{"took":206,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":11,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"3455393","_score":8.758593,"_source":{"product":"Mortgage","complaint_what_happened":"LoanCare, LLC\nAttn:  Mortgage Resolution\nXXXX XXXX XXXX\nXXXX XXXX, VA XXXX\n\n\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\nCOMPLAINT REGARDING FAILURE OF SERVICER TO ACKNOWLEDGE AND RESPOND COMPLETELY WITHIN THE REQUIRED TIME FRAME TO R.E.S.P.A. QUALIFIED WRITTEN REQUEST \n\nDear Sir or Madam: \n\nPlease treat this letter as a “qualified written request” under the Federal Servicer Act, which is a part of the Real Estate Settlement Procedures Act, 12 U.S.C. 2605(e).   \n\nNow, we urge LoanCare LLC to understand its obligations and to acknowledge this QWR and our complaint properly and completely and respond to its ENTIRETY and WITHIN the required time frame.   \n\nSpecifically, we are disputing:  a) the identity of a true secured lender/creditor, and b) the existence of any and all debt, and c) your authority and capacity to collect on behalf of the alleged lender/creditor.  Because of extensive criminal activity and fraud in this arena, we require proof of the chain of secured ownership from the original alleged lender/creditor to the alleged current lender/creditor.  \n\nFurther, we require proof that you are the entity that has been contracted to work on behalf of the alleged lender/creditor.  You have not provided this information to us as previously requested and we are therefore requesting it again.  \n\nAdditionally, we are asking you and any and all subsidiaries, affiliates, and vendors to be fully aware of state and federal obligations and we are requesting immediate cease and desist of any further tactics to illegally gain control over our property.      Therefore any further telephone communication shall be considered harassment and in violation of 15 USC Section 1692d and is subject to further State and Federal penalties.\n\nTherefore, again pursuant to “Subtitle E Mortgage Servicing” of the Dodd-Frank Wall Street Reform and Consumer Protection Act and pursuant to 12 U.S.C. Section 2605(e)(1)(A) and Reg. X Section 3500.21(e)(1), please provide:\n\n1.  \tA full, double sided, certified “true and accurate” copy of the original promissory note and security instrument and all assignments of the security instrument.\n\t\n2.  \tFull name, address and telephone number of the actual entity that funded the transaction.\n\n3.  \tFull name of Trust where the Note Number is trading, or has traded, and the identifying Series of Certificates.  (Note: If the note number is being traded in a Fannie Mae Trust or Freddie Mac Trust, please provide all information to identify the Trust (i.e. Fannie Mae Pool Number, CUSIP Number, REMIC or SMBS Trust Number and Trust Class/Tranche).\n\n4.  \tFull name, address, and telephone number of the Trustee.\n\n5.  \tFull name, address, and telephone number of the Custodian of our original Promissory Note, including the name, address and telephone number of any trustee or other fiduciary. This request is being made pursuant to Section 1641(f)(2) of the Truth In Lending Act.\n\n6.  \tFull name, address, and telephone number of the Custodian of our original Security Instrument, including the name, address and telephone number of any trustee or other fiduciary. This request is being made pursuant to Section 1641(f)(2) of the Truth In Lending Act.\n\n7.  \tA physical location (address) of the original promissory note, original security instrument, and all assignments of the security instrument, and a contact name and phone number of someone who can arrange for inspection of said documents.\n\n8.  \tFull name, address and telephone number of any master servicers, servicers, sub-servicers, contingency servicers, back-up servicers or special servicers for this account.\n\n9.  \tThe electronic MERS number assigned to this account if this is a MERS Designated Account.  \n\n10.  \tProof of true sale of the note from alleged Lender to investors, by showing:\nWire transfer document(s), and/or Signed purchase and sale agreement(s), Bank statements or similar documentation.\n\n11. \tProvide an audit trail of the alleged transfer in ownership and alleged transfer in security interest and evidenced in the MERS Milestone Report and, if the note number and security instrument was tracked by Mortgage Electronic Registration Systems.  Please provide all information regarding MERs and the servicer compliance with the provisions of any and all MERS Member Agreement, Rules, and Procedures.  \n\n12.  \tA complete audit history from alleged loan origination, showing the dates payments were applied, and to what internal accounts (i.e. principal, interest, suspense, escrow, etc.) payments were applied.\n\n13.  \tA complete and itemized statement of all advances or charges against this account.\n\n14.  \tA complete and itemized statement of the escrow for this account, if any, from the date of the note origination to the date of your response to this letter.\n\n15.  \tA complete and itemized statement from the date of the note origination to the date of your response to this letter of the amounts charged for any forced-placed insurance, the date of the charge, the name of the insurance company, the relation of the insurance company or any related company, the amount of commission received for each force-placed insurance event, and an itemized statement of any other expenses, related thereto.\n\n16.\tA complete and itemized statement from the date of the note origination to the date of your response to this letter of any suspense account entries and/or any corporate advance entries related in any way to this account.\n\n17.\tA complete and itemized statement from the date of the loan to the date of your response to this letter of any property inspection fees, property preservation fees, broker opinion fees, appraisal fees, bankruptcy monitoring fees, or other similar fees or expenses related in any way to this loan. \n\n18.  \tA statement/provision under the security instrument and/or note that authorizes charging any such fee against the account.\n\n19.  \tCopies of all property inspection reports and appraisals, broker price opinions, and associated bills, invoices, and checks or wire transfers in payment thereof.\n\n20.  \tComplete copy of any transaction report(s) indicating any charges for any \"add on products\" sold to the debtors in connection with this account from the date of the note origination to the date of your response to this letter. \n\n21.  \tComplete and itemized statement of any late charges added to this account from the date of the note origination to the date of your response to this letter.\n\n22.  \tComplete and itemized statement of any fees incurred to modify, extend, or amend the loan or to defer any payment or payments due under the terms of the loan, from the date of the note origination to the date of your response to this letter. \n\n23.  \tComplete, itemized statement of the current amount needed to pay-off the alleged “loan” in full.\n\n25. \tVerification of any and all notification provided to us as of a change in servicer. \n\nYou should be advised that within FIVE (5) DAYS you must send us a letter stating that you received this letter. After that time you have THIRTY (30) DAYS to fully respond as per the time frame mandated by Congress, in “Subtitle ‘E’ Mortgage Servicing” of the ‘‘Dodd-Frank Wall Street Reform and Consumer Protection Act and pursuant to 12 U.S.C. Section 2605(e)(1)(A) and Reg. X Section 3500.21(e)(1).\n\nTRUTH – IN-LENDING ACT § 131(f)(2)\n\nPursuant to 15 U.S.C. § 1641 (f): \n\nPlease provide the name, address and telephone number of the owner(s) of the mortgage and the master servicer of the mortgage. \n\nLoanCare should be advised that Violations of this Section provides for statutory damages and reasonable legal fees. The amendment also clearly provides that the new notice rules are enforceable by private right of action. 15 USC 1641","date_sent_to_company":"2019-12-05T15:22:46.000Z","issue":"Trouble during payment process","sub_product":"Conventional home mortgage","zip_code":"023XX","tags":null,"has_narrative":true,"complaint_id":"3455393","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"LoanCare, LLC","date_received":"2019-12-02T18:10:58.000Z","state":"MA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["Additionally, we are asking you and any and all subsidiaries, affiliates, and vendors to be fully <em>aware</em> of state and federal obligations and we are requesting immediate cease and desist of any further tactics to illegally gain control over our <em>property</em>.      Therefore any further telephone communication shall be considered harassment and in violation of 15 USC Section 1692d and is subject to further State and Federal penalties."]