I received a letter on March 29th dated March 25th stating a balance of $1216 from my ex-girlfriend's account was going to be transferred to my account. I called the consumer transfer department and spoke with several people. They stated I had to prove I didn't live at the other address in order to avoid the transfer with a lease. I lived with my brother, and didn't have rent receipts or a lease. The Fair Debt Collection Practices Act states the burdon is on them to prove I owe the debt.
I immediately looked up the Michigan Public Service Commission's rules on this matter. Rule 460.107 Rule 7. (1): A utility may request but shall not require anyone other than the applicant to assume responsibility for service Rule 460.120 Rule 20: Autility shall not attempt to recover from any customer any outstanding bills or other charges due upon the account of any other person, unless that customer has entered into a lawful guarantee under another rule.
After reading this I faxed a dispute letter to the Consumer Transfer Dept. That next day. I then received a phone call from Amanda Carson (the manager of that dept.) stating the letter means nothing and they require proof of my residence (violation of FDCPA #1). I've been on the phone with customer service 4 times, and they keep telling me the same thing. April 5th they transferred the balance (violation of FDCPA #2), then they sent me the bill for the transfer (violation of FDCPA #3).
I then sent them a letter certified mail, and by fax (which was confirmed by them) disputing the debt a 2nd time and included copies of the first dispute w / fax confirmations. That letter stated I would be filing a small claims suit against them for the violations of the law.
I also went online and filed a complaint with the Michigan Public Service Commission which was confirmed by email. I then called to confirm, and they stated it will be forwarded to the executive offices, and handled within 10 days.
This company was not only violating the rules and regulations that govern them, they also violated Federal Debt laws.
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