5K Auto Sales LLC

The consumer was notified the account was placed with AMR by letter in October 2012; AMR’s letter was not returned undeliverableSince November 2012, AMR made numerous attempts to contact the consumer via phone to discuss the accountAMR had conversations with the consumer on the following dates: · September 14, · October 19, The date of delinquency on the account is 11/19/AMR is not attempting to collect this debt through litigationCredit reporting is allowed, by law, for seven years from the date of delinquencyThe consumer requested documentation to validate the account and the information was provided, AMR will provide the requested information again in response to this disputeAMR has no record of duplication on the consumer’s credit reportShould the consumer provide our office with a copy of the report showing a duplicated account we would be happy to investigate To date, the account remains open with a balance owedAMR will continue to report the open balance on the consumer’s credit report

Complaint: [redacted] I am rejecting this response because:I have not received any proof of these accounts like they said I would Sincerely, [redacted]

AMR received the account from the original creditor on 8/4/AMR subsequently sent the initial notification to the consumer at the address provided to the original creditorAMR made contact with the consumer on 11/1/AMR followed up with an additional notice, per the consumer’s request, after the call was concluded The consumer initiated investigation of the account on 11/16/Investigation results, including an itemized statement of charges and signed financial responsibility document, were mailed to the consumer on 1/9/AMR reported the delinquent account to the credit reporting agencies on 2/19/as payment was not receivedThe consumer contacted AMR requesting settlement of the account on 2/19/The consumer’s account will continue to be reported to the credit reporting agencies as the account remains open with a delinquent balanceWhen the account is paid it will be updated to a paid, or settled, collection account status

Initial Business Response / [redacted] (1000, 5, 2015/07/20) */ After review of the account with our client, it does appear the insurance was filed and the balance is the patients' responsibilityThe balance left owing after insurance is the patients deductible; if this does not appear to be correct, the patient would need to review with her insurance companies as both insurances were filed at the time of serviceOur client is willing to write off the co-pay account, but is not able to write off the deductible accountWe have canceled the co-pay account per our client

Initial Business Response / [redacted] (1000, 6, 2015/09/10) */ On 09/02/we called the consumer at the number provided to us by the original creditorShe notified us the number we were calling was her cell phone and advised she did not want our office to contact her cell phoneHer phone number was marked as a cell phone and flagged as not authorized to contact Initial Consumer Rebuttal / [redacted] (3000, 8, 2015/09/10) */ (The consumer indicated he/she DID NOT accept the response from the business.) I do not except the response because I should have never been called in the first place without my permission to do soI also want the account I was called about to be removed from my credit Final Business Response / [redacted] (4000, 10, 2015/09/14) */ The consumers' number has been flagged as not authorized for contactThe account will continue to report as an open owing collection account until paid; once paid, the account will be updated to a paid collection account

