Debt collection -- Attempts to collect debt not owed -- Complaint #4842219

Complaint Overview

Complaint ID: 4842219

Company: Smith, Cohen & Rosenberg LLC

Product: Debt collection

Sub-Product: I do not know

Issue: Attempts to collect debt not owed

Sub-Issue: Debt is not yours

State: Delaware

ZIP Code: 199XX

Date Received: 2021-10-25T12:00:00-05:00

Date Sent to Company: 2021-10-25T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

Federal Trade Commission/Consumer Financial Protection Bureau Complaint and Request for Company to be Placed on FTC Prohibited Debt Collectors List 1 ) On XX/XX/2021, Smith, Cohen and Rosenberg, with whom I have no relationship, sent to me an unsigned first debt collection letter, purporting to represent Brasures Pest Control , Inc. as a creditor ( File XXXX ). 2 ) Also on XX/XX/2021, Smith , Cohen & Rosenberg opened, reported and filed a Collections Claim with XXXX in attempt to collect a fraudulent debt. 3 ) The Letter had stated Unless this account or a portion thereof is disputed within 30 days from receipt of this notice, we will assume this debt to be valid. 4 ) Smith , Cohen & Rosenberg verified only that it received my timely XX/XX/2021 dispute of the debt an fraudulent, invalid, and my request for them not to report it to credit agencies for that reason. My response, a CEASE AND DESIST DEMAND LETTER, required that Smith, Cohen & Rosenberg restrain from further action, including debt collection, credit reporting, contact with others about the debt, and further communications to me about this fraudulent debt, protections guaranteed by the FDCPA. 5 ) My Demand Letter cited five independent bases for disputing the debt : a ) Their client is not a creditor as to me ; b ) No contract was executed to create a creditor-debtor relationship ; c ) Their client and I agree that no work was performed to create any such relationship ; d ) The amount Smith, Cohen & Rosenberg cited as due ( {$1300.00} ) is fraudulent. 6 ) With no requisite debt validation, requisite reporting the alleged debt was in disputed status, and no Notice required by 15 USC 1692 et seq ( Fair Debt Collection Practices Act ) on XX/XX/2021 Smith, Cohen & Rosenberg breached my privacy, and stole my identity to act against my credit report with no basis in law, by reporting a debt in the amount of {$1300.00} to XXXX. This second reporting act by them reduced my credit score very, very significantly. 7 ) On XX/XX/2021 XXXX XXXX XXXX of Smith , Cohen & Rosenberg acknowledged that amount represents a phantom {$1100.00} Brasures placed with them, having acknowledged the same facts in the Cease and Desist Demand Letter, and {$250.00} for the alleged collection agencys fees, which no contract or law, otherwise allows. MrXXXX XXXX welcomed me to sue them. 8 ) In the past two years, Smith , Cohen & Rosenberg have responded to 19 Complaints filed with the Consumer Financial Protection Bureau over this same unlawful debt collection activity. As such, they acted knowingly an intentionally. 9 ) I am unable to verify that Smith, Cohen and Rosenberg holds a XXXX XXXX XXXX XXXX business license, even for lawful collections. 10 ) Smith , Cohen & Rosenberg LLC advertises it is a revolutionary collections agency and a legal services firm. It deals in these industries requiring specialized licenses : Legal Services, XXXX XXXX XXXX ; XXXX ; Commercial Debt ; XXXX ; and Equipment Leasing. 11 ) Smith , Cohen & Rosenberg has refused to remove the Collection status of the unverified and fraudulent debt they placed with XXXX. 12 ) As such, as to me alone, XXXX XXXX XXXX XXXX XXXX XXXX and Smith , Cohen & Rosenberg LLC, and its agents and employees, have violated these twenty-eight ( 28 ) Sections of the Fair Debt Collection Practices Act : 15 USC 1692 ( a ) ( XXXX ) XXXX XXXX XXXX XXXX d ) ( 1 ) 15 USC 1692 ( e ) ( 2 ), ( 4 ), ( 5 ), ( 8 ), ( 10 ), ( 13 ), ( 16 ) 15 USC 1692 ( f ) ; 15 USC 1692 ( g ) ( a ) ( 4 ) ; ( b ) ( a ) ; 15 USC 1692 ( i ) ( 2 ) ( a ) and ( b ) ; 15 USC 1692 ( k ) ( a ) ( 1 ), ( 2 ) ( A ) and ( b ) ( 1 ) and Section 603 ( c ), ( d ) ( 1 ) ( A ), ( B ), and ( C ) ; ( f ) ; ( k ) ( iv ) ( I ) and ( II ) In addition, my identity has been taken to report this fake debt to XXXX, and the fraudulent communications have breached my privacy. Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, DE XXXX Companies involved : Smith, Cohen and Rosenberg LLC XXXX XXXX XXXX XXXX, Delaware XXXX XXXX XXXX, Owner Brasure 's XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX, Delaware XXXX

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