. Threaten violence against you ; 3. Threaten to have you arrested ; 4. Communicate with you or your spouse more than three times a week ; 5. Harass, intimidate, threaten or embarrass you ; 6. Imply that documents sent to you are legal documents or government documents ; 7. Imply that you can be deported ; or 8. Solicit a postdated check in order to threaten criminal prosecution.
The CFPB and advocates recommend consumers to also check to see if their state licenses debt collectors and if the company that is contacting them is licensed. If a state does not license debt collectors, check the registry for a neighboring state. Some states also provide licensing information to the XXXX XXXX XXXX XXXX at XXXX. That website will thus provide a few more states where the debt collector might be licensed. I purposely repeat myself to make it clear that I need to know complete details of what licenses you are required to have and what licenses you have.
The CFPB and others recommend the Stop Contact or Cease Letter strategy to stop collection harassment by writing the collector a stop contact letter, also called a cease letter. Then the collector can only acknowledge the letter and notify the consumer about legal steps the collector may take. This protection usually only applies to collection agencies hired by the creditor or debt buyers that purchased debts from the creditor, but even creditors collecting their own debts must honor such requests as basic agency law requires creditors to be responsible for actions of the bill collector agents. Again, as stated above purposely several times to make the point absolutely clear, please stop contact and cease further communication of any kind whatsoever.
I have also stated several times what advocates call the Exempt Income Letter to avoid fruitless expenses. If a consumers only sources of income are state or federal government benefits, their income may most likely be exempt or protected from collection. If the collector is informed that government benefits are the consumers only source of income, the collector may voluntarily stop contacting them about the alleged debt. Collectors can be informed that all of the consumers income is exempt which I have done to avoid an unreasonable multiplicity of proceedings having no purpose. Again, All of my limited income is from EXEMPT sources!
Again, you should consider this a Dispute Letter as I DISPUTE the entire purported claim. If the consumer believes the debt is not theirs, that the amount is incorrect, or that there is some other error, the consumer or their attorney should send the collector a dispute letter. Collectors make a lot of mistakes and disputing the debt may help resolve the matter.
Federal law requires debt collectors to provide validation information about the alleged debt and consumers rights to dispute the debt. Collectors will be able to provide this information in writing.
It is recommended that if a debt collector claims to have sent a notice previously but the consumer never received it, ask for another copy. Keep a copy of any letters that are sent. It is best to send the letter by mail, return receipt requested. A CFPB complaint is the best method to document a DISPUTE and Debt Validation as it not only proves delivery to the Debt Collector but it requires the Debt Collector to respond promptly. Debt Validation letters and Disputes can also be sent electronically using any type of electronic communication that the debt collector uses to accept consumer communications. If the collection agency accepts emails from consumers, the dispute letter can be sent via email. To insure this letter is not lost, delayed in the mail or mishandled by the Debt Collector, I am also sending this letter with any attachments via the CFPB Complaint Portal and website to assure receipt and guarantee a timely response.
Advocates such as the CFPB state that a dispute letter may be combined with a request for more information in a Verification Letter.
Often it is not even clear what debt a collector is contacting the consumer about, and in that case, the consumer should not pay the collector until more information is obtained. Federal law requires debt collectors to provide validation information about the alleged debt. However, the consumer may still have more questions about the alleged debt. My letter demands documentation which is indispensable in determining the amount and validity of the purported claim.