},"sort":[8.758593,"3455393"]},{"_index":"complaint-public-v1","_id":"3551810","_score":7.64047,"_source":{"product":"Debt collection","complaint_what_happened":"Complaint is Against : Bayview Loan Servicing , LLC. aka BLS XXXX XXXX XXXX XXXXXXXX XXXX. XXXX XXXX XXXX XXXXXXXX, Florida XXXX XXXX Assigned Bayview Representative : Mr. XXXX XXXX. \n\n\nDear CFB Advocate, Timing is critical please-Urgent Action Needed : Due to underemployment and unemployment over the years, I needed to file for bankruptcy 5 years ago. I had a loan with XXXX for over 10 years and held no escrow. \nI do not know where else to turn and believe what is being done is predatory, poor business ethics and illegal. \n\nI have all paperwork, letters, dates of calls, etc and an email chain below which all went unanswered however some were acknowledged by phone with no solution with sketchy interest. The assigned representative treats me like a typical bill collector and can not be trusted to assist as proven by the evidence. I can no longer return his calls as it's very stressful and upsetting using sketchy verbal conversation with no resolve coupled with some mixed condescension and sarcasm. However the email chain below are the dates and facts confirming our conversations and my concerns and I will attach documentation needed to resolve this. \n\nThank you!!! \nXXXX from Illinois Here are the facts : -- -Bankruptcy was awarded and included the mortgage owed to XXXX. I continued to pay the mortgage loan to XXXX and paid out of pocket, the property taxes and insurance on time. \n\n-- -Mortgage Loan was sold to Bayview by XXXX as I missed one month ( XX/XX/XXXX ) of payments during the course of 10+ years after my unemployment ran out. XXXX sold my loan while processing a loan modification with them and was without an answer. \n\n-- XXXX XXXX Bayview Loan Servicing LLC. , a debt collector, took ownership of the mortgage. \n\n-- -Conflicting letter ( s ) received and inclusive of : Demand for Payment, ability to seize a bank account and a Bankruptcy Clause all in one! \n\n-- -Certified Letter of 'Notice of Default and Intent to Accelerate ' as I was then missing 3 mortgage payments to include the XX/XX/XXXX payment. This I understood, I did owe the money. I was able to get caught up with my payments to Bayview since XX/XX/XXXX. \n\n-- -Additional fees assessed since they took over my mortgage. \n\n-- -Escrow placed on the mortgage without my knowledge -- -Received the verbal 'recorded line ' statement by my assigned representative that I didn't pay my property taxes or insurance in XXXX according to their records. \nNot true, they were on time and in full! \n\n-- -Obtained proof of payment of the XXXX property taxes and insurance the very next day after I was told of this. Emailed the documentation of 'on time ' payments to the County of Taxation and to XXXX XXXX XXXX. Never late ever. \n\n-- -Amount due is based upon new charges, a demanded payment plan for an amount of arrearage not owed of which the inaccurate information after proof provided was not corrected by Bayview Loan Servicing , LLC . \n\n-- -Letters to eliminate forced escrow without my knowledge, received by me but not done. Still being billed as if in arrearage on this pseudo payment plan that I never agreed to. \n\n-- -Bayview will not email me back to answer my inquiries as indicated below. Calls are via a recorded line by Bayview. \n\n-- -Letters to eliminate forced escrow without my knowledge, received by me but not done. Still being billed as if in arrearage on this pseudo payment plan that I never agreed to. \n\n-- -Assigned representative does nothing to assist and has been condescending and sarcastic with no proven focus to fix this problem by defending Bayview in it's entirety or telling me there is nothing he can do, per se. \n\n-- -Mortgage money paid is now held in suspense due to this error 'creating ' an arrearage. \n\n-- -Strange fees appeared on the invoices example : 'Corporate Advance Balance ' fee -- -More than one month after escrow elimination, they contacted my insurance company, put their name on the paperwork and paid the renewal for the year XXXX, without my knowledge. I found this out when I couldn't find my online account with XXXX  that was set up by me for the past couple of years. \n\n-- -Being proactive and not wanting to wait for Bayview to resolve this ... I tried but have been unsuccessful in getting the insurance money back to Bayview. The payment was sent in XX/XX/XXXX, almost 2 months after they were to suspend the forced escrow and correct the records. \n\n-- -Today is XX/XX/XXXX. Within the past 5 business days, I received 4 letters. 1 via certified mail.\n\n- Two of these letters are demanding payment with 'Notice of Default and Intent to Accelerate ' stating that it is a formal demand to pay BEFORE XX/XX/XXXX or they will take steps to terminate my ownership in the property by a foreclosure proceeding or other action to seize the property while placing further costs on me to pay for the lawyer/court fees, etc. involved in doing so. \n\nPlease be mindful, if their records were corrected as promised, I would be current in XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and presently today ; XX/XX/XXXX. \n\nBelow is the email documentation, before and after, each Bayview recorded phone call and the financial concerns pleading with them to correct their records and relaying the proof they needed to do so.\n\nI eliminated personal information about myself, my loan and the Bayview representative as indicated in your instructions.\n\nThank you. \nXXXX These emails begin with the latest on XXXX XXXX and end with the first in the email tree. \nNo responses were returned by email. \n\n-- -- -- -- -- -- -- -- -- -- -- -E-MAIL DOCUMENTATION BELOW -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - From : XXXX Sent : XX/XX/XXXX XXXX XXXX  To :XXXX Cc :XXXX ; XXXX Subject : XXXX_Bayview Loan # XXXX XXXX payment scheduled Importance : High Dear XXXX, This email is to let you know I paid the XX/XX/XXXX mortgage amount via phone today, XXXX XXXX. \nAs of this payment, I am fully caught up and current with my mortgage loan. \n\nAlso, the XXXX payment was not applied correctly however I received a letter stating a corrected invoice will be sent however I had not yet received it. \n\nHope you had a nice XXXX  and Happy XXXX XXXX! \n\nXXXX -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - From : XXXX Sent : XX/XX/XXXX XXXX XXXX  To :XXXX Cc :XXXX ; XXXX Subject : XXXX_Loan # Good Morning XXXX! \n\nI received your voice messages on Monday and Tuesday asking for me to call you back and will return them when I am able. \n\nYou have my permission to leave a message on my answering machine for me to receive it when I am home. \nPlease leave a detailed message with question or comment, so I can answer you via email, in the meantime. \n\nI received the payment plan paperwork you overnighted however the figures are incorrect and still needs to be revised. When we spoke about it last week, you told me the system would not let you do so however there must be a way for it to be corrected. I can not sign an inaccurate document of this nature. Also, I have read and am mindful of the Bayview legal and binding terms written. \n\nReceived a statement in the mail last night and I noticed the actual payment due is incorrect as well. \nI fully paid the mortgage amount that was due from XXXX XX/XX/XXXX, plus Bayview applied fees and the money was not applied correctly. \n\nAs my assigned Bayview representative XXXXXXXX, can you please make sure this is corrected with your accounting department? \nWe both know it is very important to have the Bayview records corrected right away. \n\nI plan to make all mortgage payments on time and in full each month, as is accurate. \n\nXXXX, thank you in advance and I look toward working with you to reaffirm and refi as soon as is possible in XXXX! \n\nRespectfully, XXXX -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - From : XXXX To XXXX   Cc :XXXX, XXXX Subject : Trying to make an online payment ... XXXX Importance : High Dear XXXX, Are you getting my emails? I have not gotten any responses. \n\nI am trying to make a payment via your website however the site will not allow me to. \nIt keeps saying to call you specifically. \n\nIf Im unable to reach you by XXXX, XXXX I will have to authorize a bank check but I wanted to get the payment to you right away as promised. \n\nPlease advise as soon as you can and provide answers to the questions below via email. \n\nThanks, XXXX -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - From : XXXX Sent : XX/XX/XXXX XXXX XXXX To :@XXXX Cc :@XXXX Subject : Promised Payment Info ... XXXX Sorry  XXXX, Meant to tell you in the e-mail below sent earlier today I set up a new Bayview dedicated bank account from which you will receive my monthly mortgage payments however the money you should have gotten on Friday had not yet transferred to the new account set up earlier last week. I apologize for not allowing the transfer timing to be built into the date I gave below. \n\nWith a bank transfer, I thought the funds would be available immediately however after not seeing it deposited though debited, it apparently takes the bank up to 3 business days to post. \n\nWith this in mind, I will pay the promised amount promptly as the funds become available ; either today or tomorrow eod. \n\nWill keep you posted when paid since I noticed the Bayview payment center is in XXXX, TX instead of XXXX XXXX, Florida ; where you are located. \n\nThanks and Take care XXXX! \n\nXXXX Loan # -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - From : XXXX Sent : XX/XX/XXXX XXXX XXXX  To XXXX@XXXX Cc :@XXXX Subject : FW : REVISION : XXXX_Loan # Hello XXXX, I received your phone message last week and received the letter from Bayview that the escrow account, recently placed on my mortgage by Bayview, would not be cancelled as I had requested.\n\n( The escrow account placed on my mortgage, was unknown and unauthorized by me and I remain opposed to it. ) What was not noted on the letter, was the reason Bayview rejected my request for escrow cancellation, would you please obtain the exact reason why it was opened and the reason why my request to cancel was rejected?