Dealing with Afni, Inc

Discussion in 'Credit Talk' started by LittleLady, Jan 19, 2007.

  1. ontrack

    ontrack Well-Known Member

    Use of deception to collect a debt.

    Additional evidence that AFNI is using the original billing address to send dunning letters to people associated with that address OTHER than the name on the account. There would be no reason to have traced the billing address to people at that address around the same time if they were sending a collection letter to the person on the account.

    Furthermore, the OC (both GTE and Verizon) did NOT consider this consumer responsible for the account at the time it went delinquent.

    Legal question: Is a matching address alone sufficient identification for "permissible purpose" to pull credit reports? It would seem to fail the "transaction initiated by consumer" test. Furthermore, if "litigation" alone is not sufficient permissible purpose (see case law), then how could "guessing that someone else might be convinced to pay" (on an OOS debt, yet), be?

    Oh, that's right! They never validate, so there is nothing to show that the consumer's name is NOT on the bill!



    http://www.complaintsboard.com/complaints/3894/page/7

    "2 days ago by Katygirl
    I received a letter today from AFNI regarding a 1997 landline that I have no recollection of ever having. I called CS and the nice woman pulled up the record to tell me when the account was opened (6/1997) and the last bill (11/1997). This last date has to be an error as I lived in the apartment until 12/1997 and had the phone on until 12/31/1997.

    I told the rep that yes I did live at the address and other addresses from 5 years previous (1992) but that that still didn't make it my debt. She then went on to name people who also lived at that address around the same time...one being someone who sublet the apartment when I moved out. (I hope they don't try to go after her!)

    I informed her that the date is outside the statute of limitations and she confirmed that it could not be reported to the credit bureaus. She then went on to state that they can still collect on it and that she would be willing to settle the account... I told her I refused to pay for an account that I did not believe was mine....

    She tried to tell me that refusal to pay would hinder my ability to get a car (just bought a new one!), buy a house (own one!) and also have to put a deposit on a home phone (never!) and cell phone (never! I've had verizon wireless for 3 years!!!)

    I'll be sending out a validation letter that spells out completely what I would like to receive as validation including copies of bills. As I know for a fact I had no outstanding balance on this account (had 2 gte accounts and 3 bellsouth phone lines immediately after moving from documented address).

    By law, AFNI can come after me in TX or IL. As they are completely time-barred in TX, they can only come after me in IL. Unfortunately, they can't make the argument that a landline account is a "written contract" so they are time-barred there also. "
     
  2. ontrack

    ontrack Well-Known Member

  3. ontrack

    ontrack Well-Known Member

    Strange changes to Afni's BBB report:

    A few days ago, the BBB listing when searching on "AFNI" started labeling their "404 Brock Drive" address as their headquarters.

    Today, that search still produces a listing for AFNI as their headquarters, but now no street address shows at all. Their BBB reports now show only P.O. boxes, such as "P.O. Box 3097".

    Why would AFNI not want their headquarters street address visible in their BBB report?
     
  4. ontrack

    ontrack Well-Known Member

    Updated BBB report:

    17 more BBB complaints closed since last updated 15 days ago, on 4-09-07. That makes 121 since 2-26-07, for 121 per 55 days, or 2.2 per day, a rate of about 66 per month.

    We are approaching the 4 month mark since the upsurge in AFNI complaints, and the rate is still holding strong.

    Note that estimating recent BBB complaints from BBB counts "in the last year" tends to underestimate the true number of recent complaints, as old complaints drop out of the count. So far that has been a minor effect, since a year ago the complaint rate was on the order of 2 per month.


    "The Bureau processed a total of 574 complaints about this company in the last 36 months, our standard reporting period. Of the total of 574 complaints closed in 36 months, 362 were closed in the last year."
     
  5. BeerGarden

    BeerGarden Member

    Another AFNI post...I have disputed my AFNI account with all 3 CRA's and they all came back verified. One is now reporting the OC as EZCash and the other 2 as Cingular. At this point I am about to send a letter to AFNI requesting Validation, as I have never had an account with either one of these. Other than the standard Validation letter, is there anything I should put in there regarding the reporting of 2 different OC's? Can I have these removed on this error alone?
     
  6. ontrack

    ontrack Well-Known Member

    Have you checked with Cingular and confirmed that they show no account in your name? If they showed a fraudulent account, you would probably go down the id theft path instead.

