RPM trying to collect a fake debt
Complaint
JP
Country: United States
On 4 Apr 08 I got a call from Receivables Performance Management (RPM) claiming that I owe $85 on a Verizon account from 2000. I know that I’ve never had a Verizon account, and that my phone account from 2000 (I forget which company) was paid properly. So I told the RPM rep that they were full of s**t, and that I wanted written proof that this debt is actually mine. They had the last 4 of my SSN and tried to pass that off as “proof” that their info was legitimate. I still didn’t fall for it and asked for everything in writing.
Fortunately I have records that go back that far. I also called Verizon to confirm that they don’t have any account information with my name on it. Surprisingly they have no record of me ever having an account with them. I then went online to find out if RPM is some sort of scam. They are a “legitimate” company, yet seem to be practicing what I would describe as predatory debt collection, or legal extortion. Unfortunately, there is not much information on the internet yet about RPM. However, there is a lot of information about AFNI, who seem to be doing the same thing.
So, after I found this web page, and read all of the information about AFNI, I downloaded the FDCPA and FCRA and read them. I’m sending RPM a letter in accordance with the FDCPA. I’m also sending the letter to my state’s AG and the WA state AG. (RPM is located in Bothell WA.) I also checked all of my credit reports to make sure that nothing has been placed on them. I’ll continue to monitor my credit reports very closely for the next few months. As this develops I’ll update this comment.
I’m considering contacting a lawyer to see if what RPM is doing is in any way actually extortion. It’s a crime that the max penalty under FDCPA and FCRA is only $1000 or actual damages. Obviously that small amount isn’t enough of an incentive to keep these companies from violating the law. I’m also going to contact my Congressmen about this. Maybe if enough of us complain the law can get changed?
Oh, and a huge thanks to the poster on this site TJ! His information and advice was invaluable!!
Fortunately I have records that go back that far. I also called Verizon to confirm that they don’t have any account information with my name on it. Surprisingly they have no record of me ever having an account with them. I then went online to find out if RPM is some sort of scam. They are a “legitimate” company, yet seem to be practicing what I would describe as predatory debt collection, or legal extortion. Unfortunately, there is not much information on the internet yet about RPM. However, there is a lot of information about AFNI, who seem to be doing the same thing.
So, after I found this web page, and read all of the information about AFNI, I downloaded the FDCPA and FCRA and read them. I’m sending RPM a letter in accordance with the FDCPA. I’m also sending the letter to my state’s AG and the WA state AG. (RPM is located in Bothell WA.) I also checked all of my credit reports to make sure that nothing has been placed on them. I’ll continue to monitor my credit reports very closely for the next few months. As this develops I’ll update this comment.
I’m considering contacting a lawyer to see if what RPM is doing is in any way actually extortion. It’s a crime that the max penalty under FDCPA and FCRA is only $1000 or actual damages. Obviously that small amount isn’t enough of an incentive to keep these companies from violating the law. I’m also going to contact my Congressmen about this. Maybe if enough of us complain the law can get changed?
Oh, and a huge thanks to the poster on this site TJ! His information and advice was invaluable!!
Comments
http://www.consumeraffairs.com/news04/2009/08/bbb_debt_scams.html
Alternatively, send notice in writing, certified return receipt requested, notifying them that <named person> cannot be reached at your business number, and that they are to cease calling your business number, in accordance with FDCPA and TCPA.
If they continue calling, file complaints with FTC, your state AG, and WA AG, and shop the case around for an attorney willing to take it on contingency.
They are such [***]. Since Oct 7th, I've been arguing with these people to send me a bill. They turn everything around and say "well we can settle this right now if you want to pay by debit/credit or you can give your routing number so it may be automatically deducted from your checking". Absolutely not.
Credit cards are the reason I owe money to you, WHY WOULD I PAY A BILL WITH AN F-@*KING CREDIT CARD?! Secondly, no you may not have my checking account number. I then asked the rude young lady this morning - what happens when I don't have a credit card or a checking account? She wanted me to send my money order to some address. Really? Just send a money order to some address? Do you think I smoke crack? I don't. I wasn't born yesterday either.