\n\nCan you also send me the exact reason ( s ) why my hardship request for a loan modification in the form of an extended loan term, lower interest rate or forbearance was rejected? \n( Note : Modification paperwork was filed prior to the loan transfer from XXXX to Bayview ) Am I still required to cc :@XXXX when no documents are being submitted? \n\nThanks XXXX, I look forward to your written response. \nHave a pleasant day! \n\nRespectfully, XXXX Loan # -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - From : XXXX  Sent : XX/XX/XXXX XXXX XXXX   To :XXXX Cc :XXXX Subject : REVISION : XXXX_Loan # RE : Bayview Loan # Property Owner : XXXX Property Address : Dear XXXX, Hope you had a great XXXX! \n\nIm writing to let you know about a slight revision, highlighted in yellow below, regarding upcoming payments to Bayview. \n\nA bank check for {$2600.00} will arrive at the Bayview payment-processing center by XX/XX/XXXX. \nThis will cover the XXXX, XXXX, XXXX and XXXX XXXX-mortgage balance in full. \n\nThe XX/XX/XXXX mortgage payment will follow as a separate payment. \n\nIm glad you called me to confirm receiving the proof of on time and up to date payments covering my XXXX home insurance and property taxes. \n\nThanks XXXX! \n\nXXXX -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- From : XXXX Sent : XX/XX/XXXX XXXX XXXX  To :XXXX Cc  :XXXX ; XXXX Subject : XXXX_Loan # RE : Bayview Loan #  Property Owner : XXXX Property Address : Illinois Good Afternoon XXXX, I had not yet received a response concerning the original email below, sent last Friday afternoon ; proving I had paid property taxes and insurance premiums for the XX/XX/XXXX year. \nTried reaching out to you today and was unable to book a phone appointment for this week and my option was only to leave you a voice message. As I indicated, Im prepared to issue a check for the XXXX arrearage amount, in its entirety. \n\nMy figures are indeed correct as follows. \n\nXXXX, XXXX, XXXX, XX/XX/XXXX at {$670.00} per month for a grand total of = {$2600.00} XX/XX/XXXX will be paid at the regular mortgage amount of {$670.00} since escrow does not take effect until XX/XX/XXXX {$2600.00} ( XX/XX/XXXX-XX/XX/XXXX ) + XXXX ( XX/XX/XXXX ) {$3300.00} total due to get mortgage account current With this correct recalculation of what is owed, Bayview will receive a payment of {$3300.00} before XX/XX/XXXX. \n\nMoving forward into XX/XX/XXXX, Bayview without my knowledge, opened an escrow account on my mortgage to begin in XX/XX/XXXX. \nWith that determination, my future XXXX payments would now be in the sum of {$1000.00} ( XXXX + XXXX property tax + XXXX insurance ) On Friday XXXX XXXX, XXXX, you verbally indicated that your e-mails are scripted so you can not respond. \nSince you can not respond via email, can another mortgage loan representative or supervisor partner with you, who has that capability? \n\nThere has to be a better communication avenue for efficient handling of accounts that is confirmed in writing vs. a phone call or costly snail mail. \n\nThank you and Best Regards XXXX! \n\nXXXX Bayview Loan # -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - From : XXXX Sent : XX/XX/XXXX XXXX XXXX  To :@XXXX Cc :XXXX ; XXXX Subject : XXXX XXXX_Loan # RE : Bayview Loan #  Property Owner : XXXX Property Address : Illinois Dear XXXX & the Loss Mitigation Team, As promised today, Im providing you with attached proof of property taxes fully paid on time concerning the property location listed above. \n\nXXXX, thank you for reaching out to me today regarding the loan amount arrearage ; and what my options can be and are, at present. \nTo confirm our telephone conversation this morning, I want to recap I writing on what my understanding is from what we discussed. \n\nHARDSHIP : The hardship as I mentioned has been the exhaustion of my unemployment benefits in mid-XX/XX/XXXX and current unemployment status. \nMORTGAGE/TAX/INSURANCE STATUS : My mortgage payment on this property including non-escrowed insurance and property taxes has never ever been paid late in more than 20 years. \n\nXXXX, you stated that you were not aware that my property taxes and property insurance were in fact, paid on time and both are current as of the date of this email and that you required proof which was provided today. \nWith this in mind the stated monthly loan amount, per our phone call today, has to be inaccurate ; needing to be revisited. \n\nSince there had been no arrearage of property tax and insurance, the amount you gave me by phone this morning of {$1500.00} per month beginning XX/XX/XXXX XX/XX/XXXX and XX/XX/XXXX payments moving forward of {$1100.00}, inaccurate and needing recalculation so I can pay Bayview the proper amount moving forward. \n\nOnce the recalculation is complete please o Reevaluate the monthly payment amount for an easier payment plan that I can manage. \no Generate a new billing statement in writing and send it to me by mail as soon as humanly possible. \no In the interim, feel free to email me a copy of the statement with enough time to pay XXXX bill, on time. \no XXXX both e-mailed and faxed you and the Loss Mitigation department, proof of insurance for the property, proving payments were made on time and is currently active, as promised. \n\nUntil today : I had no written or spoken knowledge of Bayviews intention and subsequent action to change my non-escrow status to an escrow account. \nUntil today : I had no written or spoken knowledge of my Loan Modification Application being denied by Bayview. \nUntil today : I had no knowledge of being put on a Waterfall repayment plan or exactly what it entails. \no Thank you XXXX for approving the Waterfall repayment option but I need an easier payment plan. \no I understand why the Loan Modification was not approved however once I have gainful employment, I will reapply. \no As we discussed, I plan to keep ownership of the property. \no I asked about a Forbearance and you educated me about that option by telling me I would need proof of having a job and the income to pay the balance after the reduction of payments. \nI thought that the payments due are put on hold, accumulates over a 3-6 month period at which time, the entire accumulated balance is due. \n\nI am greatly concerned that the mortgage amount is more than our household income. You said other people find a way. That may be so XXXX  ; however it can not be the case for all. \nMy concern of using non-fluid food stamp allowance is not what I can use for a payment other than food as I stated this morning. \no Would you please reconsider the amount due each month? \no What happens when the food stamp money is reduced or food stamp payment ends? \n\nContact me to confirm the above, answer my questions and let me know when I can receive a new repayment arrangement. \nThank you for the work you put as my representative. I appreciate your assistance and look forward to working with you moving forward. \n\nRespectfully, XXXX Regarding Loan # Illinois","date_sent_to_company":"2020-03-03T07:40:15.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Mortgage debt","zip_code":"60014","tags":null,"has_narrative":true,"complaint_id":"3551810","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)","date_received":"2020-03-03T02:22:50.000Z","state":"IL","company_public_response":null,"sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["MORTGAGE/TAX/INSURANCE STATUS : My mortgage payment on this <em>property</em> including non-escrowed insurance and <em>property</em> taxes has never ever been paid late in more than 20 years. \n\nXXXX, you stated that you were not <em>aware</em> that my <em>property</em> taxes and <em>property</em> insurance were in fact, paid on time and both are current as of the date of this email and that you required proof which was provided today."],"sub_issue":["Seized or attempted to seize your <em>property</em>"]},"sort":[7.64047,"3551810"]},{"_index":"complaint-public-v1","_id":"5347888","_score":6.7269087,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Affirm is currently reporting information on my credit report for disputed debt. A timeline below details what's been happening with my dispute and supports my request to have Affirm resolve this issue in my favor. Please see the timeline of events below as well as supporting documentation. \n\nXXXX - Made purchase with vendor, XXXX XXXX, using Affirm as a payment option XXXX - Received equipment from XXXX XXXX, equipment was defective. Item was left outside front door by XXXX, no notification of shipment from vendor received. Was not aware the item was from vendor until box was opened. \nXXXX - Sent email to XXXX XXXX requesting exchange for defective system XXXX - Received response from XXXX XXXX requesting additional information XXXX - Provided additional details the unit suction works, however, the needed dont appear to be working properly. \nXXXX - Received confirmation of item being shipped ( 5 days after item was received ) XXXX - Response received from XXXX XXXX, requested Shoot a small video showing us the parts that are not working so our technician could examine and get back to you with the solution. Make sure in the video to show the plugins, fixed. Request for video contradicts with vendors return policy. \nXXXX - Responded to vendor The needle won't come out of the cartridge when you hit the power button XXXX - Response from vendor Would you please shoot a small video of the process you have questions on, we need to see so we can understand and reply XXXX - No longer felt comfortable dealing with vendor as they were operating outside of their return policy. Contacted Affirm, expressed my concerns and opened a dispute. Returned unit to address listed on website via XXXX  and insured the property for {$1500.00}. \nXXXX - Received email from affirm stating vendors return policy for damaged or incorrect products. If you receive a damaged item you must notify us within 3 days of receipt XXXX a replacement item or a refund to be issued. Also send photos of damaged items and packaging it arrived in. ( USPS requires this to file a claim ). It is the customers ' responsibility to inspect all deliveries within 3 business days of receipt. Any damages resulting in customer cutting package with scissors will not be replaced. Accidents happen! If you have received an incorrect item in your order please contact us XXXX we can get a replacement package out to you as soon as possible! \nXXXX - Took screenshots of contact us information on website and XXXX. Address listed on website includes the XXXX XXXX XXXX XXXX, XXXX, VA XXXX XXXX - Contacted vendor and let them know I returned the item to address listed on the companys website and requested a refund for the purchase XXXX - Vendor responded You did not wait for our feedback, you have returned the machine to the wrong address, and opened a dispute!!!!! \nWhy open a dispute, we can not issue a return before we check the returned merchandise and you have to inform us first as this is not the return address XXXX - Responded to vendor The guidance provided to me ( troubleshooting ) was the outside companys return policy for damaged items. As a result, I no longer felt comfortabledealing with the support team, returned the item ( to the business address listed on the website ) in the original package and opened a dispute. Please note, only one of the needle packets wasopened. My original request was to