The FCRA requires every CRA and Furnishers to maintain reasonable procedures in their operations to assure maximum possible completeness and accuracy of data in the credit reports they report and publish. Credit reporting laws ensure that bureaus report only 100 % accurate credit information. The CFPB has repeatedly criticized the dispute process involving Furnishers and CRAs. CRAs routinely fail to forward complete written disputes to Furnishers and routinely PARROT non existent investigations and certifications from Furnishers and fail to delete and prevent known Facially False Data in violation the recent directives of XXXX XXXX, CFPB Director. To enforce the FCRA, I have filed multiple direct and indirect CRA/Furnisher written disputes including about 100 CFPB complaints yet virtually no dispute is listed on my credit reports as Disputed as required in willful violations of the FCRA and XXXX XXXX protocols. To the extent that your purported debt has been directly or indirectly included in any of my written disputes, in accordance with The Fair Credit Reporting Act, Public law 91-506, Title VI, Section 611, Subsection A-D, please provide ( in addition to all facts regarding investigation records ) the names and business addresses of each individual with whom you client verified the purported debt reporting above, so that I may follow up. Every step must be taken to assure the information reported is completely accurate and correct. Furthermore, each of my credit reports for each account contain different and conflicting data on my paper credit reports and data required from Furnishers is either negligently or purposely missing, impossible, incorrect or conflicting and more importantly, Data submitted through XXXX XXXX is not contained on my paper credit reports resulting unknowingly to be of current accounts being falsely reported as 60 days late with credit scores being up to XXXX points lower than expected. XXXX XXXX compliance is out of control. For your purported debt, if it has been reported to a CRA, I need the actual XXXX XXXX submissions ( translated into English ) for the last 3 years including every monthly and required interim submissions. If I have ever disputed an account with any creditor, I expect every credit report to continually contain the required and mandatory notice that it is DISPUTED which is not happening constituting willful FCRA violations. Any further violations of federal statutes will incur liability for actual, statutory, and punitive damages plus attorney fees and costs.
15 USC 1681s-2 : Responsibilities of furnishers of information to consumer reporting agencies Text contains those laws in effect on April 28, 2023 1681s2. Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.
( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if- ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.
I insist on 100 % compliance with all FCRA and all statutes and knowingly reporting inaccurate information after notice shall constitute willful and negligent violations of the FCRA, subjecting violators to statutory damages of {$1000.00} per incident plus huge punitive damages for repeated known repeated violations. Any current or future debt collector or debt buyer is obligated to investigate and ascertain the extent of and existence of actual or potential FCRA violations before furnishing data to any CRA.
To insure compliance with the FCRA and other statutes, your written response must include the purported exact month-day-year for the Date of First Delinquency and the exact day-month-year that the disputed claim would be required to be deleted from every CRA account under the 7 year statute of limitations for credit reporting assuming no payments are made in the future.
There is a Duty to Provide Notice of Delinquency of Accounts. In order for there to be a uniform date by which all consumer reporting agencies would compute the seven-year reporting period for adverse items of information, Congress included section 623 ( a ) ( 5 ) with the intent that the seven-year reporting period begin with the commencement of the delinquency rather than any other date. That section of the FCRA states that " a person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall. .. notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action. My credit reports for every CRA and for most accounts fails to report the mandatory date of First Delinquency in violation of law.
Virtually every account on each of my credit reports fails to list my account as DISPUTED pursuant to the clear statute requirements. Failing to list a disputed debt as disputed on every CRA is purposely done by Furnishers for a sinister purpose to harm consumers as much as possible to lower credit scores. Once you dispute a debt to a credit reporting agency, they must report that debt as disputed on your credit file and in your credit reports. Also, if you dispute a debt to one of the three major credit reporting agencies ( XXXX, XXXX, or XXXX ), that particular agency must notify the other two bureaus that you dispute the debt. Failing to list the account as disputed, after a valid dispute has been sent to the credit reporting agency, is a violation of the FCRA. Not only are none of my valid disputes listed as disputed on my credit reports, but once a CRA lists my account as Disputed, virtually the next day the Furnisher will erroneously, purposelessly, maliciously, abusively, willfully, deliberately, intentionally and frivolously remove and delete the Disputed required entry using XXXX XXXX mid-cycle unauthorized and prohibited entries in violation of the Facially False Data prevention requirements recently explained in detail by CFPB Director XXXX XXXX. Not only is the entire XXXX XXXX system unworkable but employees are not adequately trained to insure accurate data coding. Willful failures to report accounts as Disputed and closed carry statutory damages of {$1000.00} plus punitive damages for each violation for every time the required entry was changed or deleted. I insist on 100 % compliance with the FCRA and other statutes mandating deletion if all disputed entries permanently.
