Fraudulent Verizon Bill
Complaint
Larry F.
Country: United States
I received a letter from Afni Inc. claiming I have an unpaid bill from Verizon from 1995. It's 12 years ago. I've been with Verizon for the past 7 years, and never missed a bill, and certainly was not their client 12 years ago.
The phone number listed on the notice is not familiar to me. I called Afni, and a recording told me to give them my credit card number to settle the debt, and would not give me a real person to talk to.
This bill also never appeared on my credit report. I seriously doubt It's my debt. I searched the internet and found many complaints on Afni. I strongly suspect that it might be a fraud, because I don't recognize any information they gave me about this bill.
The phone number listed on the notice is not familiar to me. I called Afni, and a recording told me to give them my credit card number to settle the debt, and would not give me a real person to talk to.
This bill also never appeared on my credit report. I seriously doubt It's my debt. I searched the internet and found many complaints on Afni. I strongly suspect that it might be a fraud, because I don't recognize any information they gave me about this bill.
Comments
There are, however, many consumer reports that AFNI employees have claimed verbally that they will report, on debts they cannot legally report, in an attempt to coerce payments. There are also many consumer reports that AFNI employees try to evade consumer's requests for information on questionable accounts, attempting to coerce payments on "debts" that might not even be owed by the consumer.
They can only report for 7 years from the original date of delinquency, regardless of whether payments were made later.
In addition, the debt might also be past your state's SOL, preventing them from suing, or allowing you to assert SOL as an affirmative defense and counter-sue for FDCPA violations if they did. Look up your state's SOL.
Despite your husband's past problems, the debt might not even be his, since there are many reports of AFNI sending bills to the wrong person. They have been reported to have sent bills to anyone with a similar name who at one time lived in the same city or state. They have also been reported to have sent bills to people who once lived at the address on an account, but never had their name on the account, or lived there 5 or 10 years earlier, as well as to people who were 8 years old at them time the alleged account was opened. To say they just "guess" is being charitable.
You don't have to guess at any of this. If they claim you owe something, it is their obligation to substantiate their claim if you request validation in accordance with FDCPA. Go to the FTC site, and read up on FDCPA.
http://www.ftc.gov/os/statutes/fdcpajump.shtm
To preserve your FDCPA rights, promptly send a letter disputing the debt, and requesting that they send validation, including proof from the original creditor that this is his debt, and proof of what they claim is owed. Send it within 30 days of receiving their first collection letter, and send it certified, return receipt requested, so you have proof of when they got it.
Keep copies of all communications.
I responded with a certified return receipt requested letter stating clearly that I disputed the validity of the debt, AND then I indicated that, regardless of the validity of the debt, the Statute of Limitations had expired for this type of debt and could no longer legally be brought into the courts for collection.
I quoted the exact stute for my state (PA).
For all you who are also being subjected to this legitimized fraud, here is a link with the debt collection statutes of limitations, by state:
http://www.fair-debt-collection.com/SOL-by-State.html#33
Give them nothing.
Respond by certified mail only.
Return receipt whenever possible.
Make it clear you reserve the right to record any and all further correspondence on this matter.
Dispute EVERYTHING.
Quote the Law where ever possible.
Keep copies of EVERY correspondence with them.
Fraud is fraud. No exceptions.
If the alleged debt is 9 years old, it would be illegal for AFNI to put it on your reports. If they did, you could sue them for violations of FCRA ("reaging"), whether it was owed or not. The only "luck" you have is that they didn't do it anyway, even illegally.
You do need to send a letter. In it, indicate that you are disputing this alleged debt, and request that they send you validation of the debt, competent written proof that you owe it obtained from the original creditor. Send it certified return receipt requested, promptly, within 30 days of receiving their first collection letter. That letter should have notified you of your right to dispute and request validation.
You have no reason to believe there ever was any valid debt, having had continuous phone service thru Verizon.
Be aware that they are good at making up various reasons why you still owe this, somehow you didn't pay this, Verizon didn't have to send you the final bill, but you should have dealt with it anyway ... which probably have no basis in fact, but are just canned fabrications. Several of their favorites, as reported by other consumers, are:
"You moved, and the post office doesn't forward the final bill",
"That was in a 'minumum pay state'" where supposedly Verizon would just keep your phone working after you (you deadbeat!) stopped paying them the whole amount,
"You must have intended to transfer the account into someone else's name, but failed to do it, too bad. That was your responsibility to shut off your phone service."
"You have to prove you don't owe this. It is too late to request records of the debt. You should have done that back in 1999. We don't legally have to send you anything."
"Verizon doesn't have any records, since they sent them all to us." (In which case, they wouldn't be able to provide any validation obtained from the original creditor, Verizon.)
They don't actually know anything factually, nor would it even be worth it to look anything up for these small accounts. In the "industry" this is called "blowing smoke", or a talkoff. In other words, lie, say whatever it takes to get the money.
