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
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
RPM YOU ARE NOT LEGITIMATE UNLESS YOU TREAT PEOPLE FAIRLY!!!!!!!
Using it to coerce or extort unowed payments is fraud.
He did give me the mailing address for RPM, along with the original creditor and the alleged purchaser of the debt and provided the account numbers. Because I was concerned that this might be a scam, I asked him to send me a new letter via e-mail and gave him one of my ISP-based e-mail addresses. What he sent was essentially a settlement offer and not a DN... He claimed that the DN had been sent to the original service address - which I have not used since late 2007/early 2008 (forwarded to my new address in January 2008) and actually sold in August 2009.
This morning, I had a few minutes, so I called the original creditor at the customer service number on their website. The person I spoke with gave me the current balance for both accounts (gas and electric) and told me that they still owned the debt. She referred me to their liason with the management company. I spoke with that person who neither confirmed nor denied that the account had been sold, but referred me to the management company that the RPM rep also mentioned. Turns out that the number given by the liason person is for a fax machine; I then researched the company and found a contact name and number - a helpful lady answered the phone and discussed the account with me. I related to her my desire to verify authorization and that RPM had balked at that request, plus misrepresented the nature of the debt. This person then told me that she would be happy to deal directly on the matter and pull the acccounts from RPM - she agreed to send me a settlement offer as an adobe attachement via e-mail by the end of the day.
Before I received the e-mail from her, later in the day, I received a phone call from RPM - different person - via autodialer (you get a message to "Please hold for next available representative") - but, she told me that she was asked to call me and set up a payment on the very account that I was told that morning would no longer be handled by them... she tried pulling out all of the stops - using some of the same lines that others have stated that they use... I confronted her about what I had found out about the debt not being sold and how that is a material misstatement of the nature of the debt - she then re-asserted that the debt had been sold... I then told her that her company's client told me that morning that they were pulling the account - she tried once more to get back on script about needing to secure payment. When I re-stated that they aren't authorized to collect on the account, she - in a huff - offered to hold future calls.
I'm looking to try to get a mortgage in the next month or so and don't need these jokers screwing things up for me... I also wasn't about to give them any money without verifying that they in fact had been authorized (at least they were during the first call) to attempt to collect the debt.
FWIW, I called back RPM's client who was livid that they called me as she told me that she had called them and pulled the accounts and told them that they had no <something> I think she said 'rights'...
First - my apologies for the length of the info above. Second, I'm inclined to send RPM a letter (Certified, return Receipt) again stating the fact I learned about them no longer possessing the account for collection. Should I explicitly state that they are not to contact me again by any method? And, should I also inform them (based upon some other posts I have seen) that they are to withdraw any submissions that they may have made to CRA's?
However, this could have totaly been avoided IF RPM would have sent me A COPY of the ORIGINAL CONTRACT with VERIZON as I had asked and not fed me BS about my being a deadbeat and not paying my bill, after 6 months of harrassing calls from RPM after I sent them paper work the calls are still coming, so Ms, Jane Doe, take your cap letters, your obvious lack of knowledge, and Self-rightist BS and shove it up your key board...