A common FCRA violation is when a creditor posts late payments after the debt has charged off a past due balance. I will Document this violation by highlighting the accounts on every CRA and by filing a direct and indirect dispute with the Furnisher and every CRA. Care should be taken by the disputed purported debt collector to avoid violating any statutes, if it is stupid enough to report my data to any CRA.
The United States Supreme Court has held that willful violations of the FCRA include violations committed in reckless disregard of a company 's obligations under FCRA. XXXX XXXX. XXXX, XXXX XXXX at XXXX. This standard of willfulness is now the law of the land.
In 526 F.3d 142 ( 2008 ) SAUNDERS V. BRANCH BANKING AND TRUST COMPANY OF VIRGINIA and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Incorporated XXXX XXXX XXXX XXXX XXXX the United States Court of Appeals , Fourth Circuit wrote : On XX/XX/XXXX, XXXX brought this suit, alleging that XXXX XXXX XXXX violated its duties as a furnisher of information under FCRA , 15 U.S.C.A. 1681s-2 ( b ) ( 1 ), by failing to report the dispute. At the conclusion of the trial, the court instructed the jury on XXXX XXXX XXXX XXXX statutory duties as a furnisher of information. The trial court also instructed the jury that it could find XXXXXXXX XXXX XXXX had violated FCRA by failing to report the ongoing dispute After deliberation, the jury returned a verdict finding that XXXX XXXX XXXX had intentionally violated its duties under FCRA. The jury awarded XXXX no compensatory damages but did award the maximum possible statutory damages of {$1000.00} and punitive damages of {$80000.00}. WOW!!! This means that the failure of a Furnisher to report a DISPUTE on a consumers credit report could result in statutory damages of {$1000.00} plus punitive damages of {$80000.00}. Failure to list my account as dispute, in violation of law, will not help collection efforts and only result in huge damages to ensure and enforce compliance. While many attorneys recommend filing lawsuits right away for obvious FCRA and FDCPA violations, I prefer to give violators repeated notices as I prefer to get {$80000.00} instead of {$1000.00} when a violator is stupid.
I have a right to Privacy. Due to extensive and widespread malicious Willful violations of the FCRA, to protect my right to privacy, I hereby immediately OPT OUT and permanently revoke any right to report data on any of my credit reports as otherwise permitted and set forth in section 313.15 - Other exceptions to notice and opt out requirements- ( 5 ) ( i ) To a consumer reporting agency in accordance with the Fair Credit Reporting Act ( 15 U.S.C. 1682 et seq. or ( ii ) From a consumer report reported by a consumer reporting agency. The exceptions can apply if and only if every Furnisher and every CRA comply with ALL of their obligations under the FCRA. Once known violations of the FCRA have been disputed with Furnishers and every CRA multiple times without correction or deletion as required, the rights to report is deemed automatically revoked and an affected consumer may unilaterally OPT OUT entirely of credit reporting in the interest of justice. Consumer rights to OPT OUT from credit reporting to prevent inaccurate reporting TRUMP the rights of disputed creditors to flagrantly abuse the FCRA with impunity. The CFPB recently filed an amicus brief, arguing that furnishers are statutorily obligated to investigate both legal and factual questions raised in consumer disputes. The CFPB 's brief acknowledges that several federal courts have distinguished between " factual '' and " legal '' questions in determining the obligation of CRAs to investigate disputes under 15 U.S.C. 1681i. I need a complex analysis of the factual and legal issues and documentation requested herein rather than a worthless bare unsupported denial or statement.
Every Furnisher and CRA has failed to comply with any of their obligations as set forth in the below statute which is simple to understand.
623. Responsibilities of furnishers of information to consumer reporting agencies [ 15 U.S.C. 1681s-2 ] ( a ) Duty of furnishers of information to provide accurate information.
( 1 ) Prohibition.
* Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.
* Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.
( C ) No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to speciry such an address ( 2 ) Duty to correct and update information. A person who * regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person 's transactions or experiences with any consumer : and * has furnished to a consumer reporting agency information that the person determines is not complete or accurate shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information. that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.
1. Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.
2. Duty to provide notice of closed accounts. A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed.
3. Duty to provide notice of delinquency of accounts. A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action.
( b ) Duties of furnishers of information upon notice of dispute.
( 1 ) In general. After receiving notice pursuant to section 611 ( a ) ( 2 ) [ 1681i ] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall * conduct an investigation with respect to the disputed information; * review all relevant information provided by the consumer reporting agency pursuant to section 611 ( a ) ( 2 ) [ 168li ] ; * report the results of the investigation to the consumer reporting agency ; and * if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished Simply stated, Furnishers and every CRA willfully and negligently failed to fulfill their mandatory obligations. States and federal authorities seem to attempt to license every possible type of employee, even dog sitters and dog catchers! If a doctor and lawyer needs to be licensed, then it is more important that a XXXX XXXX compliance expert is more important to be licensed to protect the privacy rights of consumers. Send employees back to XXXX XXXX school and refrain from permitting new untrained employees to inaccurately code data entries on consumer credit reports. Some system needs to be in place with comprehensive internal controls to protect consumers from BOTS, PARROTS, and XXXX 2 digit codes summarizing complaints without reading and forwarding disputes to Furnishers and other CRAs. We do not need untrained high school students doing the job required by certified EXPERTS. Simple Facially False Data is unable to be detected and corrected after repeated disputes where a Furnisher admits inaccuracies. The entire credit reporting system is a disgrace and the CFPB needs to punish individual violators. I demand complete 100 % compliance with all statutes, federal and state, as a precondition for receiving payment if any kind. CRAs created an unworkable monster with the creation of XXXX XXXX and statutory and punitive damages are the sole remedy to provide consumers with rights required by statutes. We need Senator XXXX XXXX to continue to partner with CFPB Director XXXX XXXX, to lay down the hammer on violators and individual Officers who continue to XXXX XXXX consumers as part of their DNA.
Wouldnt you agree that deliberate violations of the FCRA which unjustly reduces a credit score by XXXX points is wrong? How would you like it if your Mom and Dad were wrongly affected by life changing FCRA willful violations? How would you like it if your employer fired you, your spouse or your adult children for repeated willful violations of federal statutes? How would you like it if the CFPB banned you for life from participating in the business you have worked in for 20 years? How would you like it if all of your assets and sources of income were frozen and taken away?
Have a heart and dont take your job so seriously that you will work for peanuts to damage innocent XXXX XXXX citizens who only seek to live the final few years of their life in peace without XXXX abuse!
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| Consumer Consent Provided |
Consent provided
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9976013
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2024-08-31
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Attempts to collect debt not owed
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Debt collection
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|
| Issue |
Attempts to collect debt not owed
|
| Timely |
Yes
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| Company |
RAS LaVrar, LLC
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| Product |
Debt collection
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| Sub Issue |
Debt is not yours
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| Sub Product |
Credit card debt
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| Date Received |
2024-08-31
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| Submitted Via |
Web
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| Company Response |
Closed with explanation
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| Consumer Disputed |
N/A
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| Date Sent To Company |
2024-08-31
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| Complaint What Happened |
In early XXXX I was embarrassingly informed of a judgment against me through my employer. My employer shared a mailing received from RAS LaVrar Law Offices attempting to garnish my wages for a debt owed to XXXX. Being a single mother and relying on each paycheck to make ends meet I immediately filed for a claim of exemption to prevent my wages from being garnished in XXXX of XXXX. This exemption was granted on XX/XX/XXXX. During my hearing I requested a contact number from the individual representing the law firm ( via phone ) so that I XXXX dispute this debt. I contacted this number several times from XXXX through the summer of XXXX requesting proof that this debt was in fact mine. I also filed a credit card fraud claim with XXXX. XXXX denied my claim stating my social security number and date of birth matched their records, payments were made from XX/XX/XXXX - XX/XX/XXXX and prior communication with collections department stated no mention of account being fraudulent. I then received a letter in XXXX of XXXX from the law office stating their client ( XXXX ) verified the debt owed and the only proof attached was a final summary judgement filed on XX/XX/XXXX. The ONLY XXXX credit card I ever applied for and possessed was opened in XX/XX/XXXX, Closed in XX/XX/XXXX and the credit limit was {$300.00}. My XXXX XXXX credit report reflects this information and shows the status of this account Paid, Closed/Never late ( if you note above XXXX claims I made payments through XXXX of XXXX, why would I make payments towards a closed account? ). The judgement XXXX filed in XXXX states I owe {$5700.00} on principal. My current credit reports from all XXXX credit bureaus do not reflect any debt owed or in collections to XXXX. I would also like to mention that XXXX had a data breach that occurred in XXXX. I simply do not understand how I could have incurred a debt of over $ XXXX on a credit card that had a limit of only {$300.00}.
