AFNI, Inc. contacted me about an alleged debt supposedly owed to a now-bankrupt cellphone company over a month ago. I responded promptly and requested validation.
They sent a copy of an invoice from a single month of service. I responded by asserting that they had failed to validate the debt, and that contacting me again without enclosing a copy of a contract with the original creditor with my signature, along with bills for every single month of service, would be in direct violation of the FDCPA.
Today they sent another letter demanding money. It contained nothing other than an invoice for a single month, exactly what they sent previously.
All my letters were sent via USPS with signature confirmation.
At this point, they have contacted me without proper validation after I told them to stop, so they have violated the FDCPA.
What should I do now? I plan on the following:
-Contacting my local Department of Consumer Affairs and filing a formal complaint.
-Contacting AFNI again to inform them that they violated the FDCPA and that I'm filing charges.
Is there anything else I should do?
You need to contact your atty generals office. After you sent them a letter to quit contact they were only allowed to contact you one more time after that and with that contact they had to inform you of what their next action would be. They have not sent proper debt validation and probaly can not do so since this company went out of business. You really should contact the Atty General. Alos continue with your above actions. Have you sent a cease and desist letter by certified mail? If not do so promptly. Let us know if you need further assistance and how you are doing on this.
Hi Haplo
Since you have already send the debt validation letter, and they have not validated your debt properly, you need not pay them back. You can send them another letter after 30 days from the date they have received the debt validation letter, telling them that you do not agree with their validation and ask them to provide a proper validation of the debt. If they still disturb you without validating the debt, you can send them a C and D letter which will stop them from disturbing you for the debt.
You can send a cease and desist letter to the CA, but this should be your last instrument against the CA because on getting this C and D letter, they will move your credit account under legal status. As soon as you send a C and D letter, they may sue you to the court for the recovery of the debt and so only if you are sure that you do not owe them the debt send C and D letter. You can also make a complain against them to the State AGs office and the BBB.
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