Date Received: 2022-02-23
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: They call me 3-5 times a day and on numerous times I have requested written communications only. I have requested Debt Validation months ago and still have yet to receive anything. Also call my family member and harass them.
Company Response:
State: MI
Zip: 480XX
Submitted Via: Web
Date Sent: 2022-02-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-22
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I don't owe anything to ERC with account number XXXX. They should have confirmed this from the Original Creditor ( XXXX XXXX ) since I have made my payment to them. Investigate this account thoroughly and make the necessary correction or just remove the account automatically.
Company Response:
State: MI
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-02-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-20
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: A loan was taken out in my name in 2018 with XXXX XXXX in California. I have never lived or visited California it is a fraudulent account.
Company Response:
State: GA
Zip: 30021
Submitted Via: Web
Date Sent: 2022-02-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-19
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: good evening. tonight I decided to submit a complaint on credit reporting agency experian for failing to comply for a deletion regarding a collection agency enhanced recovery. erc has not validated the alleged debt they are claiming under my name. I have sent erc debt validation letters on XXXX different occasions to XXXX different adresses and I have still not received no proof that I owe them anything. I have attached proof to this complaint showing all the dates, letters, correspondence from XXXX and XXXX letter from erc ( they didn't even acknowledge my validation letter that I sent ), all envelopes showing I sent the validation letters certified and even a printed copy from the XXXX postal service website showing they in fact received my XXXX letter and still have not replied let alone provide proof. erc received my letter XX/XX/XXXX and it is now XX/XX/XXXX. I know there are laws and rules that protect consumers from debt collectors and there illegal practices under the XXXX and experian is at main fault because they keep reporting this unvalidated account going against the fcra by reporting this. I have provided all the proof experian needed to delete this account and they still leave it on my report. I am exhausted. I have been dealing with this behavior from experian and erc since XX/XX/XXXX and I have had enough. I have no choice but to come to your website to file a complaint. there illegal practices and unproper procedures are causing me so much stress because I can't get approved for any credit lines. XXXX had deleted this account so I dont understand what experian has that XXXX didn't when only XXXX furnisher reports these items on reports. I have also heard about the new laws that has been taken place XX/XX/XXXX and erc is facing serious violations and so is experian.
Company Response:
State: TX
Zip: 77494
Submitted Via: Web
Date Sent: 2022-02-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-19
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: I'm not an attorney. I'm speaking on my own experiences. See Complaint ID XXXX for proof of documentation. ERC 's response is mischaracterized hearsay and is inadequate. My desired resolution includes monetary relief of which ERC did not acknowledge whatsoever. In fact, most of the violations described in my Affidavit of Truth were not acknowledged. If their account of events were true, they would have responded to my Affidavit of Truth in a timely manner, yet they refused to respond to it at all. I sent proof of my documentation, yet ERC makes claims of sending documentation that they fail to provide proof for. How can they be trusted? I never once received any documentation in response to my validation letter. I never received a notification that they would cease collection activity. I find it unlikely ERC removed my information from their accounts precisely 1 day before I submitted my CFPB complaint and about 160 days after their alleged validation of the referenced debt, I'd like to be shown proof. I demand that ERC show proof that I received their documentation, as I have provided, otherwise their account should be considered to be untrue in light of my Affidavit of Truth. At this point, I consider their ethics to be unconscionable, and if ERC 'S hearsay is to be considered truth without proof, I consider that to be unfair. These are violations of 15 USC 1692f and 15 USC 1692d. In Definitions 15 USC 1602 ( e ) the word " person '' is defined for the entire section as " A natural person OR an organization ''. Definitions in 15 USC 1692a ( 6 ) defines a debt collector as " ANY PERSON... who regularly collects or attempts to collect, directly, or indirectly, debts owed, or due, or asserted to be owed or due another ... '' therefore ERC must follow the FDCPA guidelines as a debt collector. I have the recorded phone call that I was given permission to record. Around the 9 minute mark, the initial representative 's superior ( XXXX ) is stating that they do not follow FDCPA guidelines and are unfamiliar with them in their entirety. As well as her statement that they didn't require my permission to furnish items on my consumer report, and that they regularly conduct business by disregarding permissible cause. The initial representative ( XXXX XXXX ) also stated that ERC did not require my permission to furnish negative items on my consumer report stating, " That's not how credit works '' earlier in the call. This call took place around XXXX and lasted over 12 minutes. During this time I told them how they were violating my federally protected rights as a consumer, the documentation they would receive, and that I expected my invoice to be paid within 30 days, as to avoid late fees. ERC was not attempting to " help '' me in any way, they wanted to strongarm me into paying a debt which they've confirmed was not validated. This call took place at a highly inconvenient time for me, which is another violation pursuant to 15 USC 1692c ( a ) ( 1 ), as I continuously stated. This entire call is a shining showcase of ERC 'S blatant disregard for the FDCPA and I have no problem providing it for everyone to hear since they believe they were so exemplary. ERC failed to fulfill my specified remedy, as the original creditor, outlined in my Cease and Desist letter. Pursuant to 15 USC 1692c ( c ) ( 2 ) I expressed that if any portion of the form i provided was not completed and returned with copies of all requested documents within 30 days upon their receipt that their claim can not and would not be considered. ERC, until now, failed to respond altogether. ERC 's claims to furnish negative and false items on my consumer report to defame my character and inevitably create unnecessary hurdles throughout my livelihood is considered by me to be a threat. I also consider any threat to be obscene language, which you will find in my recorded phone call. These are both direct violations of 15 USC 1692d ( 1 ) & ( 2 ). In their response, ERC verifies that they are a 3rd party entity that I have no contract with that obtained my location information by communicating with another person other than the consumer that has contacted me without my permission to attempt to collect an alleged debt they say I owe without any proof. The way ERC procured my location information is a violation of 15 USC 1692c ( b ), 15 USC 1692b, 15USC 1692b ( 2 ), ( 3 ) & ( 5 ). These are violations of my rights and I am demanding they pay the invoice they received immediately. If ERC would like to contact me to come to an agreement on what they owe me for violating my federally protected consumer rights, they can do that as well.
