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
people like to know why and what's the purpose you need th info for. You didn't pay your bill so collectors calling is a small price you pay. Nobody forces you to answer the calls you just answer it like a Jack @ss and start going off to someone who doesn't know you or the situation. If you explained yourself maybe somebody would help but you want to be a wise guy about it!
to other countries.
File fraud complaints with FTC and your state Attorney General.
Since the remainder of this bill you didn't owe is now in the hands of a new debt collector, send a dispute and validation request letter, certified. If you send a validation request within 30 days of receiving their first letter, they are required by FDCPA to cease all collection activity until they obtain and send validation from the original creditor.
They will probably try to fraudulently claim your earlier payment is "proof" you owe it, rather than obtaining any proof from the original creditor. Insist in documentation from the original creditor, and sue them if they harass you or damage your credit over someone else's bill.
You might want to hand this off to a consumer attorney, as they are more likely to quickly settle when faced with paying your attorney fees on top of damages. You might try www.naca.net to find an attorney in your state.
Such problems are best dealt with by a good attorney, shifting the costs of illegal practices back where it belongs.
Those are violations of FDCPA, and have nothing to do with "not paying your bills". Similar complaints got Allied Interstate a record $1.7 Million fine.
But no minor child involved.
For years I've tried to get the Missouri AG to interpret existing statutes that make misuse of a phone for purposes of harassment (none existent debt in this case) applicable to collection agencies. So far, no luck.
And the case is still before the Court of Appeals (MO) as to whether the MO AG has the authority to protect consumers.
The gangsters in the collections field know no boundaries...
Your other alternative is to find an attorney to sue for violations of FDCPA or FCRA. Both allow courts to award damages and attorney fees. if you win.
The MO AG case (against PRA, presumably) appears to have gotten stuck on MO statute technicalities.
As you noted, fraudulent collection of bogus made-up "debts", (supposedly just "erroneously misidentified"), is becoming an increasing problem. FTC hasn't taken a strong enough stance on this issue, despite CAMCO several years back. There has been a proliferation of criminally run "debt collectors" entering the market, along the lines of the Boyland group filmed on Dateline.
I would like to ask you if you have ever been in debt before, or ever?
I hope you are never on this side of the fence.
I am in debt up to my eyebrows. I was the victim of a hit and run. My job fired me because I was in the hospital and did not call off, per their policy. My bills are way over due and I cannot pay them. My family has helped keep a roof over my children's heads, thankfully. I am not on Welfare nor do I plan to be. I do get a small unemployment check,$160 every two weeks does not pay the extra bills when you have 3 kids to feed and utilities to pay.
BTW a collector told me to apply for welfare, because his company needed the money. I am not that poor, or desperate, yet.
I know my collectors, some by first name. Nice people, all of the ones I speak to regularly. I am never ignorant to collectors and only hang up when one gets belligerent with me. No sense on arguing or getting anybody upset. Stress causes death, I do not want that on my conscience. I would love to say "sorry, here is your money". I cannot. Sometimes, bad things happen to good people.
However, it may not be you personally, or your company policies, but my baby sister has had a problem with RPM. She sent in her ID and driving record to prove she was not the owner of the bill, she never even lived in that state. It is still on her credit report. I cannot blame her for not wanting to pay someone else's debt. Can you? I mean who can afford it in this economy.
Most credit collectors are arrogant, ignorant, and uncompromising. This is why you have been getting such negative feedback. You may be a great person, but you are a credit collector. People hear those words and go on the defensive. Sorry, other collectors have ruined it for you.
There are a few exceptions, Asset Acceptance has some wonderful people that have worked with me to slowly pay down my debt at $5 per month. They were willing to listen to me about my problems and did ask me if I wanted to settle. I owe the amount and I will pay that amount. I am not a charity case or a freeloader.
As for my failures, I am not reminded of them because I could not pay my bills. My bills will get paid, when they get paid. In my sweet time, God willing.
About, RPM still being around all this time, they can out money anyone that tries to take them down, hold it up in court long enough for the persons' money to run out. Legitimate is only on paper, not in practice. We go back to my baby sister, she had to give up. She will not pay that bill on principal.
I am, quite, aware of my rights and responsibilities. Even though you are only allowed to speak with the debtor a few times a week it does not stop collectors from calling 60 plus times. I have, currently, a company that calls me every hour on the hour. I speak to them 13 times a day, 91 times a week. Do I get mad, no, they are trying to feed their families, too. I cannot get mad at them for needing to work.
You on the other hand, it is your very own comments that make people despise credit collectors, so Damn much. People have to get this stuff off their chests, you do not need to be a jerk about it. Just, like people do not need to be jerks, when you call to remind them of their bills. Try being nicer, one day, the shoe may be on the other foot.
Good luck, take care, and stay healthy!
Thanks tj for the great info for my baby sis.
I called Verizon in hopes of making an arrangement to pay my bill, they told me it was in collections and transferred me over to AFNI, anyone else find that funny? I sure did. I actually asked for an itemized bill. I am still waiting for it.
https://fortress.wa.gov/atg/formhandler/ago/ComplaintForm.aspx
Receivables Performance Management
20816 44th Ave W.
Lynnwood, WA 98036
Postal Address:
PO Box 1548
Lynnwood, WA 98036
Telephone and Fax:
Phone: 1-866-212-7408
Fax: 425-412-2543