I received a collection notice in the mail from AFNI, Inc., in the amount $547.84. The notice was in regard a residential Verizon telephone account. My home is in Central Florida near Orlando. The statement listed the account phone number and I noted that it had an (813) area code. I knew the account was somewhere in the Tampa Bay Area.
I have never lived in Tampa nor have I ever had an account with Verizon. Not wishing to deal with AFNI, I decided to directly contact Verizon to set things straight.initially the Customer Service person I reached was helpful, but when the woman pulled up the account based on the telephone number I provided, she would only state that the services had been terminated, the account was closed, and had been turned over for collection. She would not give me anymore information.
Although the letter from AFNI instructed me to contact the agency in writing, I next telephoned the AFNI's 800 number from the collection notice. (Mistake - I'll explain later). The AFNI customer service agent I reached was business like not the least discourteous. I told her that the Verizon account was bogus and that I was placing the collection attempt in dispute. She agreed to send a Fraud / Dispute Resolution package to me. The package arrived about two weeks later. During the conversation, I learned that AFNI somehow had my Social Security number, or at least the last four digits. The customer service agent correctly read it off to me. How they got that information is a complete mystery to me.
It was necessary to contact AFNI a second time after receiving the package. One of the items AFNI wanted was actual proof of residence at the time the account was established. I had no idea what the time frame was because that information was omitted in the original collection notice. This call resulted in customer service providing service dates, Spring and Summer 1998 NINE YEARS AGO! - and a street address for the account.
The other information AFNI requested included: a copy of my Florida driver license, a copy of my Social Security Card and/or proof of citizenship (copy of birth certificate or naturalization papers), proof of residence at the time the account was established utility bill, bank statement, tax document or the like, a copy of police report or ID theft affidavit, and any other documentation that might assist AFNI investigate the claim.
I gathered the information requested and was preparing to send it off, when alarm bells started going off. This was beginning to look to me more like a phishing expedition. My wife suggested Googling AFNI Collection Agency. I found pages and pages of experiences on this sites and others that other people have had with this firm that replicates my experience with them.
To make a long story short, here is the current status: 1. RE: My mistake Don't ever telephone a collection agency, especially using their 8XX number. Why? Firms who have 8XX services will be able to display the phone number you are calling from. This feature is part of the service they subscribe to and pay for. The process is similar to making a 911 call where the emergency services center can pull up your phone number and address information even though you may have your number blocked to defeat caller ID, or you have an unlisted and unpublished number. All of your communication with the firm should be in writing and, this is important from a legal perspective, use the US Post Office. Don't use FedEx, UPS etc.in case you later have to defend yourself in court. The objective is to establish a legal paper trail. The collection agency has to use caution using the US mail to avoid mail fraud charges. Refuse to accept any correspondence from the collection agency if the firm sends it to you via FedEx, UPS etc. Don't sign for it. Don't open it. Force them to use the US Mail.
2. Send all correspondence that you write certified mail. You will be able to track the letter online on the US Post Office website using the certified mail article number for your letter. Make sure you mark your correspondence with the article number and keep a photocopy. Alternatively, and for a small nominal fee, you can have the post office attach a return receipt to your envelope. When it arrives at the firm, someone will have to sign the return receipt for the letter. Then attach and file it with your photocopy. That is your proof should you need it in the future.
3. This tip came from an experienced person in my bank's fraud and consumer protection department. Go online and Google the phrase Statue of Limitations [name of state]. I used the following website: In my case, Florida's statue of limitations is four years for this type of action. Even if the debt were legitimate, the nine year age of the debt would make it uncollectible.
4. This is most important. Write a Cease and Desist letter and mail it to the collection agency, certified mail with return receipt of course. I am fortunate in that my letter is being written by an attorney who specializes in commercial litigation. You can write the letter yourself, but will carry more weight from an attorney. Or, consider having an attorney or paralegal write the letter for you. The cost should only be an hour or so of his time.
Peter
Near Orlando..., Florida
U.S.A.
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