    When did these collection TLs first appear on your credit reports, and what effect has this had on your FICO scores?

    They have already "verified" erroneously reported information. You could already sue under FCRA, based on that alone.


    Since you are dealing with debts that are not yours, and based on the record of the problems others have had with this company, you should proceed knowing that you may need to sue to get this resolved, and that since they are damaging your credit by erroneous reporting, forcing resolution sooner rather than later will be required to minimize your damages.


    Based on reports by others, they have shown little inclination to validate anything, and this has often led them to continue to damage consumers over alleged debts that might have been resolved had they validated. You need to proceed with the expectation that they will act as they have with others, setting up the legal case, if you need it, to maximize their liability for their actions. Give them the legal obligation to validate, and then give them the opportunity to continue collection, by again "verifying" or updating your erroneous CR data, when they fail to validate.


    Send three simple dispute and validation request letters, one for each CRA, based on their erroneous reporting to that CRA.

    In your letters, indicate that this is not your debt, that you are disputing this debt in its entirety, and that you have not had an account with the alleged creditor that they are reporting on your credit report, if that is the case. Include that you have never had any contact from them or from the original creditor (if that is the case) regarding this alleged debt,and that you are demanding validation of this debt.

    Include a redacted copy of the matching credit report showing the erroneously reported debt, with unrelated information blacked out.

    Send each letter CRRR, to their headquarters address, and keep a file copy of everything you have sent, with the Certified receipt stapled to it. File your green cards when you get them, along with copies of the on-line delivery confirmations from the usps website.

    Send one letter regarding the "EZCash" error, and one each for each erroneously reported "Cingular" error.
     
  7. ontrack

    ontrack Well-Known Member

  8. jam237

    jam237 Well-Known Member

    Just send a letter demanding validation (not a sample letter) - wait for them to send you something going on the record as to whom they say that the OC is.
     
  9. ontrack

    ontrack Well-Known Member

    Do your credit reports show inquiries from AFNI?
    If so, how are they coded (AR, "hard" vs. "soft", etc.), and when did they occur?
     
  10. ontrack

    ontrack Well-Known Member

    Another reply that appears to be from an AFNI employee.

    Despite claiming to have done "a report in college" (Must be an expert, then!), writer appears to have little knowledge of debt collection, sale of junk debt (apparently believes AFNI is collecting these old "debts" for Verizon, at Verizon's direction), FDCPA validation, etc.

    Assumes virtually all alleged debts in collection must be valid, and that all records are transferred to the debt collector, so the OC no longer has any of them. Also believes that the Verizon CSRs are incompetent, but that AFNI has all the information, so whatever they claim must be accurate, and all consumers claiming to be dunned erroneously (which is virtually ALL consumer complaints against AFNI), are "being deceitful and fraudulent".

    Essentially the same viewpoint (including even the level of naivete) as that expressed by several other alleged AFNI employees who have responded on www.complaintsboard.com


    http://www.complaintsboard.com/complaints/3894/page/7

    "17 hours 36 minutes ago by Jerry Lopez
    What cracks me up is that all of you are harping against afni for this when they are doing what they are paid to do... by... verizon see verizon says "here these people havent paid in 1,5,10 years make them pay" they hand over all information to afni then afni collects... or trys to. and the people here who are only beefing because the debt is from 1997... guess what there is no statute of limitations on how long you owe the money... there is a statute of limitations on how long they can report it to the credit bureaus or sue you but they can try to collect it again in another 20 years if they want to because if you received the services and verizon can back it up then you owe the money... as for the people who call verizon and say "hey this collection agency is coming after me" and verizon says we dont have that on file its because you spoke to a 20 yr old idiot with his first job that doesnt know how to read or want to explain to you that they have no records on file because they were all sent to the collection agency... the account itself is expunged from the system... as for the "i never had that phone #" did ya ever think that in the last 10 yrs they wanted to reuse the phone #? because thats what they do and instead of having two accounts with the same phone # as accnt #s they give the delinquent accnt an actual accnt # and thats also how you get "the phone # sounds familiar but that area code is in kansas and i never lived in kansas".

    I did a report in college about how the entire process works and i learned from all angles it is usually the perswon getting the letter who is being deceitful and fraudulent because they feel wronged that how dare they bring this up now!!!

