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
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 probably 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 explain to them what 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 homeowners... 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
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.
You really should learn to spell and use correct punctuation so you appear educated.
There are several debt collectors who appear to be "enhancing" their collections by using sloppy billing combined with evading validation and deceptive statements to coerce unowed payments. Although they have a steady stream of complaints indicating they are billing the wrong people "in error", they generally attempt to divert consumers from sending timely validation requests.
One ploy often reported is to claim their "errors" are "identity theft", for which they can then try to make the consumer jump through a bunch of hoops (police report, sending all sorts of identification, digging out old rental agreements, etc.) trying to disprove some "debt" even as they withold all information on it. The goal is typically to block any dispute, and wear down the consumer through credit damage until they pay anyway.
This deceptive tactic evades the FDCPA prohibition against collection that starts when consumers send a timely validation request within 30 days, deceptively attempting to transfer the "burden of proof" to the consumer, in violation of FDCPA.
You can see evidence of training in this method in a number of responses from RPM in this thread, claiming that if you don't dispute in 30 days, you somehow now "owe" a debt you never agreed to, even though federal and state law, including case law, say otherwise. These people actually appear to believe this, which indicates that is probably what they were trained to believe.
Such statements to consumers are, however, false, misleading, and deceptive, and you can sue both RPM and the individual debt collector for attempting to con you, as it is illegal under FDCPA to use deception to collect a debt.
Send a letter disputing the debt and requesing that they obtain and send proof from the original creditor. Mail it certified return receipt requested. Do so immediately, as your FDCPA protections are strongest if you mail it within 30 days of receiving their first letter, but regardless, you want proof of sending your dispute, and that they received it.
If they have put damaging information on your credit report, dispute it through the credit reporting agency.
Beware of "verification" consisting just of some printout they may have created themselves. Only documents from the original creditor have any reliability, and if you actually get some such document indicating id theft, then go down the id theft path, filing a police complaint and getting a copy of the police report, which you can use to get fraudulent accounts removed from credit reports.
If they continue to attempt to collect, or refuse to remove errors from your credit report, while providing no proof you owe anything, file complaints with FTC, your state Attorney General, and the Washington Attorney General, and find an attorney with experience in FDCPA and FCRA litigation. Both allow courts to award both damages and attorney fees if you win, so you may be able to find an attorney to take such cases on contingency.
You might try www.naca.net
Abuse and harassment are often associated with the collection of suspect questionable "debts", and should also be viewed as a deceptive tactic aimed at coercing consumers to pay unowed "debts" without checking out their validity.
Such tactics often show up when the debts are not valid, they are old and validation is not obtainable, or accompanied by high rates of complaints indicating they are billing the wrong persons. It is an indicator that the debt collector knows the "debt" is questionable but is trying to get money anyway.
Deception, abuse, and harassment imply attempted fraud.
1) I agreed that I owed the amount they are trying to collect on. (I had a home that did not sell and got terribly behind on payments; doing my best now to catch up and still keep my head above water; had near perfect credit prior to the home not selling).
2) I agreed to make monthly payments ranging from $100-$200 per month until the debt is paid in full.
3) I voluntarily call RPM the first week to set up each monthly payment and have been since April 2010.
4) RPM continues to call 6-10 times daily and gets more abusive with every call, despite timely and agreed upon payments and my history of making consistent and timely payments for 7 months now.
I have given it my best effort to be curteous to every RPM Rep that calls and am still treated like a criminal or uneducated person or a person who is neglecting their obligations. Yes, I incurred the debt due to unfortunate circumstances, but I am giving it my all to do something about it NOW. Most of my interractions with these folks have ended in tears (mine) and the stress of this is becoming too much to bear. I have filed multiple complaints with the FTC & BBB. After a particularly abrasive conversation with RPM today, I actually filed a police report for harrassment (and by the way, my last payment was called in as scheduled on October 1st).
I intend to pay off every last cent I owe everyone at this point and have purposely not pursued bankruptcy because I want to honor my commitments, but the level of harrassment I am now receiving even when paying RPM is seriously making me reconsider that. I understand that RPM deals with thousands of consumers daily who refuse to take care of obligations and often lie to them. But could you do an honest and paying girl a favor and not continue to treat me like a criminal? I'm working with you; do me the same courtesy. PLEASE.
Send them notice, in writing mailed certified, that it is inconvenient to contact you by phone at any time.