ComplaintsforFrego & Associates - The Bankruptcy Law Office, PLC

• Initial Complaint

  05/05/2022

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  15 **** **** section 602 A. States I have the right to privacy.15 **** **** section 604 A Section 2 : It also states a consumer reporting agency cannot furnish a account with out my written instruction.15 *********** Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt.

  

  Business response

  05/17/2022

  Dear Sir or Madam, We have read the complaint you provided,and it is inaccurate. We are not, and have never been, a "debt collector" or "collection agency". We do not use debt collectors of any sort. *********************** is a client of our firm and, under the ***** we are a "creditor" insomuch as the debt owed to our firm originated with our firm. The nature of this debt is not subject to the provisions cited because we not attempting to collect a debt owed to a third party, as we are not a collection agency.
  
  We are not a consumer reporting agency either and we have not furnished any account of Ms. ******* credit history to any party.
  
  Under the **** we have every right to ask **************** to honor her obligation and contract with the firm. Had we sold or transferred this debt to a collection agency the rules and statutes cited in the complaint would apply. Instead, this complaint appears to be a be a cut and paste of valid language that is not applicable to this situation.
  
  **************** did hire us in 2020 and we represented her in a Chapter 7 Bankruptcy that was successful. She received a discharge from her debts in case 20-52052.
  
  **************** referenced the **** but, in the body of that law,you can clearly see that we are not a "debt collector" as defined. In fact, the law clearly states that creditor collecting a debt that originated with their organization is not a debt collector.
  
  (6)The term debt collector means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f(6) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include
  
  (A)any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;
  
  15 U.S. Code 1692a(6)
  
  We thank you for bringing this to our attention and we are happy to discuss it with you further.

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