XXXX years later, I have now again received a letter by mail dated XX/XX/XXXX from RAS LaVrar law offices requesting documents providing ALL my personal information including bank statements, paychecks, etc., in an attempt to again try and collect this debt that is not mine.
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| Consumer Consent Provided |
Consent provided
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10525737
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2024-10-21
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Took or threatened to take negative or legal action
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Debt collection
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|
| Issue |
Took or threatened to take negative or legal action
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| Timely |
Yes
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| Company |
RAS LaVrar, LLC
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| Product |
Debt collection
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| Sub Issue |
Sued you without properly notifying you of lawsuit
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| Sub Product |
Credit card debt
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| Date Received |
2024-10-21
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| Submitted Via |
Web
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| Company Response |
Closed with explanation
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| Consumer Disputed |
N/A
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| Date Sent To Company |
2024-10-21
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| Complaint What Happened |
XXXX Default Judgment XXXX Default Judgment XXXX Default Judgment I was never notified of this attempt to collect and contacted the attorney listed to obtain proof of service or to vacate the judgement. I was not aware, nor was I residing in the state of XXXX so I would not have had the opportunity to contest. I want these, they have disregarded my request for proof.
Attorney : Ras Lavrar Address : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Phone : XXXX Toll-Free:XXXX XXXXXXXXXXXX XXXX XXXX XXXXXXXX Website : https : //www.raslavrar.com
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| Consumer Consent Provided |
Consent provided
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7592349
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2023-09-22
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Attempts to collect debt not owed
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Debt collection
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|
| Tags |
Older American
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| Issue |
Attempts to collect debt not owed
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| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Debt is not yours
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| Sub Product |
Credit card debt
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| Date Received |
2023-09-22
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| Submitted Via |
Web
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| Company Response |
Closed with explanation
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| Consumer Disputed |
N/A
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| Date Sent To Company |
2023-09-22
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| Complaint What Happened |
Notice of case assignments for my filing demands for consumer arbitration with XXXX. To : XXXX XXXX, XXXX, RAS LaVrar , LLC XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, FL XXXX. RE : your client XXXX XXXX XXXX, XXXX. Reference XXXX From : XXXX XXXX. Please take notice that on XX/XX/, I filed 4 multiple 25 + page comprehensive Consumer Demands For IN-PERSON Arbitration with XXXX which have been assigned 4 separate case numbers which I will seek to be resolved in hearings with separate arbitrators. XXXX was served on XX/XX/XXXX with all my 4 individual case filings and XXXX other counsel has been communicating with XXXX to, among other things, pay 100 % of the filing and arbitrators fees as my consumer fees have been paid what is due. The arbitration cases relate to every one of my 4 XXXX accounts, including those that I have received notice that have been assigned to you as a Debt Collector, Including your files with