CAINE & WEINER COMPANY, INC. – CFPB Complaint 2017-06-20

Date Received: 2017-06-20

Product: Other debt

Issue: Written notification about debt

Consumer Consent Provided to Share Complaint: Consent provided

Consumer Complaint: 1. Caine & Weiner Company , Inc has failed to comply with Section 1692g which requires a debt collector to send a written validation notice to a consumer within five days of the collectors initial collection attempt and specifies what information the notice must contain. This section requires the notice to include statements that if the consumer disputes a debt in writing or makes a written request for the name and address of the original creditor, the collector will provide verification of the debt or the requested information. This section also requires a debt collector to cease all collection efforts if it receives a written dispute or information request until the verification or information is provided. i. This account was reported to XXXX and XXXX credit reports on or around XXXX XXXX, XXXX, to which several disputes have been filed, which have not received a response from Caine & Weiner Company, Inc 2. Caine & Weiner Company , Inc has failed to comply with Section 1692g of the FCRA that also requires the validation notice to include a statement that the debt will be assumed to be valid by the debt collector unless the consumer disputes the debt within 30 days. 3. Caine & Weiner Company , Inc has failed to comply with the FCRA statue that requires a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector. 4. Caine & Weiner Company , Inc has failed to comply with the FCRA statue that states that if a dispute is found to be frivolous or irrelevant, you must notify the consumer within five business days of receiving the dispute. This notice can be a form letter. Include the reason for the determination and, if relevant, any information the consumer needs to submit so you can investigate the disputed information. i. Caine & Weiner Company , Inc has failed to comply with the FCRA statue that states you must complete these steps within the same time allowed under the FCRA for the CRA to resolve the dispute. Normally, this is 30 days after the CRA gets the dispute from the consumer. If the consumer provides additional relevant information during the 30-day period, the CRA has 15 more days to resolve the dispute. The CRA must give you all the relevant information it gets within five business days of receipt, and must promptly give you additional relevant information provided by the consumer. If you dont investigate and respond to the notification of the dispute within the specified times, the CRA must delete the disputed information from its files. FCRA 623 ( b ) ( 2 ) and 611 ( a ) ( 1 ) Statue FCRA 616, 617, 621 states that if you dont comply with the FCRA, you may be sued by the FTC, Consumer Financial Protection Bureau ( CFPB ), state governments, or in some cases, consumers. The FCRA provides for maximum penalties of {$3800.00} per violation in the case of lawsuits brought by the FTC. Letters were not received until after my init request for verification on XXXX XXXX, XXXX Letters weee dated XXXX XXXX, XXXX. No other verification has been provided. This company has violated several FTC laws, including contacting the consumer after a dispute and request for verification has been filed.

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State/Zip: FL 337XX

Company Response to Complaint: Closed with explanation

Was Company Response Timely: Yes

Did Consumer Dispute Company Response: N/A

Complaint ID: 2554415

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