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Can CA lie about who they are?


thiscoldhouse
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Question: Is a CA allowed to represent themselves as the OC or do they have to disclose that they are a CA?

Today's mail brought a letter from what at first appears to be a medical service provider. The letter is addressed to me, which is odd as I do not carry the medical insurance for my family (I am assuming that I was the patient). There is no date of service, no indication what this is for.

The top of the generic plain paper letter states "final notice" we regret that unless the above amount is paid, the unpaid condition of this account may be reported to Lynch & Assoc. This is an attempt to collect a debt and any information obtained may be used for that purpose. Sincerely yours, (the name of the medical service provider).

I did verify the PO box listed is not for the medical service provider, but am unable to verify who it belongs to. The CA has a poor BBB rating and has several PO box's in the same location as this, but not the exact same.

I am sending a DV, just curious if this an acceptable technique.

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They have to disclose the true name of their business.

(14) The use of any business, company, or organization name other than the true name of the debt collector’s business, company, or organization.

This is exactly what DV is intended for. Some unknown letter about some debt without any indication of what the charges are for and when they were incurred.

Did you ever get a letter about this previously?

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1. Yes, this is the first communication regarding this acct from anyone.

2. RE: They have to disclose the true name of their business-

The statement within a sentence "the unpaid condition of this account may be reported to Lynch & Assoc" would not be considered sufficient, would it? Is this a violation?

3. What is a flat rating?

Thanks again!

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2. RE: They have to disclose the true name of their business-

The statement within a sentence "the unpaid condition of this account may be reported to Lynch & Assoc" would not be considered sufficient, would it? Is this a violation?

I'm far from a least sophisticated consumer and the way that sentence is constructed looks like they are referring to Lynch & Associates in the 3rd person... IE the letter is from some company that is not Lynch & Associates.

So the letter is not from Lynch & Associates. Or maybe it is, I dunno.

No CA name is listed on the letter anywhere? Return address, heading on the letter?

3. What is a flat rating?

Thanks again!

Briefly, it's when a creditor buys collection letters from a CA. The collection leaders mislead a consumer into thinking a collection agency is collecting, when the CA is not really a particpant. They just sold/rented letters to a creditor.

The language on your letter is similar to the language discussed in Randle v. GC Services.

If you do not pay promptly, Publishers Clearing House has informed us that your file will be referred to us or another collection agency ···

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By the way, "flat rating" means the OC looses their exemption from the FDCPA and are considered a collection agency with all the provisions of the law falling upon them.

When an OC uses any name other than their own that could lead a consumer to the false belief a 3rd party collection agency is involved, the OC becomes a collection agency as defined in the FDCPA. This can also be triggered if an OC allows a CA to use their name to make it look like the OC is collecting when it really is a CA.

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Yup, they are referring to Lynch in the 3rd person, but I believe it is Lynch that is doing it. I contacted the OC and asked for their billing address and it is not the address listed on the bill.

I did send out a DV today and stated in the letter that it was unclear to me who the letter was from. We'll see what happens. Thanks again and Happy Holidays to all!

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By the way, "flat rating" means the OC looses their exemption from the FDCPA and are considered a collection agency with all the provisions of the law falling upon them.

When an OC uses any name other than their own that could lead a consumer to the false belief a 3rd party collection agency is involved, the OC becomes a collection agency as defined in the FDCPA. This can also be triggered if an OC allows a CA to use their name to make it look like the OC is collecting when it really is a CA.

Sorry to hijack...........but can it be triggered if the OC does hard pulls on a CR under the PP of "Collection"?????

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