    Hate me for the truth if youd like. Your welcome to those who see how it makes more sense. "
     
  11. BeerGarden

    BeerGarden Member

    Ontrack,

    I do not show any inquiries by AFNI. This is an old account that I would like removed. I have already disputed online with the CRA's and of course they come back verified.

    I have read many responses as to Validating with the CRA 1st and then the CA 2nd. I have also read to Validate with the CA 1st and then the CRA's. Not sure which way to go. Letters are going out tomorrow and I don't want to make a mistake. I have already disputed with the CRA's online, but I have not disputed in writing yet. Should I have all the CRA's re-investigate the TL 1st? Then, Validate with AFNI?
     
  12. ontrack

    ontrack Well-Known Member

    To sue, you need to fit the requirements of either FDCPA, or FCRA, or an equivalent state consumer protection law, that gives you a private right of action to sue. Both FDCPA and FCRA usurp tort law for things like defamation, but in exchange, they also allow for suing in YOUR jurisdiction, either federal or state, and they allow for courts to award attorney's fees, which works to your advantage.

    You have presumably already disputed the TL thru the CRAs, and AFNI is "verifying". That would give you a right to sue under FCRA.

    If you dispute and request validation, and that validation is within 30 days of their initial communications to you that notified you of your right to dispute, or if they NEVER contacted you, then they would have to cease collections, including "verifying" a TL on your credit reports, until they validate. So if you did request validation, they received it, and 2 weeks later you disputed again thru the CRA, if they "verified" you would sue for continued collection, and if they did not "verify", the CRA would have to remove. You use this to add additional FDCPA claims to your existing FCRA claim, as well as to put them on notice directly, on top of the CRA dispute, that the account is disputed as NOT YOURS.

    AFNI might claim in their defense that they sent you an FDCPA notice on this debt a long time ago, and that more than 30 days has passed so they don't have to validate, but YOU don't have to raise that defense for them, nor is their raising it a guarantee that a court will accept it. It is also irrelevant to their erroneous reporting.

    Furthermore, if they DO claim that, you still have them on verifying erroneous information, and/or you proceed to demanding an investigation and removal of the erroneous account under FACTA, which applies to all data furnishers at all times. With each dispute, since you know the reporting is erroneous, they tighten their own noose, and weaken their defenses against your FDCPA or FCRA claims, including any claim that they made a bona fide error dispite having procedures in place to report accurately, or alternatively they remove it now. The choice is theirs.

    By the time you take them to court, you want them looking like incompetent or malicious fools and their violations to be willful and deliberate, so that their best option is to pay both damages and your attorney fees, thus covering your costs. Covering your costs is why you want to make all claims the law allows. You also start documenting damages, by applying for and being refused for credit, documenting any increase in rates with other creditors and verifying the reports used in making those decisions, etc.

    In short, you want to creat a case, including your paper trail, ready to hand to an attorney, where he is likely to obtain both damages for you and fees for him, so that he will take it on contingency, and so that Afni will likely prefer to settle quickly anyway. You can either fight uphill, or you can fight downhill, and when the difference is apparent to your opponent, it will likely affect his own decisions.

    Note: I am NOT an attorney. The above is simply what appears to me to be a viable strategy in your circumstances.
     
  13. ontrack

    ontrack Well-Known Member

    Summary of complaints under search for "Afni" on Findlaw:
    boards.lp.findlaw.com

    Original copyright Findlaw, excerpted under "fair use".
    Search as above, and expand each item, to see full details of each consumer complaint.

    Note several patterns common to other complaints:
    1) Upsurge in complaint levels since Jan. 2007 is evident.

    2) All consumers complain they do NOT owe the alleged debt.

    3) Most complain they NEVER had the alleged account, or did business with the alleged original creditor. In fact this is the main factor that makes these consumer complaints stand out.

    4) Some claim account was paid and closed, in some cases even early termination fees paid, with no further contact from the original creditor to indicate any outstanding bill. In the minority of cases where a consumer actually recognizes an account, this is becoming a common pattern. Transfers of alleged accounts to Afni may be including consumer information on accounts which are NOT actually bad debts.

    5) One claims misidentification, with the actual alleged debtor easily findable in the phone book. Another claims name on bill from Afni is only similar to theirs, is clearly a different person, and are incensed that Afni wants them to file fraud complaints on what is clearly misidentification by Afni itself.

