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.ftc.gov/opa/2010/10/alliedinterstate.shtm
"...
For Release: 10/21/2010
Debt Collector Will Pay $1.75 Million to Settle FTC Charges
Ignored Consumers’ Disputes Without Checking Its Information for Accuracy
...
“Debt collectors had better make sure their information is accurate, or they could end up paying a big penalty,” said David Vladeck, Director of the FTC’s Bureau of Consumer Protection. “There is no excuse for trying to collect debt from someone if you can’t confirm that they actually owe it.”
..."
If you catch them on an FDCPA violation, sue them, and prevail, they can pay you actual and statutory damages, and pay your attorney too. FDCPA allows courts to award attorney fees, so you should be able to find one to take such cases on contingency. That tips their incentives toward settling and cleaning up their mess.
You might try www.naca.net to find an attorney in your state.
With the many complaints of outright fraud, and with coverage by Dateline of a number of abusive and fraudulent operations, I now believe that high turn-over and poor training is actually a deliberate tactic. Not only does it minimize costs but it provides cover for "accidentally" extorting money from erroneously harassed consumers.
You find insider reports from ex-employees, and even those who say they would never use deception or abusive threats, they know it is common, and they don't really have a clear idea from what they were told to say, that it is already deceptive.
When you are being harassed over an alleged debt, particularly one you do not owe, there really is no reason to put up with it.
The debt collection industry takes it for granted that they can get away with lying and cheating, that "it's OK since they are only lying to deadbeats to get the money they owe", but what the writers of the FDCPA recognized is that any debt collector that would deceive or abuse a debtor will also do the same to anyone else they contact, even "by mistake".
FDCPA makes no distinction between violations committed based on whether the alleged debt is owed or not.
The question now before the Missouri Court of Appeals is whether or not the State of Missouri Attorney General has the authority to protect these consumers.
I certainly hope the Court rules in favor of Missouri consumers. No idea if RPM is one of the companies the Missouri AG is after or not, but they should be.
Never give up folks. Never let up. And to Polus, George, and the other slugs at RPM? Look over your shoulder MF'rs! JUSTICE IS COMING!
Montana Attorney General just settled with NCS over questionable old movie rental accounts from bankrupt Hollywood Video.
www.stopthecriminals.com
Sign the petition for reform of debt collection practices if you so desire. Interesting proposals. Increase in penalty to $10K. Make debt collectors cease attempts to collect if statute of limitations has expired. Many more.
www.stopcollector.com
Read about the most egregious practice of one debt collector who ordered her staff to go after active duty people. Harass them. Call their Cos. Threaten them with lawsuits. Dishonorable Discharge. Intimidation.
Although I could find nothing RPM specific, nonetheless, we are dealing with slime balls here people!
And you'll need to click on "Blog" on second link, as it refreashes with new info.
With apologizes...
What I do not understand is, I wanted to pay. I wanted to settle. They just had to give me proof of their existence and wait 14 days for the money to enter my account. I had been contacting my debtor for the last 4 years trying to pay this debt. My credit is fuhbahred, I am an honest, educated, hard working person. I want so badly to move away from this and these people could nit take YES fo an answer. Do they enjoy bullying?????
Please send me my agreement in writing with your letterhead, the official and last agreed upon settlement. I will then take it to my Attorney, for whom will bring it to the original debtor. Once all is confirmed, I will pay the agreed amount and follow up on your end to insure all credit agencies have received the proper information and legal letters from your company as well as the original debtors.
As for now, I have a real job. This job is amazing! I have worked for this company for 15 years. I have taken pay cuts while my Husband has lost his job and 1/3 of our income, due to the economy. I want to pay you, I do. You are not the original debtor, you are some angry middleman getting his kicks off my mini heart attacks. Follow all legal and financial procedures and we could have a beautiful, professional relationship.
Sincerely,
PISSED OFF