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://alaskaoregonwesternwashington.bbb.org/ ... 6&firm=18025132
Make sure your letter indicates that you are disputing the debt, and that you are requesting validation of the debt (proof that you owe it). Always send it certified, return receipt requested, and mail it immediately, making sure you send it in less than 30 days of receiving their first letter.
When you confirm thru the U.S.P.S. that they received it, send a dispute to the credit bureau showing their erroneous derogatory information.
It is illegal to post a negative account on your credit reports more than 7.5 years past the original date of delinquency, so if they have put an account on your credit reports that first went delinquent in 1998, that should have come off in 2005, regardless of whether it is or is not your account. The only way it would still show up in 2008 is if RPM submitted it with an erroneous later date, which is a violation of FCRA.
If RPM refuses to provide validation, or "verifies" their erroneous entry on your credit report in response to your credit reporting agency dispute, file complaints against them with FTC, state of Washington AG, and your state AG, for FDCPA and FCRA violations. Collect information on any damage their "error" does to your credit relationships with other lenders, to prove damages, and seek out a consumer protection attorney in your state.
Thank you.
You also already know when you are attempting to collect on old debts, and in particular debts that have changed hands thru company mergers, or where the integrity of the account records is suspect, as in old MCI debts, or where you have tried to "locate" a consumer but are not sure you even have the correct person, that there is a real possibility that you are attempting to collect an alleged debt that IS NOT OWED, or IS NOT OWED by the person you have contacted.
You also know that you may be talking to someone who has NOT received any letter from you notifying them of their legal FDCPA dispute rights, and that while you have them on the phone now, you are probably in the strongest position you will have to extract money from them, whether or not they owe you anything.
In my opinion, under such circumstances, any attempt to harass, abuse, threaten, intimidate, evade consumer disputes or requests for validation thru use of a "talk off", "blowing smoke", or otherwise attempt to deceive a consumer into paying you money when they have told you they believe it is not their debt, is simply engaging in a fraudulent act. FDCPA's description of such practices is too "sanitized". Those engaged in such practices to collect suspect debt are con men, no different than pump-and-dump boiler-room "telemarketers", or "advance fee" loan scammers. The same lying, cheating, and criminal intent is there, and they deserve the same prison sentences.
http://www.complaintsboard.com/complaints/rpm--receivables-performance-management-llc-c42870.html
"...
I finally was available when they called this evening, and tried to tell me that I owed $200.91 to WorldCom wireless. I had a WorldCom cell phone, oh, about 7 years ago - they, um, if you didn't already know, went out of business many years ago and sold out to AT&T. My phone number, account, bill, outstanding payments, EVERYTHING transferred automatically to AT&T.
'Cynthia' tried to explain herself by saying it's been passed through several collection agencies, so that's why it's taken so long to 'catch up to me' - and that they mailed me a collection letter three months ago, and I had 30 days to dispute it, whether I received the letter or not. Demanded payment over the phone, offered me a $40 discount if I paid in full right then and there. I informed her ... that if she could fax me proof that I owed the money I would call her back and make the payment.
She refused, and told me that if I didn't pay while I was on the phone with her, she would mark my account 'Refused to Coooperate' and that I would then have to pay 'involuntarily', and that my place of work (she actually said 'if you have a job') would be contacted.
..."
Abusive and harassing tactics, including screaming. Attempting to evade a validation request.
http://www.complaintsboard.com/complaints/rpm-c60645.html
"...
They told me they were going to indicate a refusal to pay on my credit rating. They did have the last four digits of my personal SS#. When I called and asked for a mailing address so I could have my attorney send them a letter, they slapped me on hold for numerous minutes, then a man named Donell got on the line and started screaming at me that he didn't have to give me a street address (evidently they only have a P.O. #). He asked my attorney's name, so I told him.Then he started screaming that he would call my attorney. I told him to go ahead and do that while he continued to scream at me.
..."
Report from an ex-employee:
http://www.complaintsboard.com/complaints/rpm-receivables-performance-management-llc-c2139/page/1.html#c8654
"I am a former employee of RPM, and I have to agree with the comments listed here.I quit the job because I felt disgusted with the company.We were encouraged to use any means necessary.Meaning use abusive language, belittle, and threaten.
We were told in training that we couldn't say what we can't do, not true, I've heard collectors threaten to take people to court, garnish wages and so on.They have no legal recourse for these statements.
RPM was one of the most unprofessional places I've every been employed.There was yelling, and "snapping" papers when you received a payment.There are drug abusers, felons, and a wide assortment of social pariahs employed with RPM.
My advice, If you have a debt in the office mail it in, (make copies of the check or money order).They tell you they can't accept mail in payments, not true they can, they just want your personal info on file.Personally I was offended that they had certain people handling others personal account info, (a little scary).
...
I have listened too the conversations and have been appalled by what people say too debtors.I didn't do so well because I have integrity and morals.I was told too stop being nice and not too take no for an answer.
All in all when dealing with RPM, keep records of people you speak with, times and dates.They are highly aggressive and unprofessional.So beware, and be wise."
ripoffreport.com shows 132 threads under RPM. Although a few deal with several other companies that happen to have the same initials, most are this debt collector. Complaints include widespread allegations of abusive debt collection, attempting to collect on already paid accounts, failing to properly credit paid accounts, update credit reporting of paid accounts, or provide acknowledgements to lenders of paid accounts.
http://www.ripoffreport.com/searchresults.asp?q1=ALL&q4=&q6=&q3=&q2=&q7=&searchtype=0&submit2=Search%21&q5=RPM
https://complaintwire.org/Complaint.aspx/4zV7CatAPACP_QjKcuI1iQ
After hanging up with them and refusing to pay, I called the Federal Trade Commission. Since I am in no way attempting to give full information and have no background in the law, I highly recommend each person call the FTC directly for themselves. However, I was advised to send a letter certified return receipt requested asking that RPM validate the debt owed to them by sending me in writing the original final bill from the creditor for whom they are seeking collection. Keep the receipt from the postoffice showing when the letter was mailed and then wait for the return receipt to be returned which must be signed and dated by them and then acts as proof that your request was received. They then have 30 days from the time on which that receipt is signed to provide you with your requested information. Per the instructions of the FTC I did an internet search for the company and was able to get the following addressess from the BBB website:
RPM - Receivables Performance Management
1930 220th Street SE
Suite 101
Bothell, WA 98021-8410
and also
RPM - Receivables Performance Management
PO Box 768
Bothell, WA 98041-0768
After 30 days, if you have not gotten any response to your request and the calls continue you send a second letter also certified return receipt requested demanding that they cease and desist from contacting you further. They are then required by law to only contact you via mail and only with information that is different then anything previously shared with you.