exchange the item, I would now like a refund. Please let me know, I look forward to hearing from you XXXX. XXXX- Vendor  responded Hi, We have tried to help and the support team was ready to examine and get back to you with a solution, anywayswe will check the package if we received it, and get back to you, however, that's not the return address, you should send it to our warehouse, and you did not even ask! \nXXXX - Requested status of update from vendor, no response XXXX - Requested status of update from vendor XXXX- Vendor responded with You have opened a dispute, and that makes the case, not with the returning department. We will check with Affirm too XXXX - Requested status of update from vendor, no response XXXX - Requested status of update from vendor, no response XXXX - Requested status of update from vendor, no response XXXX - Requested status of update from vendor, no response XXXX - Requested status of update from vendor, no response XXXX - Requested status of update from vendor, no response XXXX - Received decision of dispute on, Affirm response As the evidence we received indicates that you did not follow the merchant 's proper return procedure, and we did not receive any documentation that a refund is due or that the package was returned to the proper facility, we have closed this dispute in the favor of the merchant XXXX - Responded with the merchant didnt follow its own return/exchange policy, which is why I opened the dispute and why the returned the items XXXX. XXXX - Reviewed vendors website which is now updated to Address : XXXX XXXX  XXXX XXXX, # XXXX, XXXX, MD, XXXX ( https : XXXX ) and XXXX XXXX  XXXX XXXX XXXX XXXX, VA, XXXX ( https : //markalpha.com/pages/contact-us ). Please NOTE the subject line of the vendor includes location as XXXX, VA XXXX - Spoke with Virginia Office of Attorney General and they are unable to verify the vendors exist in the state of Virginia. \n\nNo where in the vendors return policy does it state troubleshoot with vendor. If I had decided to troubleshoot the equipment and then two weeks late it stopped working, where would I be? The equipment was defective/damaged and it should be up the the vendor to troubleshoot via video. The vendor stepped outside of their own return policy. A return policy which was stated to me with the email I received from affirm on XX/XX/21. I was provided a link to the return policy as well. If they vendor isnt following its own own return policy, why am I being held to another standard??!? THIS started with with the vendor. I did what I was supposed to do by reaching out to the vendor within the allotted time. \n\nIn addition, the vendors website does not provide accurate information if a consumer wanted take action against the vendor. Ive search the Virginia Secretary of States website and could not find a vendor listed under XXXX XXXX, but yet there are multiple instances in which XXXX, VA is listed on the vendors website. Is Affirm verifying the accuracy of information especially when it is telling its consumer to take their dispute with the vendor? As a consumer, Im looking to Affirm to do its due diligence with the vendors they allow to use their platform. As of today, the Virginia Office of Attorney General can not find the vendor XXXX in their system. If the state of Virginia is unable to find the vendor, how will I be able to find and reconcile the challenges Im having?","date_sent_to_company":"2022-03-21T18:27:33.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"20018","tags":"Servicemember","has_narrative":true,"complaint_id":"5347888","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Affirm Holdings, Inc","date_received":"2022-03-21T18:08:54.000Z","state":"DC","company_public_response":null,"sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["Was not <em>aware</em> the item was from vendor until box was opened. \nXXXX - Sent email to XXXX XXXX requesting exchange for defective system XXXX - Received response from XXXX XXXX requesting additional information XXXX - Provided additional details the unit suction works, however, the needed dont appear to be working properly."]},"sort":[6.7269087,"5347888"]},{"_index":"complaint-public-v1","_id":"7598108","_score":6.6959496,"_source":{"product":"Debt collection","complaint_what_happened":"According to 15 USC 1681 ( A ) ( E ) the term investigate consumer report means a consumer report or portion thereof in which information on a consumer 's character, general reputation, personal characteristics, or mold of living, is obtained through personal interviews with neighbors friends or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information however such information shall not include specific factual information on a consumer 's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer 15 USC 1681 subdivision ( a ) accuracy and fairness of credit reporting. consumer reporting agencies have assumed a vital role in assembling evaluating consumer credit and other information on consumers there is a need to ensure that consumer reporting agency exercised a grave responsibility with fairness impartiality and respect for the consumers right to privacy. 15 USC 1611 criminal liability for willful and knowing violation. whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issue there under. 15 USC 1682 ( B ) In general subject to subsection C any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( 2 ) In accordance with the written instructions of the consumer to whom it relates, and I gave no one my written permission to write anything on my consumer report. 15 USC 1681 I procedure in case of disputed accuracy ( 2 ) prompt notice of dispute to furnisher of information Before the expiration of the five-business days. Beginning on the date on which a consumer reported agency receives notice of a dispute from any consumer or reseller in accordance with paragraph one the agency shall provide notification of the dispute to any person who provided any item of information and dispute had the address and, in the manner, established with the person the notice shall include all relevant information regarding the dispute that the agency has received from the consumer or reseller ( A ) If after any reinvestigation under paragraph XXXX of any information disputed by a consumer an item of the information is found to be inaccurate or incomplete or can not be verified the consumer reporting agency shall promptly delete that item of information from the file of the consumer or modified it item of information as appropriate based on the results of the reinvestigation and promptly notify the furniture of that information that the information has been modified or deleted from the file of the consumer I feel that I have been violated of my rights and that each consumer reporting agency has to notify each other of the inaccuracy per the XXXX XXXX and I feel that you guys are not communicating with each other as in closed are all of the inaccuracies that I asked you to investigate on my behalf and I gave no one permission to write any of this on my credit report which is against the law product XXXX and FD CPA my rights are being violated and I asked that you fix these inaccuracies as this is my second attempt to show you that these inaccuracy are across all three credit bureaus I'm just a regular person who knows and understands the laws and my rights as a consumer I have a right to privacy I have a right to have everything reported on my credit report 100 % accurate per the fair credit reporting act written by XXXX and I ask that you please remove all and I mean every single inaccuracy and delete them he immediately before XXXX XXXX of litigation and I asked that you every single inaccuracy off of all three credit reports as you are bound by law to cooperate with the consumer and talk to each other XXXX XXXX and XXXX so that you can delete all of the inaccuracies on my credit report I, being a natural person in fact a national person, a private person, a living soul, a consumer and secure party and not a statutory person residing in the state of New York in the country of XXXX called XXXX XXXX do hereby solemnly declare say and state XXXX secure party is hearing everything stated in this truth affidavit is the truth the whole truth and nothing but the truth and all stated is true correct complete and not missing or misleading. NO THIRD PARTIES ALLOWED. PLAIN STAEMENTS ABOUT THE FACTS : FACT, the truth in lending act is intended to inform consumers about the cost of credit. FACT, the truth in lending act is intended to protect consumers against abuse and deceit by creditors and I have been abused and deceived so be it. FACT, AFFIANT is aware and has proof in attachment labeled as exhibit ( A ) SRM Is in violation of XXXX XXXX XXXX ( C ) ( A ) a debt collector XXXX not communicate with a consumer in connection with the collection of any debt. FACT, AFFIANT is aware and has proof in attachment labeled exhibit ( A ) that XXXX is in violation of XXXX XXXX XXXX ( B ) ( XXXX ) AND ( B ) ( XXXX ) AS THESE LAWS APPLY TO ALL CREDIT COLLECTION AGENCIES ALL VIOLATIONS MUST BE ANSWERED FOR XXXX XXXX XXXX D ( XXXX ) A debt collector XXXX not engage in any conduct the natural consequence of which is to harass oppress or abuse any person in connection with the collection of a debt without limiting the general application of the foregoing the following conduct is a violation of this section. IN TRUTH I XXXX XXXX FEEL OPRESSED AND ABUSED AS SOURSE RECIEVIBLES MANAGEMENT AND ITS AFILIATES HAVE SENT ME XXXX LETTERS WITH DIFFERENT AFFILIATES NAMES SUCH AS XXXX XXXX XXXX, MIDLAND CREDIT XXXX, XXXX XXXX XXXX XXXX THIS IS ABUSE IN ITS XXXX EXTENT I HAVE NO CONTRACT WITH ANY OF THE COMPANIES LISTED ( XXXX ) the use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader XXXX XXXX XXXX XXXX Section ( XXXX ) Any debt collector shall not state that such consumer owes any debt. Identify, state that he is confirming or correcting location, information concerning the consumer and only if expressly requested identify his employer not state that such consumer owes any debt not communicate with any such person more than once unless requested to do so by such persons