    6) One claims police report filed and sent, still receiving calls from Afni.

    7) One claims his sister received a bill Afni claims she owes, alleging it was his account, he claims he never had such an account. Additional evidence that Afni is dunning based on past address searches, and not just erroneous name matching. Possible third party disclosure violation.

    8) No one reports receiving validation from Afni.


    "Findlaw's Message Boards
    Consumer Rights

    Keywords: afni

    AFNI/ Charter Communications - Lunakat805 Apr 3, 2007 03:29 pm
    We have the same problem-but we've NEVER had cable! Afni says its for cable for a person with a name SIMULAR to my husbands in the same area code 13 years ago and we now have to file for identity theft and send THEM all the info! Sounds like THEY stole OUR identity!..

    Hi Joe - Nguyen1 Mar 9, 2007 08:57 am
    I'm having a similiar situation as you regarding an Verizon account with Afni collection. Can you update me on your situation at diatonic5th@comcast.net

    Afni collecting on behalf of Verizon Communications Again - erin young Feb 13, 2007 12:47 pm
    My husband is deployed and I received a letter from AFNI stating that he was reported to collections for an account previously help by GTE now VERIZON. Talking to my husbands parents its for a personal phone line my husband had in high school and college that they paid for.
    My concerns regarding this debt are as follows, why has this not shown up on his credit report in more then 10 years...


    Afni Fraud - KalyanC Jan 31, 2007 01:01 pm
    They sent me a letter stating that I owe more than $1000 to Verizon. I have not used Verizon in last 9 years and last time I have closed the account satisfactorily without any outstandings.
    Please suggest how we can collectively take action against Afni Colelctions.


    Joe the truthfinder - Jerri Scroggins Jan 29, 2007 10:00 am
    Dear Joe, I read your letter and much to my surprise the same the has happened to me. They sent a letter to my sister telling her she is responsible for a "debt" owed in my name. I never had an account with Verizon Wireless and my credit report is showing that I do not owe a bad debt, especially to Afni Collections...

    Afni collecting on behalf of Verizon Communications - Joe the truthfinder Jan 20, 2007 05:23 pm
    Afni collection is collecting on an account that I have never had with Verizon Communications. This is not Verizon Wireless, rather Verizon home communications. I have never had an account with Verizon Communications...

    AFNI Fraud - janetbydesign Jan 17, 2007 11:55 pm
    I recieved a bill 1 1/2 years later for a finalized account with Cellular One. I paid the early cancellation rate with them because my invoices were not the same as my usage, so I cancelled the account. I paid the penalties and moved on...

    AFNI-FRAUD - Toji Thomas Jan 17, 2007 07:05 am
    I received a letter from AFNI COLLECTIONS stating that I owed $300 to Verizon Communications. I have never had Verizon in my life. The number referenced belongs to another individual that can easily be looked up through whitepages.com...

    Afni strikes again. - Andy Montano Jan 9, 2007 09:37 pm
    01/02/07 I also received a letter from Afni Collections, stating I owned $1,900+ dollars to Verizon Communications. The phone number referenced was foreign to me and when I contacted Verizon, they have no record of this debt. I reported Afni to the Federal Trade Commission and USPS...

    Me Too in Kalamazoo - greg yzerman May 12, 2006 06:48 pm
    Kat I too have recieved letters from Afni for a Charter bill in Kazoo. I filed a police report and sent out copy's of all kinds of info.Charter claims that Afni is their collection agency..Just when I thought I was done with them, Afni called tonight this time on my cell phone..I have no idea how they got the number?? What did you do...

    AFNI Collections - trust me Mar 31, 2006 06:51 pm
    Send in a letter of dispute and any proof you have that you don't owe it. If they can validate the bill, it means they have proof you still owe it. If they cant validate it, they cant put it on your credit...

    AFNI collection letter for Charter Communications - Lynn Soro Mar 17, 2006 11:34 am
    I also received a collection letter and was told that Charter had recently hired AFNI (December, 2005) to collect on "skips" that had bolted and left no forwarding address. When we unfortunately had Charter service (in 1997) we had cable boxes and they were returned and the final balance was paid. We also provided the post office with a forwarding address so there was no way this should have happened...