reference numbers XXXX. I write to you as a courtesy so you can immediately communicate with your client to avoid duplicate, wasteful, unnecessary and improper barred communications for matters NOW handled by other law firms of XXXX. As you know, I have been demanding for almost a year that XXXX file its claims with the XXXX pursuant to the arbitration provisions. Due to XXXX failure to file its claims with XXXX, I had no other choice but to file claims myself as Claimant in 4 separate cases. I strongly suggest that you promptly recommend to your client that you proceed with your own claims in its own separate arbitration demand filings, the forum required by the arbitration clause written by XXXX. I demand arbitration! I will not tolerate any frivolous attempts to litigate disputes in courts and I will automatically and permanently STAY any attempts to bypass arbitration by XXXX filing court complaints. Lets Arbitrate! Sincerely XXXX XXXX
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| Consumer Consent Provided |
Consent provided
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|
8305204
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2024-02-07
|
Took or threatened to take negative or legal action
|
Debt collection
|
|
| Issue |
Took or threatened to take negative or legal action
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| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
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| Product |
Debt collection
|
| Sub Issue |
Sued you without properly notifying you of lawsuit
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| Sub Product |
Credit card debt
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| Date Received |
2024-02-07
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| Submitted Via |
Web
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| Company Response |
Closed with explanation
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| Consumer Disputed |
N/A
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| Date Sent To Company |
2024-02-07
|
| Complaint What Happened |
As of XXXX XXXX XXXX XXXX account was closed and placed on a 48 month payment plan of {$15.00} to begin on XXXX XXXX XXXX. A checking account was required on file for monthly payments to be withdrawn automatically. The terms of this agreement clearly stated " Your current balance is {$610.00}. Your payments of {$15.00} are scheduled to be withdrawn monthly, from XXXX. The benefits of your Payment Plan will remain in effect on your account indefinitely and will not expire. This includes the special lower annual percentage rate ( APR ) for purchases, no late fees, and your fixed monthly payment of {$15.00}. '' Additionally, " Under this plan, you are only required to pay the agreed upon, fixed monthly payment amount of {$15.00} each month, by your Payment Due Date. Please note, the Minimum Payment Due on upcoming statements may be greater than the required fixed monthly payment because of past due amounts, but you are only required to pay your fixed monthly payment amount. '' Prior to the XXXX due date, several attempts were made to log in and verify the payment plan as well as make an initial payment. These attempts were met with a login prompt stating " We're unable to log you into XXXX XXXX XXXX. Please contact us at XXXX. '' Upon calling this number, the representative stated that the account had been charged off and provided a separate number to contact. This clearly indicates that XXXX XXXX XXXX XXXX XXXX did not honor the terms of this payment plan. The account was assigned to RAS LaVrar LLC who initiated collection activities beginning XXXX which further confirms that the terms of the payment plan were not honored.
The correspondence from XXXX XXXX XXXX XXXXe until XX/XX/XXXX to dispute the debt in writing with supporting documents. Once received and disputed by that date, this correspondence also stated that they were obligated to stop all collection activities and provide information to show that the debt was validated. On XXXX XXXX XXXX XXXX, email correspondence of dispute along with supporting documentation was sent to XXXX XXXX raslavrar. On XXXX XXXX XXXX XXXX RAS LaVrar LLC through USPS Signature Confirmation received written notice of this dispute along with supporting documentation. On XXXX XXXX XXXX XXXX, this same documentation was received by XXXX XXXX through USPS Certified Mail with Return Receipt Signature provided.
