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://dockets.justia.com/search?query=receiv ... 3&max-year=2010
Now, if they are calling your work and your co-worker told them its your job and not to call, then they have to remove that number.
What you are doing is like not going to the doctor because you are afraid of what you will find.
I can call you every day and ask for money. If I have no leverage in which to force you to pay, then I have nothing. This is why the debt goes for pennies on the dollar.
A: Never answer the phone for numbers you do not recognize. That's what your answering service is for.
B: Don't give people time to speak before hanging up. Don't carry on a conversation. They are winning once you start.
C: Don't try to get over on them. They don't care, you are one in several hundred people they have spoken to that day and couldn't care less.
D: See A.
36 month complaint total has dropped to 406, from 422, so only a few complaints could have aged off.
Rating has rebounded from "F" all the way to "A-", which is the highest rating a company can get without paying money to be "BBB Accredited".
So much for BBB integrity.
Go figure.
"...
BBB Rating
Based on BBB files, this business has a BBB Rating of A- on a scale from A+ to F.
...
BBB processed a total of 406 complaints about this company in the last 36 months, our standard reporting period. Of the total of 406 complaints closed in 36 months, 120 were closed in the last year.
..."
Complaints on this site, and on ripoffreport.com, show a pattern of complaints of abusive collection attempts to collect on unowed debts, and repeated calling of consumers despite requests to cease calling because they are being called "in error".
Federal FDCPA lawsuits against the company have been rising rapidly in the past year, reaching about 42 over the last 12 months, compared to only 12 over the prior 12 months.
http://dockets.justia.com/search?q=Receivables+Performance+Management%2C+LLC.
"A volunteer, stranger, or intermeddler is 'one who thrusts himself into a situation on his own initiative, and not one who becomes a party to a transaction upon the urgent petition of a person who is vitally interested, and whose rights would be sacrificed did he not respond to the importunate appeal.' Laffranchini, 39 Nev. 48, 153 P. at 252. Parties may be considered volunteers if, in making a payment, they have no interest of their own to protect, they act without any obligation, legal or moral, and they act without being requested to do so by the person liable on the original obligation. Henningsen v. United States Fidelity Guar. Co., 208 U.S. 404, 411 (1908); Smith v. State Sav. & Loan Ass'n, 175 Cal. App. 3d 1092, 1098, 223 Cal. Rptr. 298, 301 (1986); Norfolk & Dedham Fire Ins. Co. v. Aetna Casualty & Surety Co., 132 Vt. 341, 344, 318 A.2d 659, 661 (1974).
Now by trying to collect on a debt that RPM had no original interst in is fraud. The American Jurisprudence (2D P.584) under Actions states:
“No actions will lie to recover on a claim based upon, or in any manner depending upon a fraudulent, illegal, or immoral transaction or contract which plaintiff was a party.”
That then makes RPM guilty of mail fraud, extortion, fraud, racketeering, and the list goes on.
I told a rep at RPM the company had no right of subrogation (which of course he had no idea what I was saying so I explained it). He responded that he collected on debts all day long and I had a legal obligation to pay.
I replied, "If you don't understand the right of subrogation what makes you think you are qualified to give legal advice?"
He went looking for his manager. I then demanded his collection bond information as I was going to file a claim against it. He replied, "That was none of my business."
I smiled and told him, "It is my business. Your bond is your insurance. If you damage me I need to file a claim. By the way who is your resident agent in my state so I can file suit against your company?"
It is so much fun dealing with debt collectors when you know the law. It causes them to run in panic. He got his manager on the phone and I ran him into the ground (name is Martin). Suddenly we had a bad connection and Martinc couldn't hear me. Asked me to call back later.
I am sending RPM a "Debt Collector Notice of Fraud" I created. It causes debt collectors to send letters apologizing and promising to remove any negative from your report. I love the law.
Kevin
P.S. If you want to learn about how powerful you really are and about the fraud that is endemic in the entire financial system hit me up at hemmons1@hotmail.com
P.P.S By law it is unlawful for banks to lend you there assets or credit so where does the money to fund your loans and credit cards come from?