The "account" might not even have been in your name, even though you recognize it. For example, there are a number of reports indicating that they are billing consumers who once had lived at the address of an alleged account, but never had the number, and didn't live there at the time the account was allegedly opened. They appear to be sending collection letters to such people, based only on looking up who has lived at that address, knowing their name wasn't even on the account. This has occurred, even when they have the consumer's SSN and DOB, supposedly from the account, but they could get that from pulling credit reports.
What is to stop them from going the other way, with an alleged "account", under some phone number, sending it to whoever had that phone number before or after? You recognize the number, and it is from 9 years ago. (But are the address, and statement date correct? Or do they somehow not have that information?) Just a little "mistake", if you catch them. What could you prove?
Look up your state's SOL for this kind of debt. Odds are it is not only unreportable (already past 7 years, per FCRA), but also too late to sue, leaving them basically no option should you just tell them to cease communications. Until you do so, however, the above dispute and validation letter, however, protects your rights under FDCPA in case they now claim this is some more recent debt, perhaps still reportable, or recent enough to sue.
Make sure you have sent them a dispute and validation letter, within 30 days of receiving their first collection letter. Send your letter certified, return receipt requested, so you can prove they got it. If they continue collection, without providing validation, you can sue them under FDCPA.
If they are reporting negative information on your credit reports, then dispute that information thru the credit reporting agencies. If they "verify" the faulty information, instead of removing it, you can then sue them under FCRA. If they fail to mark their information "disputed", after notifying them that it is disputed, you can also sue them under FDCPA.
If you don't do the above, your case would likely just be thrown out. Both FCRA and FDCPA allow the court to award attorney's fees if you win.
Note: I am NOT an attorney. Read up on FDCPA and FCRA at the FTC site, and if you still have problems with them, try contacting an attorney in your state. You might find one with expertise in FDCPA and FCRA law at: www.naca.net
As for your SSN, pull your credit reports. If you see their "inquiry" on one of them, that indicates they pulled a copy of it. They don't need your SSN to pull a credit report, but they can just get your SSN off it once they do. They can then use your own SSN, or even other information on your credit report, to try to deceive you into believing this is your account, or that it is id theft but it would be less trouble to pay it than to prove it.
Under FCRA, a debt that went delinquent in 1996 would not legally be reportable on anyone's credit report, whether it was really your debt or not. Also, if the last payment was back in 1996, then the NY SOL has expired also, so they couldn't sue you, or you could raise SOL as a defense, and possibly even sue them under FDCPA, for "deceptive collection and misstating the character of a debt".
Contact the New York Attorney General, since it has been reported that they have been investigating AFNi in response to a request from a NY state senator who received many complaints from his constituents.
Specifically focus on whatever you said to dispute, and whatever they replied to counter your attempts to dispute or find out information about the alleged "account". What "information" did they feed you, either to try to convince you it was your account, or to try to convince you it would be a lot of trouble to dispute? What representations did they make about the account, about their source of information on the account, about your SSN and other identity information and where they obtained it, etc? Did they claim your SSN or other identity information "was on the account", or was part of the records from the original creditor (presumably now Verizon, formerly ???). Sign and date it as of the date your transcribed it, for your records.
And for the education of others, could you post it here (xxx out specifics of account details), so that others could see the outlines of their "scripts" or "talkoffs"?
How many different accounts have they put on your credit reports?
Or are they putting the same account back on after it was removed in response to your dispute?
How have you disputed, directly to them, or thru the credit reporting agency, and what was the response? Have your disputes been in writing?
Have you sent complaints to FTC, or to either the Illinois AG, or your state's AG?
Just want to add my experience to what appears to be a very long list of people being scammed by AFNI. I was sent a letter claiming I owed $236.14 for a Verizon phone account in New York that I closed (turned off) over 10 years ago. Any amount I owed on the final bill was paid in full and I never heard otherwise from Verizon. I haven't yet checked my credit report, but will, and you can bet I will take action. Aside from a cease and desist letter, this statement is going to be handed to the police and FBI. I have a friend who just went through something similar and that's what she was advised to do. The FBI now have her info. I suggest you all do the same. AFNI has hurt many people and they must be stopped.
Thanks Tom in Midlands for the advice....
http://www.fair-debt-collection.com/SOL-by-State.html
Another helpful site is:
http://www.expert-credit-advice.com/debt_collection_laws.htm
This site has all kinds of letters to assist you in these matters as well as the cease and decist letter that has been talked about on this topic.
I hope this helps as we have information reported by Calvary Portfolio (another JDB) and AFNI as well. GOOD LUCK!
same story -- an unpaid phone bill from a residence in NY -- for 4 months of service in 1999. I have never lived in NY.
In addition to following the suggestions on this site --
I also filed a mail fraud complaint with the US Postal Inspectors
https://postalinspectors.uspis.gov/forms/MailFraudComplaint.aspx
AFNI, Inc is using the US Mail service --
In my complaint I included links to this website an others I found with similiar stories as indications of a continuing pattern of fraud / abuse.
https://postalinspectors.uspis.gov/forms/MailFraudComplaint.aspx