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
15USC 1692g requires that you send your first letter within 5 days of first contact, and that it contain the required notifications.
Disputing within 30 days of RECEIPT of your first letter means you must cease collection until obtaining and sending validation. Failing to dispute within 30 days ONLY means you can "assume" the debt is valid. Nothing more.
"(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer."
Since YOU cannot make a debt owed, telling consumers they owe a debt because they did not dispute within 30 days, for ANY reason, is deceptive.
"YOUR LAST KNOW ADDRESS (WHICH IS YOUR OBLIGATION TO REPORT TO YOUR CREDITOR)"
Your statement is entirely irrelevant, and has no bearing on whether consumers owe or can dispute debts. FDCPA makes no mention at all of notifying creditors of address changes.
When you contact the wrong person, or contact someone by mistake who already paid off a debt, both situations where disputing an alleged debt would be expected, common sense says they would have NO reason at all to notify the alleged creditor of ANY address change.
Making statements designed to convince consumers they have no right to dispute, to evade your legal obligation to validate, is deceptive.
Getting paid for unowed debts by making deceptive statements is fraud. If you conduct your business in a manner likely to collect money from people who don't owe you, you should expect to be accused of fraud.
You need to review FDCPA compliance, to ensure you don't defraud people.
For your convenience:
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
http://www.michbar.org/opinions/district/2005/092905/28863.pdf
"...
Thus, a debt collector’s statement violates the FDCPA if the statement misleads a consumer “into believing that if the debt is not disputed within 30 days, federal law, rather than just the debt collector, will assume the debt to be valid and owing.” McCabe v. Crawford & Co., 272 F. Supp. 2d 736, 745 (N.D. Ill. 2003). In short, the validation provision of §1692g(a)(3) “provides only that the debt collector may assume the debt to be valid.”
...
After viewing the factual evidence and drawing all reasonable inferences in favor of the nonmoving party, the court concludes that there is no genuine issue of material fact that the statements of defendant’s collector (Melissa) violated § 1692e(2)(A) and (10). Given the litigious
nature of our society, it would be neither bizarre nor idiosyncratic for the least sophisticated consumer to believe after listening to Melissa (1) that his failure to dispute the debt within thirty days of receiving the debt validation letter made him legally responsible for the debt and (2) that at this late stage only by proving fraudulent activity on the part of the bank could he show his “dispute was valid.”
..."
Your excuses serve no other purpose, as they are only used when people are trying to dispute.
They are designed to deceive and defraud.
Make sure to keep in mind that a settlement doesnt look good on your credit, so I hope your saving a few hundred bucks from it? Hopefully over $300 or its probably not worth it. It's not us being the bad guys, but we have certain guidelines we have to follow, and if it says we cant offer a settlement, then we cant. But make sure to call RPM 30 days after your payment goes through, so you can get your Settlement letter, and have them update your credit report to Settled In Full.
NOW WHAT???? .... SOMETHINGS ARE NOT ALWAYS IN YOUR CONTROL... SUDDEN DEATH IN A FAMILY... NOW HALF YOUR INCOME IS GONE...NOW WHAT??? WE WORK 80 HOURS OR MORE TO MAKE ENDS MEET,... NOW WHAT??....
NONE OF US ARE PERFECT... YOU STUPID IDIOT!! YOU HAVE TO TAKE A **** JUST LIKE THE REST OF US... AND TRUST ME WHEN I SAY YOUR **** STINKS... BUT ONLY WORSE...
SOME OF US DO LEARN FROM OUR MISTAKES... WHAT YOUR EXCUSE FOR BEING A COMPLETE IDIOT??....
SO, AS YOU CAN PROBALLY SEE ( TAKE OFF YOUR ROSE COLORED GLASSES) NOT EVERYONE HAVE CONTROL OVER WHAT HAPPENS IN THEIR LIFE. SO, PEOPLE LIKE ME TRY TO BE RESPONSIBLE FOR OUR DEBTS...WE DON'T ROLL OVER AND DIE OR GIVE UP. WE TRY TO DO EVERYTHING WE POSSIBLY CAN TO PAY OUR BILLS AND SET A POSITIVE EXAMPLE FOR OUR CHILDREN.
WE CALL OUR CREDITORS TO EXPLIAN TO THEM WAHT OUR SITUATION IS. WE DON'T WANT TO FALL BEHIND IN OUR PAYMENTS...WE WILL CALL OUR CREDITORS BEFORE WE GET BEHIND AND TRY TO WORK OUT A REASONABLE PAYMENT AGREEMENT... AND GUESS WHAT??... MOST CREDITORS SAY THEY CAN'T HELP US... THIS HAS HAPPENED TO ME TOO MANY TIME TO COUNT. I AM PLEADING WITH THEM TO LET ME PAY WHAT I CAN UNTIL I CAN PAY THEM MORE... EACH TIME THE RESPONSE FROM THE CREDITORS WAS NO!!. I EVEN WENT TO MY CAR LOAN AND ASKED FOR A LOWER INTEREST RATE... THEY SAID NO... MIND YOU I HAVE NEVER BEEN LATE ON MY CAR PAYMENTS...
