Here's a copy of my letter/response to Afni, Inc.'s attempts to collect on an almost decade old already paid phone bill:
November 30
Afni, Inc. First contacted me in September regarding a delinquent phone bill from Verizon California Inc. For a disconnected telephone number 760-365-0832 for the amount of $92.17. I contacted Afni, Inc immediately and spoke with an Afni, Inc representative who informed me that Afni, Inc was hired by Verizon to collect on this bill for non-payment. The representative informed me that Verizon was unable to locate me in 1998/1999 for collection of payment. I informed the representative that payment had been made prior to my move as part of my active duty status with the United States Marine Corps to Japan.
I informed her that the payment had not been made to Verizon though because I never had Verizon as a telephone carrier; it was made to GTE. I also informed the representative that all of my mail had been forwarded to a family members address pending receipt of my new address at that time. I received no communication from Verizon or any other entity regarding a delinquent bill during the 4 years I was stationed at Iwakuni, Japan even after filing an updated address change with the Post Office with my new overseas address.
I informed the representative that upon discharge from the Marine Corps and my return to the United States from Japan I again forwarded my mail to a new address in Arizona where I resided for at least 2 years. I did not receive notice of this debt at that address.
Furthermore, both times when I moved to and within Kentucky I filed change of address forms with the Post Office and never received any form of communication regarding this debt.in 2005 I purchased a home and examined credit reports from all 3 credit bureaus, which reflected no mention of an outstanding debt from Verizon or any other entity regarding a delinquent phone bill. As a matter of fact my credit score was 792 at the time I purchased my home; a reliable indicator that I am a consumer who pays my bills in full and on time.
The Afni, Inc. Representative acknowledged that she had the same information regarding the chronology of residency/addresses and that Verizon was in possession of this information for nearly 10 years prior to selling the account information to Afni, Inc.in a portfolio including other similar consumer accounts. This is a contradiction to her original statement that this bill was now being collected because Verizon was unable to locate me for payment. She also stated that the amount due was from a bill from January through March of 1999; a time period in which I was not even in California or the United States. Her explanation was that the amount due was a roll-over from the final bill in December 1998 and that bills were sent to my previous address in California.
Again, this is suspicious because I have always forwarded my mail. If Verizon had sent bills over the period of almost a decade, surely some of those bills would have made it into my mailbox at some point. The correspondence from Afni, Inc. Is the first communication or notification I have received regarding any bills due.
I informed the representative that I believed the final phone bill for this phone number was paid in full prior to my departure from the United States. She requested verifying documentation of payment. I informed her that because it has been nearly a decade since payment was made I am no longer in possession of any such documentation. I requested she send me a copy of the original bill so that I could verify this was a valid bill prior to my making any payment. She stated Afni, Inc. Was not required by law to do so and that I should simply pay the bill because I owed the money. She also stated that failure to pay this bill immediately would result in a negative credit report. I informed her that I would not pay the bill without proof from Afni, Inc that this bill was valid. The representative ended up speaking with my wife regarding this matter because the representative became rude, and I became angry.
My wife made an agreement with the representative that Afni, Inc. Would send a copy of the original bill by 10-31. My wife agreed that she would review the bill and if it was a valid debt we would pay the debt immediately. However, Afni, Inc. Never sent a copy of the bill.
On November 29 I received an additional bill from Afni, Inc. With a Settlement Offer, which suggested that Afni, Inc. Would accept a reduced payment for $46.09.
I am informing Afni, Inc. That it is my belief that this bill has already been paid in full, and I no longer have any payment obligation to Afni, Inc. Or Verizon or any entity affiliated with attempts to collect this supposed debt. Furthermore, I am no longer obligated to pay this debt under the Statute of Limitation (SOL) for the State of California, which states that for an open account the SOL is 4 years. Additionally, if Afni, Inc. Would like to pursue collection under various other states in which I resided from 1998 forward the SOLs for those states are as follows: Arizona (3 years), Kentucky
(5 years) or even Tennessee where I was a resident while I was stationed in Japan (6 years) or perhaps the State of Illinois where Afni, Inc. Is based (6 years).
Afni, Inc. Should also be advised that I will pursue any rights I have under the Fair Debt Collection Practices Act (FDCPA) and will make complaints or pursue action against Afni, Inc. With the Federal Trade Commission as well as the Commonwealth of Kentucky Attorney Generals office.
I am aware that the FDCPA allows me to sue debt collectors that use unfair or illegal collection tactics for damages as the court may allow, but not exceeding $1,000 per violation; or in case of a class action lawsuit up to $500,000 or 1 per centum of the net worth of the debt collector; and if I am successful in my lawsuit, I can also collect the debt collectors costs of the action, together with a reasonable attorney's fee as determined by the court.
Please see the attached news article from the State of New York concerning a class action lawsuit against Afni, Inc. For attempts to collect on debts similar to mine. If Afni, Inc. Pursues collection of this supposed debt from me I will be looking into the possibility of hiring an attorney to represent fellow Kentuckians in a similar class action suit.
Afni, Inc. Should also be advised that any negative report to any of the 3 credit bureaus will be disputed and correction will be pursued to the full extent of the law.
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I hope any of this information is useful to someone else dealing with Afni, Inc. Here is the web link to that New York article http://www.9wsyr.com/content/news/your_stories/story. Aspx? Content_id=c2fd654e-ef16-49c1-8a0e-87f622d8502a
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