As of today, XX/XX/XXXX, neither entities have provided information regarding this alleged debt which exceeds the legally allowed 30 days. Subsequently, RAS LaVrar LLC violated CFPB laws by ignoring the dispute they signed for through not providing the requested information they stated to uphold in their correspondence sent on XX/XX/XXXX, and proceeded to file suit on XX/XX/XXXX. In this suit, under Account Stated, they claim no objection was made to the statement. However, later in this filing, they include a statement from XXXX XXXX with a closing date of XX/XX/XXXX and due date of XX/XX/XXXX with an important message stating " Your account is now on a payment plan. Under this plan you are only required to pay the fixed amount of {$15.00}, by your payment due date, to stop the account from falling further past due. Paying the {$260.00} minimum payment due shown on this statement, which includes past due amounts, would bring the account current, but you don't need to pay any more than the fixed payment amount. '' By provision of this document in their suit, RAS LaVrar LLC has not only admitted they are in violation of CFPB laws through not responding to the dispute within 30 days, but that they are also in agreement that the terms of the payment plan exist and were in fact breached by them and XXXXXXXX XXXX
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| Consumer Consent Provided |
Consent provided
|
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|
8016339
|
2023-12-17
|
Attempts to collect debt not owed
|
Debt collection
|
|
| Issue |
Attempts to collect debt not owed
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Debt is not yours
|
| Sub Product |
I do not know
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| Date Received |
2023-12-17
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| Submitted Via |
Web
|
| Company Response |
Closed with explanation
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| Consumer Disputed |
N/A
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| Date Sent To Company |
2023-12-17
|
| Consumer Consent Provided |
Consent not provided
|
|
|
9819459
|
2024-08-16
|
Attempts to collect debt not owed
|
Debt collection
|
|
| Issue |
Attempts to collect debt not owed
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Debt is not yours
|
| Sub Product |
Credit card debt
|
| Date Received |
2024-08-16
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2024-08-16
|
| Complaint What Happened |
XXXX XXXXXXXX XXXX XXXX has recently taken money out of my checking account and put it on hold. I can no longer use my account or receive any money and get paid from my current job. They are saying that I owe {$XXXX} in debt to a target credit card that was opened in XXXX. I have no recollection of ever owning this card and owing any money on it. When I looked up my case number on the clerk of courts website, the history on this case doesnt make sense. There are certain documents where they are saying that the person that was served as a XXXX female with XXXX hair. I am a XXXX female with blonde hair. it also said the surname was XXXX. That is not my surname.
|
| Consumer Consent Provided |
Consent provided
|
|
|
7593132
|
2023-09-22
|
Attempts to collect debt not owed
|
Debt collection
|
|
| Tags |
Older American
|
| Issue |
Attempts to collect debt not owed
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Debt is not yours
|
| Sub Product |
Credit card debt
|
| Date Received |
2023-09-22
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2023-09-22
|
| Complaint What Happened |
Notice of case assignments for my filing demands for consumer arbitration with XXXX.
To : XXXX XXXX, XXXX, RAS LaVrar , LLC XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX. From : XXXX XXXX. Please take notice that on XX/XX/2023, I filed multiple comprehensive Consumer Demands For IN-PERSON Arbitration with XXXX which have been assigned case numbers. XXXX was served on XX/XX/2023 with all my individual case filings and XXXX other counsel has been communicating with XXXX to, among other things, pay 100 % of the filing and arbitrators fees. The arbitration cases relate to every XXXX account which has been assigned to you as a Debt Collector, Including your files with reference numbers XXXX and XXXX. I write to you as a courtesy so you can immediately communicate with your client to avoid duplicate, wasteful, unnecessary and improper barred communications for matters NOW handled by other law firms of XXXX. I am confused that XXXX has assigned the same accounts to multiple law firms but some day XXXX may get its ducks in a row. As you know, I have been demanding for almost a year that XXXX file its claims with the XXXX pursuant to the arbitration provisions. Due to XXXX failure to file its claims with XXXX, I had no other choice but to file claims myself as Claimant. I strongly suggest that you promptly recommend to your client and get its approval to voluntarily dismiss all pending state court actions without prejudice to mitigate damages. Sincerely, XXXX XXXX
|
| Consumer Consent Provided |
Consent provided
|
|
|
3974397
|
2020-11-25
|
False statements or representation
|
Debt collection
|
|
| Issue |
False statements or representation
|
| Timely |
Yes
|
| Company |
RAS LaVrar, LLC
|
| Product |
Debt collection
|
| Sub Issue |
Attempted to collect wrong amount
|
| Sub Product |
Credit card debt
|
| Date Received |
2020-11-25
|
| Submitted Via |
Web
|
| Company Response |
Closed with explanation
|
| Consumer Disputed |
N/A
|
| Date Sent To Company |
2020-11-25
|
| Consumer Consent Provided |
Consent not provided
|
|