    AFNI collection agency fradulent lettersfor CHARTER COMMUNICATIONS!! - Lunakat805 Feb 8, 2006 05:33 pm
    Received a letter today from an AFNI collections agency that supposedly is collecting $200+ for Charter Communications, which we've NEVER done business with (and as far as am I concerned, never will). I just want to post this so others don't fall for this trap!! I'm gonna fight it with all I got (including my lawyer friends :) )!..
    ... "
     
  14. ontrack

    ontrack Well-Known Member

    Another Afni/Charter alleged debt, billed to consumer who had once lived at address that Afni claims is associated with the account, but not at the time the account was allegedly opened. Consumer claims this is not their account, and that they have never had an account with Charter.

    Afni is reporting the collection account on the consumer's CRs. Consistent with Afni billing consumers based on address matches, ignoring the name on the account. Usual Afni request to pay or file fraud report and send them a bunch of id.

    May be id theft, if the Charter account was fraudulently opened in the consumer's name.

    May be FDCPA violations for deception, and possibly mail fraud, if Afni fraudulently sent out a bill to this consumer on an account that was in fact legitimately opened by a different consumer with a different name.

    May also be id theft by Afni, if the original account from the original creditor was in another name, Afni associated this consumer's name with the account, and as is their practice, set up an on-line "account" with a password tied to this consumer's SSN, if that SSN was obtained from credit reports and not from the original creditor with the original account information.

    May be illegal access to the consumer's credit reports without permissible purpose, violating FCRA, if Afni pulled reports on this consumer, when the original account was in a different name. Permissible purpose "for collection" is based on the original transaction being initiated "by the consumer".



    http://smallbusiness.yahoo.com/r-answers-a-20070404160157AAtGtU4-k-ID+fraud

    "Account I didn't open on my credit report?

    I just pulled my credit report, and noticed that there was a collection account from a company called "Afni". I called them up and they said it was from a cable company (Charter Communications) and it was delinquent as of 2000 and the account was opened in 1998. The problem with all of this is - I NEVER opened an account with Charter Communications and I didn't live at the address the collection company says it was opened at, during that time period (I did however live at that address at one time). When I asked what my options for recourse were, I was told that I could file a fraud claim and would need to provide the following: 1. Proof of residence at that time (tax records, lease papers, etc...) 2. Valid picture ID 3. Copy of Social Security card 4. Police Report My question is: Are there any other options to get this off of my credit report? The balance is only $240, which is an incredibly small amount for me to have to do all this work. What can/should I do? Matt, your points were good. I'm wondering, do you know, since it was delinquent as of 2000, but shows reported on my credit report as of 2005, which is the legal start of the 7 years?

    3 weeks ago - 5 answers"
     
  15. ontrack

    ontrack Well-Known Member

    More bogus telecom "debt", this time RPM Receivables/Sprint.

    http://www.ripoffreport.com/reports/ripoff245776.htm

    "Category: Corrupt Companies
    Submitted: 4/26/2007 5:21:05 PM
    Modified: 4/26/2007 5:21:00 PM


    RPM Receivables & Sprint RPM HARASSING ME WITH INSURMOUNTABLE PHONE CALLS RE: AN ACCOUNT I "NEVER" HAD WITH THEM! RIPOFF Bothell Washington

    Company: RPM Receivables & Sprint
    Address: 1930 220th St. SE Ste. 101
    Bothell Washington 98201
    U.S.A.
    Phone Number: 866-212-7408
    Fax:


    On Sunday, 04/22/07, I received a phone call from a person identifying herself as an employee of RPM (Receivables Performance Management). She advised me that she was calling regarding the collection of a delinquent "Sprint" bill in the amount of $644.94. I informed her that I have never had an account with Sprint and she must be mistaking me with someone else. She asked me to verify the address that she gave me as mine, which I did. Again, I reiterated that I have never had an account with Sprint nor had I ever used any Sprint services whatsoever.She continued to state that I needed to pay the delinquent charges of $661.94.

    I asked her to send me a copy of the contract that I signed, and a copy of the invoice.The caller's response was her company had mailed me 3 copies of the delinquent bill and would not send it again.I rebutted her statement, and told her that I am very faithful at opening every piece of mail daily, and I was certain that a red flag would have gone up had I received the supposed invoice. Again I asked her to send me the documents, and she told me I would have to contact Sprint.I said goodbye!