or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information not communicate by card Section ( XXXX ) not use any language, symbol on any envelope, or in the contents of any communication affected by the mail or telegrams that indicate that the debt collector is in the debt collection business or that the communication relates to the collection of a debt. XXXX XXXX XXXX C ( A ) COMMUNICATION with the consumer without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent authority, a debt collector XXXX not communicate with the consumer in connection with the collection of any debt. abusive tactics there is abundant evidence of the use of abusive deceptive and unfair debt collection practices by many debt XXXX abusive debt collection practices contribute to the number of personal bankruptcies to marital instability to the loss of jobs and to invasions of individual privacy. communication and connection with debt collection at any unusual time or place or a time or place known, or which should be known to be inconvenient to the consumer in the absence of knowledge of circumstances to the contrary a debt collector shall assume that the convenient time for communicating with the consumer is after XXXX o'clock and before XXXX o'clock post meridiem. A debt collection agency shall not come to the consumer or call to the consumers place of employment especially when the debt collector knows or has reason to know that the consumer 's employer prohibits the consumer from receiving such communications. And for these reasons under the law, you have violated my rights several times. I've never had any contract or have NEVER done business with your company, nor will I ever do business with your company, I ask that you validate this dept I need the date and time this account was opened, all documentation concerning this account, any signatures in my specific hand writing the date closed and the date that this account was charged off also I didnt give you my XXXX written permission to contact the credit bureaus about this account under the FCRA XXXX XXXX XXXX A ( XXXX ) THERE IS A NEED TO INSURE THAT CONSUMER REPORTING AGENCIES EXERCISE THEIR GRAVE RESPONSIBILITY WITH FAIRNESS, IMPARTIALITY AND A RESPECT FOR THE CONSUMERS RIGHT TO PRIVACY XXXX XXXX XXXX A permissible purpose of Consumer Reports and the general subject to subsection C any consumer reporting agency XXXX furnish a consumer report under the following circumstances and no other in accordance with the written instruction of the consumer to whom it relates. XXXX are not allowed to contact third parties to discuss a debt unless they will give him express consent by the debtor the only reason they XXXX legally contact a third party is to attempt to locate the individual who owns the payment they XXXX also not contact repeatedly or harass these third parties you guys at source XXXX XXXX are in clear violation of my rights as a consumer I gave no written instruction XXXX you guys to write anything on my credit report therefore you have XXXX business days from the receipt of this affidavit to remove any remarks that you have put on my credit report and delete it expeditiously if you do not remove any remark that you have placed on my consumer report you will have to pay me {$5000.00} for not following the instructions in this affidavit and within those XXXX business days I expect to receive all the documentation regarding this account which is clearly not mine XXXX is clearly in violation and this is a crime that the are committing they need to be held liable under the law XXXX XXXX XXXX XXXX CIVIL LAIBLILTY clearly states ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. XXXX XXXX DISREGARDED ALL OF MY MAILED AFFIDAVITTS TO IT AND ITS AFFILIATES AND INSO DOING HAS VIOLATED THE LAWS THAT GOUVERN THE DEPT COLLECTION AGENCIES in all the evidence i have sent you concerning this matter XXXX should pay for all of the violations listed above A debt collector in collecting a debt, XXXX not harass, oppress, or abuse any person. Specifically, a debt collector XXXX not : Use or threaten to use XXXX or other criminal means to harm the physical person, reputation, or property of any person.","date_sent_to_company":"2023-09-24T20:28:27.000Z","issue":"Communication tactics","sub_product":"I do not know","zip_code":"11236","tags":null,"has_narrative":true,"complaint_id":"7598108","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ENCORE CAPITAL GROUP INC.","date_received":"2023-09-24T19:49:15.000Z","state":"NY","company_public_response":null,"sub_issue":"You told them to stop contacting you, but they keep trying"},"highlight":{"complaint_what_happened":["Specifically, a debt collector XXXX not : Use or threaten to use XXXX or other criminal means to harm the physical person, reputation, or <em>property</em> of any person."]},"sort":[6.6959496,"7598108"]},{"_index":"complaint-public-v1","_id":"7478666","_score":6.679365,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"According to 15 USC 1681 ( A ) ( E ) the term investigate consumer report means a consumer report or portion thereof in which information on a consumer 's character, general reputation, personal characteristics, or mold of living, is obtained through personal interviews with neighbors friends or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information however such information shall not include specific factual information on a consumer 's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer 15 USC 1681 subdivision ( a ) accuracy and fairness of credit reporting. consumer reporting agencies have assumed a vital role in assembling evaluating consumer credit and other information on consumers there is a need to ensure that consumer reporting agency exercised a grave responsibility with fairness impartiality and respect for the consumers right to privacy.\n\n15 USC 1611 criminal liability for willful and knowing violation.\n\nwhoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issue there under.\n\n15 USC 1682 ( B ) In general subject to subsection C any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( 2 ) In accordance with the written instructions of the consumer to whom it relates, and I gave no one my written permission to write anything on my consumer report.\n\n15 USC 1681 I procedure in case of disputed accuracy ( 2 ) prompt notice of dispute to furnisher of information Before the expiration of the five-business days. Beginning on the date on which a consumer reported agency receives notice of a dispute from any consumer or reseller in accordance with paragraph one the agency shall provide notification of the dispute to any person who provided any item of information and dispute had the address and, in the manner, established with the person the notice shall include all relevant information regarding the dispute that the agency has received from the consumer or reseller ( A ) If after any reinvestigation under paragraph one of any information disputed by a consumer an item of the information is found to be inaccurate or incomplete or can not be verified the consumer reporting agency shall promptly delete that item of information from the file of the consumer or modified it item of information as appropriate based on the results of the reinvestigation and promptly notify the furniture of that information that the information has been modified or deleted from the file of the consumer I feel that I have been violated of my rights and that each consumer reporting agency has to notify each other of the inaccuracy per the F DCPA and I feel that you guys are not communicating with each other as in closed are all of the inaccuracies that I asked you to investigate on my behalf and I gave no one permission to write any of this on my credit report which is against the law product FCRN and FD CPA my rights are being violated and I asked that you fix these inaccuracies as this is my second attempt to show you that these inaccuracy are across all three credit bureaus I'm just a regular person who knows and understands the laws and my rights as a consumer I have a right to privacy I have a right to have everything reported on my credit report 100 % accurate per the fair credit reporting act written by Congress and I ask that you please remove all and I mean every single inaccuracy and delete them he immediately before the point of litigation and I asked that you every single inaccuracy off of all three credit reports as you are bound by law to cooperate with the consumer and talk to each other XXXX XXXX and XXXX so that you can delete all of the inaccuracies on my credit report I, being a natural person in fact a national person, a private person, a living soul, a consumer and secure party and not a statutory person residing in the state of New York in the country of XXXX called XXXX XXXX do hereby solemnly declare say and state XXXX secure party is hearing everything stated in this truth affidavit is the truth the whole truth and nothing but the truth and all stated is true correct complete and not missing or misleading. NO THIRD PARTIES ALLOWED. \nPLAIN STAEMENTS ABOUT THE FACTS : FACT, the truth in lending act is intended to inform consumers about the cost of credit. \nFACT, the truth in lending act is intended to protect consumers against abuse and deceit by creditors and I have been abused and deceived so be it. \nFACT, AFFIANT is aware and has proof in attachment labeled as exhibit ( A ) SRM Is in violation of XXXX XXXX XXXX ( C ) ( A ) a debt collector XXXX not communicate with a consumer in connection with the collection of any debt. \nFACT, AFFIANT is aware and has proof in attachment labeled exhibit ( A ) that XXXX is in violation of 15 USC 1692 ( B ) ( 2 ) AND ( B ) ( 5 ) AS THESE LAWS APPLY TO ALL CREDIT COLLECTION AGENCIES ALL VIOLATIONS MUST BE ANSWERED FOR 15 USC 1692 D ( 2 ) A debt collector XXXX not engage in any conduct the natural consequence of which is to harass oppress or abuse any person in connection with the collection of a debt without limiting the general application of the foregoing the following conduct is a violation of this section. \nIN TRUTH I XXXX XXXX FEEL OPRESSED AND ABUSED AS SOURSE RECIEVIBLES MANAGEMENT AND ITS AFILIATES HAVE SENT ME XXXX LETTERS WITH DIFFERENT AFFILIATES NAMES SUCH AS RESURGENT, XXXX XXXX, MIDLAND  CREDIT MANAGEMENT, XXXX XXXX XXXX XXXX THIS IS ABUSE IN ITS FULLIST EXTENT I HAVE NO CONTRACT WITH ANY OF THE COMPANIES LISTED ( 2 ) the use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader 15 USC 1692 b Section ( 2 ) Any debt collector shall not state that such consumer owes any debt. \nIdentify, state that he is confirming or correcting location, information concerning the consumer and only if expressly requested identify his employer not state that such consumer owes any debt not communicate with any such person more than once unless requested to do so by such persons or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information not communicate by card Section ( 5 ) not use any language, symbol on any envelope, or in the contents of any communication affected by the mail or telegrams that indicate that the debt collector is in the debt collection business or that the communication relates to the collection of a debt.