Company Response:
State: CA
Zip: 92345
Submitted Via: Web
Date Sent: 2022-02-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-16
Issue: False statements or representation
Subissue: Impersonated attorney, law enforcement, or government official
Consumer Complaint: This company which I have " NO CONTRACT '' with has no legal right to collect on this said debt. Reporting of the debt is a violation of the FCRA. Section 623 ( a ) ( 2 ), Section 623 ( a ) ( 1 ) ( B ), and Section 623 ( b ) ( 1 ) ( E ). Please provide me with a true and certified copy of the complete audit trail/Certified Final Forensic Internal Audit of said account. Furthermore, in order for this company to validate the debt, please provide verification through audit certification of debt entry in accordance with G.A.A.P., I.F.R.S., in accordance with basel 3 accord and U.N.C.I.T.R.A.L Conventions.
Company Response:
State: TN
Zip: 380XX
Submitted Via: Web
Date Sent: 2022-02-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-15
Issue: False statements or representation
Subissue: Impersonated attorney, law enforcement, or government official
Consumer Complaint: This company which I have " NO CONTRACT '' with has no legal right to collect on this said debt. Reporting of the debt is a violation of the FCRA. Section 623 ( a ) ( 2 ), Section 623 ( a ) ( 1 ) ( B ), and Section 623 ( b ) ( 1 ) ( E ). Please provide me with a true and certified copy of the complete audit trail/Certified Final Forensic Internal Audit of said account. Furthermore, in order for this company to validate the debt, please provide verification through audit certification of debt entry in accordance with XXXX, XXXX, in accordance with XXXX XXXX accord and XXXX XXXX
Company Response:
State: MO
Zip: 63137
Submitted Via: Web
Date Sent: 2022-02-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-15
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I am a victim of identity theft. I recently learned that my personal information was used to open an account at your company ERC. I did not open or authorize this account, and I request that it be closed immediately. Please send me written confirmation that I am not responsible for charges on this account, and take appropriate steps to remove information about this account from my credit files. I have enclosed a copy of my FTC Identity Theft Report. Because the information you are reporting is the result of identity theft, and inaccurate, I request that you stop reporting this information to the CRAs, as directed by section 623 ( a ) ( 1 ) ( B ) of the Fair Credit Reporting Act, 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( B ). I ask that you take these steps as soon as possible. I also have enclosed a copy of the FTC 's Notice to Furnishers, which explains your responsibilities when reporting information to CRAs. Please stop reporting this fraudulent information, investigate this matter, and delete any disputed items as soon as possible.
Company Response:
State: TX
Zip: 77590
Submitted Via: Web
Date Sent: 2022-02-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-14
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I am not an attorney. This description is in reference to my own personal experience that I've had with ERC and how they have failed to uphold the FDCPA. ERC attained my location information without my permission and contacted me at a time that was inconvenient to me to threaten to take action against me that would be a detriment to my reputation and livelihood by furnishing false and negative information on my consumer report. I assumed the vital role of my life and requested a Debt Validation from ERC sent on XX/XX/2021. It was received by them on XX/XX/2021. After 160 days, I still have not received any of the documentation I requested to have the alleged debt validated. They were supposed to respond within 30 days of receipt. They, instead, called me and used obscene language to attempt to get me to pay an alleged debt they say I owe, but refuse to validate, and claimed that the FDCPA did not apply to their company making statements like " we don't need your information to furnish items on your report and never get permission before we do ''. They continued to harass me by sending me mail to my address without my permission. In this mail, is the logo of the debt collection company, mischaracterized balances meant to mislead me, several instances of threats, and several instances of obscene language. I've had an official Affidavit of Truth notarized and sent to ERC outlining the ways they've violated me that they have also failed to acknowledge. This leads me to believe that they are well aware of the ways they have violated me and agree that what I have just described is entirely true as they continue to willfully violate my rights by avoiding my specified remedy.
Company Response:
State: CA
Zip: 92345
Submitted Via: Web
Date Sent: 2022-02-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-11
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I am an identity theft victim
Company Response:
State: CA
Zip: 92880
Submitted Via: Web
Date Sent: 2022-02-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A