Debt collection -- Attempts to collect debt not owed -- Complaint #12657901

Complaint Overview

Complaint ID: 12657901

Company: Lockhart, Morris & Montgomery INC.

Product: Debt collection

Sub-Product: Other debt

Issue: Attempts to collect debt not owed

Sub-Issue: Debt is not yours

State: Pennsylvania

ZIP Code: 156XX

Date Received: 2025-03-25T12:00:00-05:00

Date Sent to Company: 2025-03-25T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

FORMAL COMPLAINT AGAINST LOCKHART, MORRIS & MONTGOMERY FOR VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT ( FDCPA ) AND FAIR CREDIT REPORTING ACT ( FCRA ) Dear Sir/Madam, I am submitting this formal complaint against Lockhart, Morris & Montgomery ( LMM ) for multiple violations of the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ). Despite my lawful attempts to exercise my rights under federal law, LMM has continued to engage in improper collection activities, inaccurate credit reporting, and unauthorized communication in direct violation of my rights. Background of the Complaint XXXX. Debt Validation Request Sent and Received On XX/XX/year>, I sent a formal debt validation letter to Lockhart , Morris & Montgomery by certified mail. According to the XXXX tracking information, LMM received the letter on XX/XX/year>. The letter formally invoked my rights under the FDCPA ( XXXX XXXX. XXXX ), demanding validation of the alleged debt and instructing the company to cease all collection activities and communication unless and until the debt was properly validated. XXXX. Unauthorized Collection Activity Following the Validation Request Despite the fact that LMM received my debt validation letter, they proceeded to engage in unlawful collection activity in violation of the FDCPA : On XX/XX/year> ( the same day they received my validation letter ), LMM left a voicemail on my phone instructing me to contact them which is a direct violation of XXXX U.S.C. XXXX ( b ) since no validation of the debt had been provided. LMMs continued contact after receiving my request to cease communication unless validating the debt constitutes harassment under XXXX XXXX. XXXX ( c ). XXXX. Failure to Report the Account as Disputed on My Credit Reports LMM failed to comply with the requirements of the FCRA ( XXXX XXXX. XXXX ( a ) ( XXXX ) ) by failing to accurately report the status of the account as disputed to the credit reporting agencies ( XXXX, XXXX, and XXXX ) after receiving my debt validation letter. The account currently reflects as an open collection account but does not display the legally required disputed notation, despite my formal dispute. The FCRA mandates that any account subject to a dispute must reflect that status on the consumers credit report, which LMM has failed to do making the continued reporting legally inaccurate. XXXX. Improper Updating of Credit Reporting After Validation Request Furthermore, LMM improperly updated the balance and payment history of the account on my credit reports after receiving my validation request another direct violation of the FCRA and FDCPA. On XX/XX/year>, the balance was updated on XXXX and XXXX, despite the fact that LMM had no legal basis to update or collect on the account without first validating the debt. This misrepresentation of the account status constitutes an inaccurate and misleading entry in violation of XXXX XXXX. XXXX ( a ) ( XXXX ) ( B ). Legal Violations Based on the above facts, Lockhart , Morris & Montgomery have violated the following federal statutes : FDCPA Violations : XXXX U.S.C. XXXX ( b ) Continued collection activities after failing to validate the debt. XXXX XXXX. XXXX ( c ) Communicating with the consumer after a cease request was sent and received. XXXX XXXX. XXXX ( XXXX ) Failing to mark the account as disputed when reporting to the credit bureaus. FCRA Violations : XXXX XXXX. XXXX ( a ) ( XXXX ) ( B ) Reporting inaccurate information to the credit bureaus. XXXX XXXX. XXXX ( a ) ( XXXX ) Failing to report the account as disputed following a formal dispute. XXXX XXXX. XXXX ( a ) ( XXXX ) ( A ) Failing to properly investigate the disputed account before continuing to report it. Requested Resolution Given the clear and material violations of federal law, I am demanding the following corrective actions : XXXX. Immediate removal of the collection account from all three major credit bureaus ( XXXX, XXXX, and XXXX ). XXXX. Cease all collection activities related to this account, as no valid debt validation has been provided. XXXX. Provide documentation of any alleged debt and proof of valid assignment from the original creditor, XXXX XXXX XXXX. XXXX. XXXX compensation for the damage to my credit profile and the stress caused by LMMs unlawful conduct. Final Notice and Legal Consequences Should LMM fail to take immediate corrective action, I am prepared to escalate this matter further by : Filing formal complaints with the Federal Trade Commission ( FTC ) and the state attorney generals office ; Initiating a private civil lawsuit for damages under the FDCPA and FCRA, including statutory damages of up to {$1000.00} per violation, actual damages, and legal fees. I expect written confirmation of the corrective actions taken within XXXX days of the receipt of this letter. Failure to respond will result in the immediate filing of additional complaints and legal action. Sincerely, XXXX XXXX XXXX

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