\n\n15 USC 1692 C ( A ) COMMUNICATION with the consumer without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent authority, a debt collector may not communicate with the consumer in connection with the collection of any debt.\n\nabusive tactics there is abundant evidence of the use of abusive deceptive and unfair debt collection practices by many debt collectors abusive debt collection practices contribute to the number of personal bankruptcies to marital instability to the loss of jobs and to invasions of individual privacy. \ncommunication and connection with debt collection at any unusual time or place or a time or place known, or which should be known to be inconvenient to the consumer in the absence of knowledge of circumstances to the contrary a debt collector shall assume that the convenient time for communicating with the consumer is after XXXX o'clock and before XXXX o'clock post meridiem. \nA debt collection agency shall not come to the consumer or call to the consumers place of employment especially when the debt collector knows or has reason to know that the consumer 's employer prohibits the consumer from receiving such communications. \nAnd for these reasons under the law, you have violated my rights several times. I've never had any contract or have NEVER done business with your company, nor will I ever do business with your company, I ask that you validate this dept I need the date and time this account was opened, all documentation concerning this account, any signatures in my specific hand writing the date closed and the date that this account was charged off also I didnt give you my XXXX written permission to contact the credit bureaus about this account under the FCRA 15 USC 1681 A ( 4 ) THERE IS A NEED TO INSURE THAT CONSUMER REPORTING AGENCIES EXERCISE THEIR GRAVE RESPONSIBILITY WITH FAIRNESS, IMPARTIALITY AND A RESPECT FOR THE CONSUMERS RIGHT TO PRIVACY 15 USC 1681 A permissible purpose of Consumer Reports and the general subject to subsection C any consumer reporting agency may furnish a consumer report under the following circumstances and no other in accordance with the written instruction of the consumer to whom it relates. collectors are not allowed to contact third parties to discuss a debt unless they will give him express consent by the debtor the only reason they may legally contact a third party is to attempt to locate the individual who owns the payment they may also not contact repeatedly or harass these third parties you guys at source receivables management are in clear violation of my rights as a consumer I gave no written instruction two you guys to write anything on my credit report therefore you have XXXX business days from the receipt of this affidavit to remove any remarks that you have put on my credit report and delete it expeditiously if you do not remove any remark that you have placed on my consumer report you will have to pay me {$5000.00} for not following the instructions in this affidavit and within those XXXX business days I expect to receive all the documentation regarding this account which is clearly not mine XXXX is clearly in violation and this is a crime that the are committing they need to be held liable under the law 15 USC 1681 n CIVIL LAIBLILTY clearly states ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. \nXXXX XXXX DISREGARDED ALL OF MY MAILED AFFIDAVITTS TO IT AND ITS AFFILIATES AND INSO DOING HAS VIOLATED THE LAWS THAT GOUVERN THE DEPT COLLECTION AGENCIES in all the evidence i have sent you concerning this matter XXXX should pay for all of the violations listed above A debt collector in collecting a debt, may not harass, oppress, or abuse any person. Specifically, a debt collector may not : Use or threaten to use violence or other criminal means to harm the physical person, reputation, or property of any person.","date_sent_to_company":"2023-08-30T22:02:00.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"11236","tags":null,"has_narrative":true,"complaint_id":"7478666","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ENCORE CAPITAL GROUP INC.","date_received":"2023-08-30T21:33:08.000Z","state":"NY","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Specifically, a debt collector may not : Use or threaten to use violence or other criminal means to harm the physical person, reputation, or <em>property</em> of any person."]},"sort":[6.679365,"7478666"]},{"_index":"complaint-public-v1","_id":"10475948","_score":6.6445026,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am writing to formally rescind my [ contract/agreement ] for the purchase of the [ XXXX, XXXX, vin number XXXX ], purchased on [ XX/XX/XXXX ] at your [ Dealership Location ]. Under the provisions of relevant consumer protection laws and regulations, including but not limited to the Truth in Lending Act ( TILA ), Federal Trade Commission ( FTC ) regulations, and the Consumer Financial Protection Bureau ( CFPB ) guidelines, I am exercising my right to rescind this contract and request a full refund of any amounts paid, in accordance with my rights under the Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601 ) and related consumer protection statutes. \n\nAfter careful review of the loan documents and disclosures provided by your dealership, I have discovered multiple violations of my rights as a consumer. These violations fall under the following federal consumer laws : 1. **Truth in Lending Act ( TILA ) Violations** : Truth and lending disclosure : Annual percentage rate, finance charge ( ( Sum of all charges ) ), amount financed, any down payment with total payments, total interest from apr. ( amount of credit provided on my behalf ( ( open end credit plan ) ). Drive time did not accurately and truthfully follow the ( TILA ) laws. \n\nPrimary tabs ( *definition ) The Truth in Lending Act ( TILA ) is a consumer protection law enacted in XXXX in response to exceedlingy predatory loan practices. Prior to the TILA, lenders would use a variety of terminology and forms of lending that manipulated uninformed borrowers. The TILA changed this by requiring a uniform system of disclosures and terminology to be used for lending like credit cards or mortgages. Creditors were required to disclose details like the annual percentage rate and repayments details in a clear way to borrowers or else the borrower may be able to rescind the debt. TILA also limits the amount of late fees creditors can charge. Overall, the TILA since its signing has been updated to respond to changing lending practices to ensure borrowers clearly understand the terms and conditions they agree to. \n\n\n\n\n-15 U.S. Code 1601- Congressional findings and declaration of purpose ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. \n( b ) Terms of personal property leases The XXXX also finds that there has been a recent trend toward leasing automobiles and other durable goods for consumer use as an alternative to installment credit sales and that these leases have been offered without adequate cost disclosures. It is the purpose of this subchapter to assure a meaningful disclosure of the terms of leases of personal property for personal, family, or household purposes so as to enable the lessee to compare more readily the various lease terms available to him, limit balloon payments in consumer leasing, enable comparison of lease terms with credit terms where appropriate, and to assure meaningful and accurate disclosures of lease terms in advertisements. \n- 15 U.S.C. 1602 ( g ), ( j ), ( i ), ( k ), ( p ) : Drive time Failed to provide clear and accurate definitions regarding credit terms and conditions at the time of the transaction or beforehand. \n\n15 U.S code 1602 ( g ) : ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter.\n\nIn this Violation I am not liable for any payments or finance charges outside of the initial Consumer credit transaction ( CCT ), as to having open end credit! There is no such evidence of indebtedness to ( me ) The contract will be voided and longer service anything. Rescind the agreement/ contract now. \n\n\n15 U.S code 1602 ( i ) : ( i ) The adjective consumer, used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes. \n\nI need the car to get my siblings to school and be able to go to work and back home. I can not do that in the face of illegal representation and not fully disclosing the information ( TILA ), who has instructed ( XXXX XXXX ) to do so in congress writing. I need the car so I am able to sustain a life of living. \n\n\n15 U.S code 1602 ( j ) : ( j ) The terms open end credit plan and open end consumer credit plan mean a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan or open end consumer credit plan which is an open end credit plan or open end consumer credit plan within the meaning of the preceding sentence is an open end credit plan or open end consumer credit plan even if credit information is verified from time to time. \n\nI have a right to unlimited credit in the case of being denied credit is a false and inaccurate statement under the consumer law writings. As I am not liable for any of the monthly payments, down payments and extra charges that were not clearly and conspicuously disclosed. \n\n\n15 U.S code 160XXXX ( k ) : ( k ) The term adequate notice, as used in section XXXX of this title, means a printed notice to a cardholder which sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. Such notice may be given to a cardholder by printing the notice on any credit card, or on each periodic statement of account, issued to the cardholder, or by any other means reasonably assuring the receipt thereof by the cardholder. \n\n\nThere was never a point in time that drive time informed me on my right to rescind, which is a violation for not disclosing to me my right Clearly and conspicuously to rescind. \n\n\n15 U.S code 1602 ( p ) : ( p ) The term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. \n\nI was violated by ( XXXX XXXX ) in the misuse of my credit report and information which is a violation. I received no benefits from the extra unlawful charges. This misleading information has led me into losing my job and not being able to get my mothers care needed. \n\n- 15 U.S.C. 1604 ( a ), ( b ) : Violations related to required regulations and guidelines for credit disclosures. They misused my credit which affected me in many statue damages, which damaged my way of living, character and right to obtain more credit. \n\n- 15 U.S.C. 1604 ( a ) : ( a ) Promulgation, contents, etc., of regulations The Bureau shall prescribe regulations to carry out the purposes of this subchapter. Except with respect to the provisions of section 1639 of this title that apply to a mortgage referred to in section 1602 ( aa ) [ 1 ] of this title, such regulations may contain such additional requirements, classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for all or any class of transactions, as in the judgment of the Bureau are necessary or proper to effectuate the purposes of this subchapter, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. \n\n- 15 U.S.C. 1604 ( b ) : ( b ) Model disclosure forms and clauses ; publication, criteria, compliance, etc. \nThe Bureau shall publish a single, integrated disclosure for mortgage loan transactions ( including real estate settlement cost statements ) which includes the disclosure requirements of this subchapter in conjunction with the disclosure requirements of the Real Estate Settlement Procedures Act of XXXX [ 12 U.S.C. 2601 et seq. ] that, taken together, may apply to a transaction that is subject to both or either provisions of law. The purpose of such model disclosure shall be to facilitate compliance with the disclosure requirements of this subchapter and the Real Estate Settlement Procedures Act of XXXX, and to aid the borrower or lessee in understanding the transaction by utilizing readily understandable language to simplify the technical nature of the disclosures. In devising such forms, the Bureau shall consider the use by creditors or lessors of data processing or similar automated equipment. Nothing in this subchapter may be construed to require a creditor or lessor to use any such model form or clause prescribed by the Bureau under this section. A creditor or lessor shall be deemed to be in compliance with the disclosure provisions of this subchapter with respect to other than numerical disclosures if the creditor or lessor ( 1 ) uses any appropriate model form or clause as published by the Bureau, or ( 2 ) uses any such model form or clause and changes it by ( A ) deleting any information which is not required by this subchapter, or ( B ) rearranging the format, if in making such deletion or rearranging the format, the creditor or lessor does not affect the substance, clarity, or meaningful sequence of the disclosure. \nIn accordance with the consumer law i am revoking all of my signatures from ( XXXX XXXX ) and all contracts that ( XXXX XXXX ) illegally obtained and distributed to other furnishers. \n\n- 15 U.S.C. 1605 ( a ) ( 1 ) - ( 6 ), ( c ), ( d ) ( 1 ) - ( 3 ), ( e ) ( 1 ) - ( 6 ) : Improper disclosure of the finance charge, amount financed, and the annual percentage rate ( APR ). In the documents attached to this letter ( Retail installment contract ) It shows extra charges outside of the finance charge which ( CLEARLY STATES ) in title above this statement. I will need full compensation back for all misleading advertisements presented illegally as for non accurate disclosures of documents to be terminated immediately. \n\n\n( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents ( car dealership ), attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( XXXX ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges. \n* XXXX, monthly payments ( XXXX ) Service or carrying charge. \n\n\n( XXXX ) Loan fee, finders fee, or similar charge. \n\n\n( XXXX ) Fee for an investigation or credit report. \n\n\n( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. \n\n\n\n\n( XXXX ) Borrower-paid mortgage broker fees, including fees paid directly to the broker or the lender ( for delivery to the broker ) whether such fees are paid in cash or financed. ( extra fees onto of car loan- apart of finance charged ) ( finaced to me on my behalf on the finance charged means it was paid off full. ) - 15 U.S.C. 1605 ( c ) : ( c ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property, shall be included in the finance charge unless a clear and specific statement in writing is furnished by the creditor to the person to whom the credit is extended, setting forth the cost of the insurance if obtained from or through the creditor, and stating that the person to whom the credit is extended may choose the person through which the insurance is to be obtained. \n\n\n- 15 U.S.C. 1605 ( d ) : ( d ) Items exempted from computation of finance charge in all credit transactions If any of the following items is itemized and disclosed in accordance with the regulations of the Bureau in connection with any transaction, then the creditor need not include that item in the computation of the finance charge with respect to that transaction : ( XXXX ) Fees and charges prescribed by law which actually are or will be paid to public officials for determining the existence of or for perfecting or releasing or satisfying any security related to the credit transaction. \n\n\n( XXXX ) The premium payable for any insurance in lieu of perfecting any security interest otherwise required by the creditor in connection with the transaction, if the premium does not exceed the fees and charges described in paragraph ( XXXX ) which would otherwise be payable. \n\n\n( XXXX ) Any tax levied on security instruments or on documents evidencing indebtedness if the payment of such taxes is a precondition for recording the instrument securing the evidence of indebtedness. \n\n\n- 15 U.S.C. 1605 ( e ) : ( e ) Items exempted from computation of finance charge in extensions of credit secured by an interest in real property The following items, when charged in connection with any extension of credit secured by an interest in real property, shall not be included in the computation of the finance charge with respect to that transaction : ( 1 ) Fees or premiums for title examination, title insurance, or similar purposes.\n\n( 2 ) Fees for preparation of loan-related documents.\n\n( 3 ) Escrows for future payments of taxes and insurance.\n\n( 4 ) Fees for notarizing deeds and other documents.\n\n( 5 ) Appraisal fees, including fees related to any pest infestation or flood hazard inspections conducted prior to closing.\n\n( 6 ) Credit reports. \n\n\n\n\n- 15 U.S.C. 1606 ( a ) ( 1 ) ( A ) ( B ) ( 2 ), ( b ), ( e ) : Violations in the calculation and disclosure of the APR and other credit terms.\n\n15 U.S. Code 1606 - Determination of annual percentage rate ( a ) Annual percentage rate defined The annual percentage rate applicable to any extension of consumer credit shall be determined, in accordance with the regulations of the Bureau, ( 1 ) in the case of any extension of credit other than under an open end credit plan, as ( A ) that nominal annual percentage rate which will yield a sum equal to the amount of the finance charge when it is applied to the unpaid balances of the amount financed, calculated according to the actuarial method of allocating payments made on a debt between the amount financed and the amount of the finance charge, pursuant to which a payment is applied first to the accumulated finance charge and the balance is applied to the unpaid amount financed; or ( B ) the rate determined by any method prescribed by the Bureau as a method which materially simplifies computation while retaining reasonable accuracy as compared with the rate determined under subparagraph ( A ). [ 1 ] ( 2 ) in the case of any extension of credit under an open end credit plan, as the quotient ( expressed as a percentage ) of the total finance charge for the period to which it relates divided by the amount upon which the finance charge for that period is based, multiplied by the number of such periods in a year. \n\n\n( b ) Computation of rate of finance charges for balances within a specified range Where a creditor imposes the same finance charge for balances within a specified range, the annual percentage rate shall be computed on the median balance within the range, except that if the Bureau determines that a rate so computed would not be meaningful, or would be materially misleading, the annual percentage rate shall be computed on such other basis as the Bureau may be regulation require ( e ) Authorization of tolerances in determining annual percentage rates In the case of creditors determining the annual percentage rate in a manner other than as described in subsection ( d ), the Bureau may authorize other reasonable tolerances. \n\n\n- 15 U.S.C. 1611 ( 1 ) - ( 3 ) : Drive time is held under the Criminal liability for willful and knowing violations of TILA provisions. \n\n15 U.S. Code 1611- Criminal liability for willful and knowing violation Whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, ( 2 ) uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or ( 3 ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. \n\n- 15 U.S.C. 1640 ( a ) ( 1 ) - ( 4 ), ( d ) - ( f ) : Civil liability for TILA violations, including