Initial Business Response /* (1000, 5, 2015/07/14) */
As the consumer mentions in his complaint, due to the nature of the call, Federal law requires us to properly identify the consumer using multiple pieces of information before disclosing the reason for the callFederal law forbids a debt
collector in most instances from talking about the subject matter of a debt to a third party who is not the actual debtorMoreover, review of the recording of the telephone conversation reveals that; the consumer did disclose we had indeed reached the correct partyThe consumer stated he had not received our bill and that the address information we had for him was incorrectOnce the consumer's address was updated we did agree to send a new bill to the consumer as requestedThus, in reality, the consumer cannot complain that his identity could have been stolen, or that he has otherwise been harmed in any wayAfter the call was referred to the Recovery Manager, the call was pulled for reviewThe Manager contacted the consumer and apologized for the tone used by the Recovery agent during the previous callThe Manager further explained the company's policy regarding proper identification of the consumer, and that this policy is appropriately designed to protect the consumer's identity and personal informationThe consumer was originally contacted regarding the first account referenced aboveOnce we had identified the consumer correctly, our office notified him of other outstanding accountsAn investigation has been opened regarding these additional accounts; in the event these accounts cannot be validated the accounts will be removed from our office and we will cease any and all further efforts to collect on the accountsWe are confident you will find we violated no laws in our contacts with this consumerPlease feel free to contact us if you have any questions or need any further information
Initial Consumer Rebuttal /* (3000, 7, 2015/07/15) */
(The consumer indicated he/she DID NOT accept the response from the business.)
This response by the business is a copy and pasted response from their answer to the complaint filed to the CFPBIt does not address the issues questionedI am copying the response I filed with the CFPB to this here as wellThis addresses each part of their response, as I would like my concerns and objections responded to
"As the consumer mentions in his complaint, due to the nature of the call, Federal law requires us to properly identify the consumer using multiple pieces of information before disclosing the reason for the callFederal law forbids a debt collector in most instances from talking about the subject matter of a debt to a third party who is not the actual debtor."
This is simply a restatement of the law and acts I had expressed concerns over
"Moreover, review of the recording of the telephone conversation reveals that; the consumer did disclose we had indeed reached the correct party."
The process was to inform me of my last four digits of my social security number, my (incorrect) address, name and date of birthAs stated in my original concern this does nothing to verify who I am as anyone could have said 'yes thats me', and stolen the pertinent informationIncluding giving a new address
"The consumer stated he had not received our bill and that the address information we had for him was incorrectOnce the consumer's address was updated we did agree to send a new bill to the consumer as requestedThus, in reality, the consumer cannot complain that his identity could have been stolen, or that he has otherwise been harmed in any way."
If the complaint had been read, I stated the possibility was very real of my identity being stolen and/or defrauded because of the process usedWhich I repeat as my concern so that it may be addressed; The process was to inform me of my last four digits of my social security number, my (incorrect) address, name, and date of birthAs stated in my original concern this does nothing to verify who I am as anyone could have said 'yes thats me', and stolen the pertinent informationIncluding giving a new address
"After the call was referred to the Recovery Manager, the call was pulled for reviewThe Manager contacted the consumer and apologized for the tone used by the Recovery agent during the previous callThe Manager further explained the company's policy regarding proper identification of the consumer, and that this policy is appropriately designed to protect the consumer's identity and personal informationThe consumer was originally contacted regarding the first account referenced aboveOnce we had identified the consumer correctly, our office notified him of other outstanding accounts"
This is correctI was called and apologized for the tone of the representative then told other than that they followed the letter of the lawsThey informed me they felt they broke no laws and this is their standard method of verifying individualsAt that time I informed the manager that I had no issue paying a small debt if I truly owed it, it was at this time he informed me that they had pulled up several accounts and I owed them more than thatAt this time I felt like it was retaliatory because of my complaint and ended the call
Final Business Response /* (4000, 9, 2015/07/24) */
Our agency contacted the consumer at the number he provided to the original creditor; using the phone number he provided, we verified his information to ensure the proper party had indeed answered the phoneOur office did not disclose the consumers' full social security number to prevent the possibility of identity theft
The accounts that were placed in our agency were referred months-years ago and are not "retaliatory" for any complaint calls

Complaint: ***
I am rejecting this response because: I can see that they did update the total amount on my credit reportI still would like to pay this is full and have it removed from my reports because they posted the incorrect amount in the first place and I have had to argue every step of the way speak with several people to have it correctedThis account should be deletedI will call and Pay the full amount today if they agree to delete it
Sincerely,
*** ***

The account was referred to AMR 04/14/by our customer and was listed for an incorrect balanceOn 05/24/our customer confirmed the balance was incorrect and this was corrected in our office the same day; on 05/31/an update file was sent to all three credit bureaus with the correct amount
referred for collections According to the FCRA, AMR’s duty as a consumer reporting agency is to correct or delete inaccurate, incomplete, or unverifiable information; this has been completedOur Recovery Manager notified the consumer of this 06/02/when he returned her callSince 06/02/16, the consumer has made a payment (dated 06/03/16) towards her balance and another update file was sent to the credit reporting agency 06/06/reflecting this payment As of today’s date (06/07/16), this is the only payment that has been received on the account since being turned for collectionsThe consumer does have a payment set up in our office, but not for the remaining balance

The first of the four noted accounts came into our office 10/15/Since receipt, we have had several conversations with the consumer including payment arrangements that were not kept After several disputes on the referenced accounts, the consumer did contact our office in January and
requested a settlement on the four accountsAfter negotiations with our client, a settlement amount was agreed upon and on 03/15/the consumer settled all four accounts with our office On 03/21/our office sent update files to all three credit reporting agencies to update the accounts to “settled in full” on the consumer’s credit reportOn 03/15/our office received a request for validation on the four accounts and we responded with a HIPAA release since the accounts were medical; this was not returned to our officeOn 04/25/our office received another request for validationAMR responded with a letter stating we had previously sent a HIPAA authorization to release medical information and we could not comply with the validation request until this was returned; to date, AMR has not received this release