LIKE MOST HOME OWNERS... I WAS UPSIDE DOWN IN MY CAR PAYMENTS.. ACTUALLY, I HAD BEEN PAYING MORE THAN WHAT THE MONTHLY LOAN AMOUNT WAS... AND STILL, MY ON TIME PAYMENTS WAS NOT ENOUGH FOR THEM TO WORK WITH ME... NOW THAT'S JUST ONE EXAMPLE OF MANY. MOST CREDITORS WOULD SAY... "PAY OR GET SENT TO COLLECTIONS", AND THEY ALL SAY THIS WILL AFFECT YOUR CREDIT REPORT.
SO, ALL YOU PERFECT PEOPLE WITH PERFECT CREDIT REPORTS... UNTIL YOU CAN WALK IN SOMEONE ELSE SHOES... DON'T BE SO QUICK TO JUDGE OTHERS... NEED I REMIND YOU... YOU TOO LIVE IN A GLASS HOUSE... SO DON'T THROW STONES... INSTEAD, WHY DON'T YOU TRY TO HELP OTHERS WHO AREN'T AS BLESSED AS YOU.
THAT'S THE PROBLEM WITH OUR COUNTRY AND THE WORLD... EVERYBODY IS GREEDY!! EVERYBODY IS SO SELF ABSORB... SO SELFISH... GOD HELP US ALL... LOOK AROUND PEOPLE... WE ALL CAN WIN... OR WE WILL ALL LOSE IN THE GAME OF LIFE!!!
LASLTY,...
A CREDIT REPORT IS JUST A TOOL TO KEEP POOR PEOPLE LIKE ME AND OTHERS FROM EVER HAVING ANYTHING. BUT I WOULD RATHER BE POOR FINANCIALLY... BUT BE THE RICHEST PERSON WHO HAS MORALS, CHARACTER, INTERGERITY A COMAPASSIONATE
HUMAN BEING WHO ENJOY HELPING OTHERS LESS FOURNATE THAN ME. I PAY MY BILLS. I AM A LAW ABIDING CITIZEN. I PAY MY TAXES ON TIME JUST LIKE YOU. I AM COLLEGE EDUCATED AS WELL AS MY TWO CHILDREN WITH COLLEGE DEGREES. COLLEGE EDUCATED OR NOT... AS HUMAN BEINGS WE NEED TO HELP EACH OTHER... AND NOT LOOK DOWN THE NOSE OF OTHERS. GOD HELP US!!!...
Wonder why we don't give people our ss numbers? My rule is: if you contact me, and I don't have business with you or recognize the number (before looking it up online), I am not giving you anything. Heck, I don't even answer the phone. More times than not, my phone is on silent and stays on silent. If someone calls, they can leave a message stating who they are, what their business is, etc. If you can't leave a message, you are not getting a call back. Sorry. Too many scams out there.
Companies calling on the phone demanding money fit a profile identical to common extortion rackets and criminal scams.
Complaints against phony "debt collectors" on this site have actually starting to surpass the complaints against "legitimate" (but abusive) debt collectors who are working hard to blur the distinction between what they do and criminal activity.
You will learn the true nature of the beast. The monster can be slain. Takes persistence. Hard work. Do it. Just do it!
Also search Receivables Performance Management @ www.dockets.justia.com .
RPM gets sued 8 or 10 times every month! Make it 20 or 30!
What a collection of odd balls, eight balls, and reprobates. Take 'em too court. Sue their sorry [***]. Punish them. Write the Washington State AGs office. Your State AG.
Don't be afraid of these maggots at RPM.
I told them I had my wallet stolen several years ago and they demanded that I send them a copy of the police report-that's my information and I will not give a company who tells me They're too busy to send me any paperwork on my debt-any of my info.
Most of the time people don't owe collection agencies, that lies between the original creditor and "creditee". Be cautious, keep on the laws, contact you state AG and demand proof in writing i.e. a signed contract that shows you are liable for the debt. SSN with a balance isn't proof of ownership. Hell I could do that.
As far as I know, I have paid all of my debts, or am current on those I still owe. I have never been delinquent - ever - on any debt. I've been late a few times due to carelessness, but never by more than a couple of weeks or so, and I've paid the late fees, etc.
If any original creditor believes I owe them money, they have not contacted me. I have lived at this address for almost 20 years.
I suggest if anyone believes I owe them money, that they would at least have the courtesy of sending me a bill, and maybe an additional notice if it were not paid. I have received nothing from anyone saying that I owe them money. If my first notice about an unpaid bill is from a bill collector, I will want to see some evidence of this debt's validity, because to my knowledge I do not owe anyone anything.
Since this needs to be in writing, I see no point to accepting your phone calls. Write!
Some of these are overseas scammers, but an increasing number are U.S. based, and have set themselves up as "debt collectors" so that they can get access to consumer credit reports and skip trace databases to use in their scams.
NOTHING some stranger says on the phone proves ANYTHING. The phone is the tool of liars and cheats.