Roswell Beach Tan

See response attached.

Cory response received in our office via e-mail on 1/5/2018

October 13, 2017   [redacted]
[redacted]
[redacted]
[redacted]     Re: File Number:[redacted]        PCA reference number [redacted]        Consumer...

Name: [redacted]     Dear Mediator [redacted]:   Thank you for providing the additional comments from Mr. [redacted]. This is in response to your request that we provide Mr. [redacted] updated information.   Mr. [redacted] is correct, our response was the same as the one filed with the Consumer Financial Protection Bureau via its “compliant portal” on or about June 19, 2017. The CFPB reference number is 170619-2178678. We then provided our response to the referenced complaint on June 29, 2017.   Mr. [redacted] appears to raise several issues and I will try to address them as follows: 1)          That Mr. [redacted] does not have a relationship with Phillips & Cohen Associates, Ltd. 2)          That we have not provided validation information, and 3)          Calling three times constitutes harassment.   Regarding the first point, our clients Merrick Bank and PCA Acquisitions V, LLC provided information that Mr. [redacted] was a holder of credit cards for those institutions. Mr. [redacted] disputed those facts, so in turn we referred the dispute back to our clients. We have ceased all collection efforts, notified the clients, closed the accounts and returned the accounts to our clients. There will be no further collection efforts from Phillips & Cohen Associates, Ltd.   Previously we reported that as an agent of Merrick Bank and PCA Acquisitions V, LLC we have a legal right to collect on the debts sent to us. We reported the following information:   On or about May 21, 2014, our client, Portfolio Asset Group, which is a trade name for PCA Acquisitions V, LLC., placed the account of [redacted] with Phillips & Cohen Associates Ltd, to recover the outstanding balance on the account ending in “1247”.  This was a Walmart Credit Card that was issued to Mr. [redacted]. PCA Acquisitions V, LLC is a related company to Phillips & Cohen Associates, Ltd. On May 22, 2014, we sent the initial validation letter as required by 15 U.S.C. §1692(g) (The Fair Debt Collection Practices Act.) There was one conversation on or about August 3, 2016, at which time Mr. [redacted] indicated he was not aware of the account and then hung up on our agent. Our research of the complaint also found a prior account with Mr. [redacted] in our system for Merrick Bank; that account was closed and recalled by the client (Merrick Bank) on September 28, 2016. Although our review of this complaint confirms our belief that every action of Phillips & Cohen Associates complied with the law and our client’s directives, there will be no further contact with the consumer, [redacted], by our company. We believe that Phillips & Cohen Associates has acted compliantly and professionally regarding this matter, nevertheless, we will cease all communication in regard to Mr. [redacted]’s account. 2) The Fair Debt Collection Practices Act, 11 USC §1692g(a) requires that a collection agency provide a validation notice which must include: (1) the amount of the debt, (2) the name of the creditor to whom the debt is owed; a statement allowing the consumer 30 days to dispute the validity of the debt and, if in writing, the name of the original creditor if different from the current creditor. We provided such information to Mr. [redacted]. He then asserted that he was not the owner of the debt in question. Since he asserts this is not his debt, he would be a third party whom we incorrectly identified and, therefore not entitled to any personally identifiable information of a third party.  Since we will not be contacting Mr. [redacted] any more regarding this account and have notified our client of the complaint; we believe that Mr. [redacted] has achieved the objectives which he expressed in his correspondence to your office. Phillips & Cohen Associates, Ltd. does not own the debt and will not assign it to any third party. We cannot control the actions of our clients. Additionally, we do not report to any credit reporting agencies and are not a “furnisher” for purposes of the F.C.R.A. 3) Mr. [redacted] further asserts that three calls over an extended period constitutes harassment. We respectfully disagree and rely upon numerous court rulings that support our position. Courts addressing § 806(5) of the FDCPA have issued various rulings as to what constitutes repeated or continuous calling. Many courts are unwilling to find harassment based solely on the number of calls placed by a collector in a given period, and rather, look at the pattern of calls instead of just the frequency. Additionally, courts have recognized that multiple calls are often necessary to ultimately reach the consumer. We feel confident that our pattern of attempting contact with Mr. [redacted] was reasonable and in compliance with the law. Finally, Mr. [redacted] questions why I have not responded to him directly. Phillips & Cohen Associates, Ltd. (“PCA”) has responded to Mr. [redacted]’s filings with both the CFPB and the State of Kentucky. We have responded promptly and professionally to those inquiries. PCA respects the mediator service of the State of Kentucky’s Office of Consumer Protection. Since Mr. [redacted] opened a complaint file in this forum,  it is appropriate to respond through this neutral channel.   Thank you again for your assistance. Please let us know if you need anything further.  Respectfully submitted,  [redacted]

RE: ID #12063997 - [redacted]     Phillips & Cohen Associates, Ltd. takes every communication from a consumer seriously and attempts to respond promptly to all complaints. This is, especially, the case when we receive a communication from the Revdex.com. We have investigated what...

transpired and believe that there was a timing error that led to the collector offering one amount and the Settlement Letter offering a different amount to settle this account.   Accordingly, we are honoring the request of the consumer, Mrs. [redacted], and will refund to her the amount of one hundred three dollars and five cents ($103.05). This amount is the difference between the written offer and the agreement which she made over the phone with our agent.   [redacted] S.V.P. of Compliance/General Counsel Phillips & Cohen Associates, Ltd. 1002 Justison Street Wilmington, DE 19801

Please see our response attached.