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
You guys look at this all wrong, although I am rarely home, occasionally I am and get a call from RPM who quickly ask for me by my first name. I then take a minate to entertain myself with a little game playing. with out revealing any information about myself, I ask them questions about themselves, occasionally ask them to hold while I lay the phone down and go away, or hum elevator tunes into the phone while I am attempting to contact who they are looking for. during I am always the pumber, milkman, mailman, babysitter or personal assistant... until I get bored and hang up.
these people try fustrate you into paying a bill whether you owe it or not, flip the script fustrate them.. or just hang up. Use a simple rule of thumb when answering the phone, if you don't recognize the voice or number, never give and personal information first, make the call explain themselves first and go from there.
You can write to Mr. Shorter at the following address:
Mr. Henry P. Shorter, Director of Quality Assurance & Compliance
Receivables Performance Management, LLC
20816 44th Ave W
Lynnwood WA 98036
Send a copy of your letter to your state's Attorney General.
I sent a letter to Verizon inquiring about how and why they sent out someone else's delinquent account for collection with my phone number. I received a call from a very nice individual in Verizon's executive offices. She had done an extensive investigation and could find absolutely no connection between my phone number and the delinquent account. The owner of the delinquent account has my very common last name and first initial. She also stated that if they thought they could contact the individual at my number, they (Verizon) would have called it before they sent the account out for collection.
You can write to Verizon at:
Lowell McAdam, Chairman and CEO
Verizon, Inc.
P.O. Box 11328
St. Petersburg FL 33733
Again, send a copy to your state's Attorney General.
Most of you here on this page reading this knows that RPM does not closely monitor for Fair Debt Collection Practices within their organization. We are not picking on RPM by itself. RPM is not the only organization out there that violate the Fair Debt Collection Practice. It is not the first and certainly will not be the last.
Lawfully follow your State Department Statue and Federal Rules for recording of any bad practice encountered by RPM and bring your evidence to the court.
To those who follow lawful ethnic collection practice. You are a rare breed these days.
http://personalmoneynetwork.com/moneyblog/201 ... olice-officers/ Debt collectors still being caught pretending to be law enforcement officers. If debt collectors ever threaten arrest or any other harm due to an unpaid debt, report them immediately to the Federal Trade Commission, the local state Attorney General’s office and the Better Business Bureau.
A brief history of why;
I had a debt with T-Mobile of $327.00 and noticed on my credit report back in Feb. of 2011 that two different collection agencies were reporting that I owed them this debt. I tried to call the first company's number (RPM) to discover it was an old number and had been disconnected. I then tried the other company's number (Enhanced Recovery) and got through to a representative. I paid off this debt with them, and received a confirmation letter. I then found RPM online and contacted them. I faxed, on two different occasions, a copy of the letter. Their records show that they have received it. I have been dealing with them for over a year now and they continue to report a collection on me. I was given the number to their "Escalations Department" and all it does is ring and go to a voice mail stating they will contact me "promptly". They have never called me. I also have never received ANY mail from them, or phone calls. It has ALWAYS been me calling them. I also found out that T-Mobile had indeed used them to collect on me, but after a long while T-Mobile switched my collection over to Enhanced Recovery. I have had a representative from T-Mobile contact RPM and they still have not removed my debt.
I am currently waiting for Rondale from RPM's "Escalations Department" to contact me back. I was in contact with him once last week and he told me to call back on Friday of last week, but again no one answered. I am looking into sending all the complaint messages to the BBB, state AG, T-Mobile, and RPM. I am also looking into a Consumer Advocate for assistance. I am getting so ticked off by all this, and I am tired of being "nice" on the phone to them.
RPM is going to try and bully me into paying something I do not owe. I will not.
What RPM told you was deceptive, as it specifically runs counter to the disclosures they are required to make, regarding disputing and validation THRU THEM.
Deceptive collection violates FDCPA, and you can sue them for it.
FDCPA allows courts to award damages and attorney fees, so you can find attorneys who take these cases on contingency.
You can find a consumer attorney in your state through www.naca.net
I will however continue to monitor my credit report over the next few weeks to make sure that it is removed from my history, and not just put down as "closed". I am hoping the bureaus come through for me now also. Don't get me wrong, part of me wanted to sue them, but I am glad it is just getting cleared up. I really enjoyed when talking to a rep at T-Mobile and she had said "Why in the heck are they still trying to collect on you?!" to which I replied "I was hoping you could tell me." So yeah, things should be good now.
The DF has 30 days to respond back to the CRA, either removing, correcting, or verifying that the posted information is accurate. If they don't respond, the CRA is required by FCRA to remove the disputed entry.