    I contacted Sprint customer service - they have no record of my name on an account and need an invoice # to research the matter. As of 04/26/07, I have received 9 phone calls from RPM, have not answered them, and they have not left a voice mail! This is harassment in its truest sense, particularly because I have never conducted any business with Sprint!!!!

    Laura
    Chicago, Illinois
    U.S.A."
     
  16. ontrack

    ontrack Well-Known Member

    Another claim of an Afni collections letter on an old bogus account. Consumer claims they never had the alleged phone number.

    http://probe.alienswede.com/2007/04/15/fraudulent-collection-notices-from-afni-collections/

    "Fraudulent collection notices from â??Afni Collectionsâ?

    Just a quick note to watch out for fraudulent collection notices from a company called â??Afni Collectionsâ?. I received one of these today and they look very legit. The claim on my notice was that I owed $197.29 on an account with a telecommunications company for a phone line. I havenâ??t actually had a phone line with this company in over 7 years and the phone number listed is not one that Iâ??ve ever had.

    Doing research on the Internet I found plenty of information pointing to the whole thing being a scam. Many people have been burned by this company and have posted their experiences online. Iâ??m sure countless others have simply paid their alleged debts without doing scrutinizing the notice.

    I am sending these scumbags a written letter asking for written verification of the debt as well as a copy of their license to operate in the state of New York. Of course Iâ??m sending it certified and with signature required. I donâ??t expect Iâ??ll ever hear back from them because they can not provide the documentation that Iâ??m asking for since it does not exist.

    Just keep an eye out for these kinds of things. If you do get one, make sure you follow up with a letter. If you donâ??t, chances are theyâ??ll report you to the credit agencies as they have done to other people that didnâ??t pay their fake debts. Shady shady shady.

    ..."
     
  17. ontrack

    ontrack Well-Known Member

    Permissible purpose for purposes of collection does NOT extend to fishing for other consumers whose names are clearly NOT on the account, nor does it even extend to pulling consumer reports just because you might currently be involved in, might be planning, or might have once possibly had an excuse to be involved in litigation.

    The "business purpose" PP similarly applies only to a transaction "initiated by the consumer, again not applicable to consumers whose names are NOT on the original account. The only other remotely "collection" related PP is "child support", with specific restrictions on what agencies can do it and how they can do it.

    In short, collection permissible purpose is either derived originally from a consumer initiated transaction creating an account that led to the alleged debt, or from a judgement against the consumer already in hand, "and no other".


    (FTC FCRA now has jump links to sections, like FDCPA. Very handy.)

    http://www.ftc.gov/os/statutes/fcra.htm#604

    "§ 604. Permissible purposes of consumer reports [15 U.S.C. § 1681b]

    (a) In general. Subject to subsection (c), any consumer reporting agency may furnish a consumer report under the following circumstances and no other:

    (1) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury.

    (2) In accordance with the written instructions of the consumer to whom it relates.
    (3) To a person which it has reason to believe

    (A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or

    (B) intends to use the information for employment purposes; or

    (C) intends to use the information in connection with the underwriting of insurance involving the consumer; or

    (D) intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or

    (E) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation; or

    (F) otherwise has a legitimate business need for the information

    (i) in connection with a business transaction that is initiated by the consumer; or

    (ii) to review an account to determine whether the consumer continues to meet the terms of the account.
    ..."


    Felony criminal penalties may apply.

    http://www.ftc.gov/os/statutes/fcra.htm#619

    "§ 619. Obtaining information under false pretenses [15 U.S.C. § 1681q]

    Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both."
     
  18. ontrack

    ontrack Well-Known Member

    Consumer received collection notice on alleged debt they do not owe.

    FDCPA violation for abusive debt collection, and threatening to damage credit on a legally unreportable "debt".

    Probably verbally refused to validate.

    Consumer believes the "debt" is fabricated, and they obtained his SSN, but not from any legitimate account.