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID 11157751, and find that this resolution is satisfactory to me I have no memory of making said payment plan, but my husband confirmed it I still would like to see a bill for the nearly $800, since I only remember using an ambulance once during the time frame Here's to hoping I don't have to spend a week trying to get payments made to you!
Sincerely,
*** ***

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me because AMR did what I requested and asked that the collections be removedHowever, when Arthur from Stillwater Medical Center contacted my father's assistant, she was only informed on a total balance of $2,This balance was paid on 7/24/There was no mention of any other outstanding balances from which needed to be paidIn the information I received from AMR just recently, I noticed that Stillwater Medical Center did have my correct address of the time notedAMR did not use this address but an older one which was not listedRegardless I had never received any letters from ARM stating the out due balance, and after the payment of $2,I was not contacted via phone regarding an outstanding balance by Stillwater Medical CenterIt would be my recommendation that AMR upgrade to a more reliable phone system which recognized when the call is answered more efficiently or that a policy be created which requests a person attempt to make contact, and not the machine, after a designated number of failed attempts of contactThis would help prevent similar issues for occurring in the future.
Sincerely,
*** ***

In accordance with the Fair Credit Reporting Act, AMR has fulfilled its obligations as a data furnisher to update inaccurate informationAMR does not negotiate credit bureau deletion in lieu of paymentAMR will continue to report the account as an open owing collection account until paid in full and then it will be updated to a paid in full collection account

Attached.

Initial Business Response /* (1000, 5, 2015/05/26) */
Our office is unable to obtain the information necessary to address the complaint; as such, we have canceled the account from our system and returned it to our client for further handling. We will send requests to the credit bureau agencies to...

notify the account should be removed from the consumers' credit report.
Initial Consumer Rebuttal /* (2000, 7, 2015/05/27) */
(The consumer indicated he/she ACCEPTED the response from the business.)
Business responded quickly and took appropriate action. Very satisfied.

Initial Business Response /* (1000, 5, 2015/07/20) */
After review of the account with our client, it does appear the insurance was filed and the balance is the patients' responsibility. The balance left owing after insurance is the patients deductible; if this does not appear to be correct, the...

patient would need to review with her insurance companies as both insurances were filed at the time of service. Our client is willing to write off the co-pay account, but is not able to write off the deductible account. We have canceled the co-pay account per our client.

The consumer was notified the account was placed with AMR by letter in October 2012; AMR’s letter was not returned undeliverable. Since November 2012, AMR made numerous attempts to contact the consumer via phone to discuss the account. AMR had conversations with the consumer on the following dates:...

·         September 14, 2015 ·         October 19, 2015 The date of delinquency on the account is 11/19/2010. AMR is not attempting to collect this debt through litigation. Credit reporting is allowed, by law, for seven years from the date of delinquency. The consumer requested documentation to validate the account and the information was provided, AMR will provide the requested information again in response to this dispute. AMR has no record of duplication on the consumer’s credit report. Should the consumer provide our office with a copy of the report showing a duplicated account we would be happy to investigate.   To date, the account remains open with a balance owed. AMR will continue to report the open balance on the consumer’s credit report.

AMR has confirmed with the original creditor that the account in question does belong to the consumer. A copy of the investigation results including signed financial responsibility documents and a copy of the consumers’ identification card that was presented at the time of service will be mailed to...

the consumer at the address provided to the Revdex.com. The account will continue to report as an open, owing collection account.

Please contact AMR at ###-###-#### as our office requires more information regarding the complaint. To date, AMR shows no money received from this consumer and has no knowledge of any FDIC payments. Furthermore, AMR has not done any collection services for Grady EMS since January 2017—all accounts...

were canceled and returned to Grady EMS.

Initial Business Response /* (1000, 6, 2015/09/10) */
On 09/02/15 we called the consumer at the number provided to us by the original creditor. She notified us the number we were calling was her cell phone and advised she did not want our office to contact her cell phone. Her phone number was...

marked as a cell phone and flagged as not authorized to contact.
Initial Consumer Rebuttal /* (3000, 8, 2015/09/10) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I do not except the response because I should have never been called in the first place without my permission to do so. I also want the account I was called about to be removed from my credit
Final Business Response /* (4000, 10, 2015/09/14) */
The consumers' number has been flagged as not authorized for contact. The account will continue to report as an open owing collection account until paid; once paid, the account will be updated to a paid collection account.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.
Sincerely,
[redacted]