In response to the dispute, the DF could correct or remove the entry, but if the entry stays, even corrected, and it is not accurate, then under FCRA they can then be sued for the error they have posted and verified, and may be found liable for the damages that result from that error. FCRA also allows courts to award attorney fees, so if they lose they can pay your damages and your costs of forcing them to correct it.
If the debt is not owed, and was never owed when it was sent to RPM, then the only response RPM should make in response to your dispute is to remove it. Leaving it there, even with $0 balance, or marked paid, is still a negative collection account that pulls your scores down, and since it is not accurate, you would sue them for the resulting damages.
Be aware that RPM has a reputation for continuing to try to collect even invalid or yanked accounts, and this is consistent with their other common complaints of attempting to collect without validation and using deception to collect. They don't make money unless they get it from you, and apparently they don't care too much if it is even owed.
That is why, although suing may have been your last resort, it is important to realize what you are dealing with, and that tolerance just plays into their tactics. If you find you are dealing with an adversary who lies and cheats, taking advantage of most consumers' preference to avoid lawsuits, then you might as well realize that your most effective counterplay in this little game is to recognize when they have violated the law in a manner for which you can sue, and to start legal action at that point. Most likely they will quickly fix it, and pretend it was all just some "mistake", but that won't happen anywhere near as quickly without an impending lawsuit.
You may not like playing these games, but apparently they do, and since the initial predatory action was theirs, you are playing their game, not yours. You just don't have to play by the rules they want you to.
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THE FUNDS NOW I OWE THE BANK FOR NSF I TALK WITH A MONDELL A JASON A CINDEY, CORTIZE, AND JASON, AND MANY OTHERS THE MANAGER MONDELL TOLD ME HE WOULD SEND ME A CHECK NOTHING 4 MONTHS NOW NOTHING
Your Name
Your Address
Your City & State
Your Zip
Date
Bill Collection Company Name
Their Address
Their City & State & Zip
Re: Telephone Number or Account Number or Reference Number...
To Whom It May Concern:
This will serve as your legal notice under provisions of federal law, the Fair Debt Collection Practices Act (FDCPA), to cease all communication with me in regard to the phone number referenced above. If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission who is responsible for enforcement, the States Attorney General office and/or the American Collectors Association.
We have decided that we do not desire to work with a collection agency under any circumstances. We will contact the original creditor to resolve this matter directly, as circumstances warrant.
You are also notified that should any adverse information be placed against my credit reports as a result of this notice that appropriate actions will be taken. Give this very important matter the attention it deserves.
Sincerely,
____________________
Send the cease and desist here
Receivables Performance Management LLC
20816 44th Ave W
Lynnwood, WA 98036
(established by Howard L. George, II, Managing Member on 08/2002, in State of WA as an LLC;
Business License Category: Collection Agency,
Business License No.: 602226604, Expiry 8/31/2011)
EIN: 03-0477896
The Feds have not gotten involved as not enough people have complained to them. Write your local office of the FBI if you feel RPM has gone so far as to extort money from you.
The FTC is essentially, toothless. The new Consumer Financial Protection Bureau is untried. Their former head drawing attention away due to her gene confusion.
So again, if you feel RPM has crossed the line, and they have on many occasions, go to the FBI.
Go after these reprobates. If they bring misery to your home? Take it to theirs. Send the certified cease and desist letter to their home, instead of their business address. Any number of things one can do. Get their cell phone number and call them. Most of us know someone who works for a cell phone company. Call them on it and tell them to STOP harassing you! It is not illegal. Just don't threaten them. Tell them you will take legal action if they don't cease and desist harassment of you. See how they like their crap coming back at them. Push back folks. Stop taking it on the chin.
And don't worry about RPM's attorney. He is a sniveling wimp who enjoys walking down moon lit beaches holding hands with other men.
Email says:
"For your convenience we are providing you access to confidential information relating to your account. Confidential email communications from us to you should not be read by any third party including children, parents, guests in your home, etc.
If you are not XXXXXXXXXX, please disregard this communication and contact us at 866.212.7408 or use the Unsubscribe link below.
If you are XXXXXXXXXX, please proceed and follow the secure personal link below to view your account details."
with an embedded link so that the average person cannot see the actual URL. Awful.
Is this going to your work email, assumed to be legally readable by your employer?
Or does the link go to some site requiring that you enter your SSN to access this account, basically providing your id information if they didn't already have it?
Is this their first communications with you, or did they send you a letter first?
Did the email say it was from a debt collector, and that any information provided would be used to collect a debt?