She then proceeded to scream at me and tell me that its (AND I QUOTE!!) "its not their job to send paper, its not customer service its a freaking debt collection agency. Pay your bills in the first place and we wouldn't have to harass you." I specifically said to her "I know I owe a debt. I am well aware and I take 110% responsibility for it. I'm trying to settle this and you won't even help me." That's when she proceeded to tell me that its not customer service! And I told her that if they were going to call and harass me with no bill in the mail then they can look forward to me harassing them on the phone every time they call. She said well then enjoy the harassing calls. PROFESSIONAL! If I could have reached through the phone and strangled her - I probably would have. I called her a f@@king bi*ch and hung up. I know it was highly immature of me but I was so frustrated with this all.
I owe 1 debt. OF all of the bills in my lifetime I owe 1 and its 409.37 from when I was in college years ago. I never want to owe another penny to anyone. I'm thankful that I have responsible family and the resources available to me to TEACH me how to manage money and spend it correctly and NOT fall victim to credit card companies and loans with banks. Its the old rule - if you don't have the cash to pay for it - you don't need it. Its not about how much money you make - its about how you save/spend it. I am not a bad person. I am not an irresponsible person. I have a CAREER. I am a special education teacher - with a masters degree. I volunteer for my local Pop Warner association. I teach dance class at a local studio. I donate all of my clothes and household items that I don't need to Goodwill! These people blow up my phone with rude harassing phone calls from 8am in the morning until 9:30 at night - Sundays - whenever they want. They make me feel like I am some sort of dirt bag or someone who takes advantage of welfare.
But that's okay. Its called Karma. These people who are rude and prey on people who are good hearted will get theirs someday. Maybe not now or tomorrow but someday. Lose your job, your spouse is diagnosed with aggressive cancer, your child passes away unexpectedly, all of these things are examples of why someone can simply forget about a bill. It doesn't make them a bad person.
Notify them that in accordance with FDCPA, they are to cease communications with you, and cease calling your phone number.
If you get further calls after you verify their receipt of your cease communications letter (either by receiving the green card, or by checking the USPS website), file complaints against them with your state Attorney General, and the Attorney General of the state of Washington.
After that, find an attorney to sue them for violations of FDCPA and TCPA.
RPM came after me a couple of years ago ostensibly to collect money for a wireless provider I'd never even had an account with. I sued RPM and forced them to a settlement that was lucrative for both me and my attorney.
I take a look at these boards every now and then to see if RPM is still up to its same outrages. Sadly, they are.
Learn your rights, learn how to write a cease-and-desist letter, find an attorney who will take on your case on a contingency basis, and sue the crap out of these people.
The state attorneys general aren't going to do anything. These people are flat-out criminals, the government watchdogs claim to be too busy to bother, and there's no recourse except to defend yourself in a civil court.
State Attorneys General vary widely in effectiveness, but at least they have the motivation to respond to their constituents.
The debt collection industry gets away with this crap because most people have no idea how to find an attorney, or how to sue, and assume they will have to pay the attorney more than they have or what a bogus bill might cost. But both FDCPA and FCRA, and most similar state debt collection laws, allow the court to award attorney fees when the consumer wins, on top of statutory and actual damages.
Also watch your credit reports, and dispute any errors through the credit reporting agencies, as this is a requirement before you can sue under FCRA, even for erroneously reported information.
There may be some decent debt collectors, but the [***] sinks to the bottom.
You are asking for verification of the debt. They are implying that the don't have to send it. That is deceptive, and another violation of FDCPA.
If they are telling you owe this debt, and it is from years ago when you were in college, and they haven't even sent you any proof that you owe it, it may be that you don't even owe it at all.
This company collects on many old "debts" that it buys for pennys on the dollar, and as you can see from other complaints, it has a record of attempting to collect unowed debts, or attempting collection from the wrong person. Companies who play this game often use deception, harassment and abuse in place of proving the debt is owed, since in many cases either they have the wrong party, it isn't actually owed, or the documentation on the debt may not even be obtainable from the original creditor.
In addition, depending on how old this "debt" is, the statute of limitations may have run, and unless you agree to pay it, or actually pay part of it (depending on state law), they would be unable to sue you to collect (or even threaten to do so).
Harassment, abuse, and deceptive statements are red flags that you may be dealing with a debt collector who knows they have a bogus, unprovable debt, but they are trying to bluff their way to your money anyway.
They may even have pulled one of your credit reports, but why would they pay for your score? They aren't going to spend money for no reason.
It is more likely they just made up a number after looking at your report, and that is also consistent with your expected score being lower.
They could hardly intimidate you by saying "your score of 556 was in jeopardy". Liars.
Pulling a credit report, and using the information to belittle the consumer is an abusive debt collection tactic intended to intimidate. Since it is abusive, it is also a violation of FDCPA.