    Consistent with attempting to collect an alleged debt based on address matching, and obtaining identity information (name and SSN) from other than original account sources, to use in that attempt.


    http://www.complaintsboard.com/complaints/3894/page/7

    "14 hours 15 minutes ago by contesting it also

    I was tripping out when I recieved my notice that was supposedly for a location that I lived in from 98 to 99. First thing I noticed was the total lack of evidence that I owed anything. I mean anyone can send out a notice demanding money. I called the number and after a long wait finally got through to a totally ******* that basically said that they will mess up my immaculate credit if I don't pay them 500 bucks. After some research on the internet I'm confident that I have an ironclad case against them and will be disputing it tooth and nail. Additionally I'm putting a lock on my social security number now that I realize first hand how easy it is to get that information and trump up a lame duck case like this.

    Whatever you do don't pay them a cent and make sure you send a registered return reciept snail mail letter disputing the debt's validity as soon as you can. These guys are horrible. "
     
  19. ontrack

    ontrack Well-Known Member

    Consumer received collection notice on alleged debt they do not owe. Consumer knows with certainty that they never had a Verizon phone line at the alleged address, and never lived in that city or state.

    FDCPA violation, abusive debt collection (consumer accused of lying).

    Implication of "fraud" or "breaking the law" (accused of "lying" when claiming it wasn't her debt), implication this is an "investigation", hence implied threat of possible criminal action if not paid.

    Intent to collect a debt from a consumer they know, or should know, does not owe it.

    In this case Afni is not alleging "id theft" as they have often claimed, but is instead, out of the box, already trying to refute a consumer's probable dispute for misidentification or id theft. They must therefore already know the account particulars are consistent with either misidentification or id theft. In short, Afni already "believed", or this "CSR" was taught to assume, that this consumer would likely claim this was misidentification or id theft, and also taught ("it was her job to make these kind of assumptions") how they should respond to attempt to refute that and still try to collect.

    Phone calls to the city you now live in are "proof", yet there is no argument over whether records show you lived at the address of the original account. In short, they jump from the name on the original account, someone else with that or a similar name (but an old maiden name), no check that that identity shows the original address as a past address (since they have used such past addresses in other allegations, they have that capability, via Accurint or credit reports), and the strongest "proof" they raise of the identity of the "debtor" is that they claim phone calls were made to the current address CITY?

    Allegations based on phone calls may or may not mean they have actual phone statement records, as no validation has been provided, and consumer does not claim any recognized phone numbers were alleged to have been called. Some alleged Afni employee responses have claimed "all records" were transferred in the GTE/Verizon debt purchase.

    Consistent with attempting to collect an alleged debt based on sloppy name matching, but with no confirmation by SSN or address matching, in this case finding a name hit against an old maiden name in another city and state.


    http://www.ripoffreport.com/reports/ripoff246557.htm

    "Category: Corrupt Companies
    Submitted: 5/2/2007 12:58:14 PM
    Modified: 5/3/2007 10:16:39 AM


    Afni sent me a collection letter for a disconected phone through verizon from another state with my maiden name ripoff Bloomington Illinois *Consumer Comment ..Anfi

    Company Afni
    Address: PO Box 3427 Bloomington, Illinois 61702
    Kansas City Missouri 64109
    U.S.A.
    Phone Number: 816-4743434
    Fax:


    Afni sent me a collection letter for a disconnected phone line in another state. The collection letter has my maiden name which I have not used in 7 years.
    When I called to try and solve the problem the customer service person accused me of lying and told me it was her job to make these kind of assumptions! I have lived in the same area my entire life and have had utilities in my name since I was 18 and job tax forms to prove I was living and working in another state than where they are claiming I had a landline.

    After my very clear explanation I was accused of lying because the woman said she checked the phone records and there were calls made to the city I live in now from the phone number they are saying I used then.

    Extremly inappropriate customer service please help. What do I do to fix this?

    Carolina
    k.c., Missouri
    U.S.A."
     
  20. ontrack

    ontrack Well-Known Member

    Consistent with misidentification, id theft, or erroneous matching by address.


    http://www.complaintsboard.com/complaints/3894/page/7

    "2 hours 38 minutes ago by Bobbi Tillia
    Jerry Lopez did a report once. Let's all bow to his expertise!

    Please. We received the SAME collection notice addressed to my huband and he's NEVER had phone service of any kind from any company under his name. This company knows exactly what they're doing. These debts are fabricated for the purpose of tricking people into sending money. Even if 99% of the people who receive these notices don't pay, the money they make from the other 1% makes it profitable for them.

    Take steps to protect yourself and put a stop to this. "
     

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