statutory damages and legal remedies available to me as a consumer. My credit, person of self, natural character was damaged due to the fact of not being informed clearly and conspicuously on my rights and the finance charge break down. I have lost my daughter and jobs with my truck being repossessed illegally which is a breach of peace a federal law. I have been struggling to get to work do to this outcome of illegal activities. \n\n15 U.S. Code 1640 - Civil liability ( a ) Individual or class action for damages ; amount of award ; factors determining amount of award Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this part, including any requirement under section XXXX of this title, subsection ( f ) or ( g ) of section XXXX of this title, or part D or XXXX of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( XXXX ) any actual damage sustained by such person as a result of the failure ; ( XXXX ) ( A ) ( i ) in the case of an individual action twice the amount of any finance charge in connection with the transaction, ( ii ) in the case of an individual action relating to a consumer lease under part E of this subchapter, 25 per centum of the total amount of monthly payments under the lease, except that the liability under this subparagraph shall not be less than {$200.00} nor greater than {$2000.00}, ( iii ) in the case of an individual action relating to an open end consumer credit plan that is not secured by real property or a dwelling, twice the amount of any finance charge in connection with the transaction, with a minimum of {$500.00} and a maximum of {$5000.00}, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures ; [ 1 ] or ( iv ) in the case of an individual action relating to a credit transaction not under an open end credit plan that is secured by real property or a dwelling, not less than {$400.00} or greater than {$4000.00} ; or ( B ) in the case of a class action, such amount as the court may allow, except that as to each member of the class no minimum recovery shall be applicable, and the total recovery under this subparagraph in any class action or series of class actions arising out of the same failure to comply by the same creditor shall not be more than the lesser of {>= $1,000,000} or 1 per centum of the net worth of the creditor ; ( 3 ) in the case of any successful action to enforce the foregoing liability or in any action in which a person is determined to have a right of rescission under section 1635 or 1638 ( e ) ( 7 ) of this title, the costs of the action, together with a reasonable attorneys fee as determined by the court ; and ( 4 ) in the case of a failure to comply with any requirement under section 1639 of this title, paragraph ( 1 ) or ( 2 ) of section 1639b ( c ) of this title, or section 1639c ( a ) of this title, an amount equal to the sum of all finance charges and fees paid by the consumer, unless the creditor demonstrates that the failure to comply is not material.In determining the amount of award in any class action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditors failure of compliance was intentional. In connection with the disclosures referred to in subsections ( a ) and ( b ) of section 1637 of this title, a creditor shall have a liability determined under paragraph ( 2 ) only for failing to comply with the requirements of section 1635 of this title, 1637 ( a ) [ 2 ] of this title, or any of paragraphs ( 4 ) through ( 13 ) of section 1637 ( b ) of this title, or for failing to comply with disclosure requirements under State law for any term or item that the Bureau has determined to be substantially the same in meaning under section 1610 ( a ) ( 2 ) of this title as any of the terms or items referred to in section 1637 ( a ) of this title, or any of paragraphs ( 4 ) through ( 13 ) of section 1637 ( b ) of this title. In connection with the disclosures referred to in subsection ( c ) or ( d ) of section 1637 of this title, a card issuer shall have a liability under this section only to a cardholder who pays a fee described in section 1637 ( c ) ( 1 ) ( A ) ( ii ) ( I ) or section 1637 ( c ) ( 4 ) ( A ) ( i ) of this title or who uses the credit card or charge card. In connection with the disclosures referred to in section 1638 of this title, a creditor shall have a liability determined under paragraph ( 2 ) only for failing to comply with the requirements of section 1635 of this title, of paragraph ( 2 ) ( insofar as it requires a disclosure of the amount financed ), ( 3 ), ( 4 ), ( 5 ), ( 6 ), or ( 9 ) of section 1638 ( a ) of this title, or section 1638 ( b ) ( 2 ) ( C ) ( ii ) of this title, of subparagraphs ( A ), ( B ), ( D ), ( F ), or ( J ) of section 1638 ( e ) ( 2 ) of this title ( for purposes of paragraph ( 2 ) or ( 4 ) of section 1638 ( e ) of this title ), or paragraph ( 4 ) ( C ), ( 6 ), ( 7 ), or ( 8 ) of section 1638 ( e ) of this title, or for failing to comply with disclosure requirements under State law for any term which the Bureau has determined to be substantially the same in meaning under section 1610 ( a ) ( 2 ) of this title as any of the terms referred to in any of those paragraphs of section 1638 ( a ) of this title or section 1638 ( b ) ( 2 ) ( C ) ( ii ) of this title. With respect to any failure to make disclosures required under this part or part D or E of this subchapter, liability shall be imposed only upon the creditor required to make disclosure, except as provided in section 1641 of this title. \n\n\n( d ) Liability in transaction or lease involving multiple obligors When there are multiple obligors in a consumer credit transaction or consumer lease, there shall be no more than one recovery of damages under subsection ( a ) ( 2 ) for a violation of this subchapter. \n( e ) Jurisdiction of courts ; limitations on actions ; State attorney general enforcement Except as provided in the subsequent sentence, any action under this section may be brought in any United States district court, or in any other court of competent jurisdiction, within one year from the date of the occurrence of the violation or, in the case of a violation involving a private education loan ( as that term is defined in section 1650 ( a ) of this title ), 1 year from the date on which the first regular payment of principal is due under the loan. Any action under this section with respect to any violation of section 1639, 1639b, or 1639c of this title may be brought in any United States district court, or in any other court of competent jurisdiction, before the end of the 3-year period beginning on the date of the occurrence of the violation. This subsection does not bar a person from asserting a violation of this subchapter in an action to collect the debt which was brought more than XXXX year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action, except as otherwise provided by State law. An action to enforce a violation of section 1639, 1639b, 1639c, 1639d, 1639e, 1639f, 1639g, or 1639h of this title may also be brought by the appropriate State attorney general in any appropriate United States district court, or any other court of competent jurisdiction, not later than 3 years after the date on which the violation occurs. The State attorney general shall provide prior written notice of any such civil action to the Federal agency responsible for enforcement under section 1607 of this title and shall provide the agency with a copy of the complaint. If prior notice is not feasible, the State attorney general shall provide notice to such agency immediately upon instituting the action. The Federal agency may ( 1 ) intervene in the action ; ( 2 ) upon intervening ( A ) remove the action to the appropriate United States district court, if it was not originally brought there; and ( B ) be heard on all matters arising in the action; and ( XXXX ) file a petition for appeal. \n\n\n( f ) Good faith compliance with rule, regulation, or interpretation of Bureau or with interpretation or approval of duly authorized official or employee of Federal Reserve System No provision of this section, section 1607 ( b ) of this title, section 1607 ( c ) of this title, section 1607 ( e ) of this title, or section 1611 of this title imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or interpretation thereof by the Bureau or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Bureau to issue such interpretations or approvals under such procedures as the Bureau may prescribe therefor, notwithstanding that after such act or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. \n\n\n- 15 U.S.C. 1635 ( a ) - ( g ), ( i ) ( 1 ) ( 3 ) ( 4 ) : Right to rescind based on inadequate or misleading disclosures under TILA, specifically as it pertains to the right of rescission. XXXX XXXX did not clearly or conspicuously detail anything under the ( TILA ) LAW. \n\n\n( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section. \n( b ) Return of money or property following rescission When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court. \n( c ) Rebuttable presumption of delivery of required disclosures Notwithstanding any rule of evidence, written acknowledgment of receipt of any disclosures required under this subchapter by a person to whom information, forms, and a statement is required to be given pursuant to this section does no more than create a rebuttable presumption of delivery thereof. \n( d ) Modification and waiver of rights The Bureau may, if it finds that such action is necessary in order to permit homeowners to meet bona fide personal financial emergencies, prescribe regulations authorizing the","date_sent_to_company":"2024-10-16T19:34:11.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"27405","tags":null,"has_narrative":true,"complaint_id":"10475948","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-10-16T19:33:50.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Upon the performance of the creditors obligations under this section, the obligor shall tender the <em>property</em> to the creditor, except that if return of the <em>property</em> in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the <em>location</em> of the <em>property</em> or at the residence of the obligor, at the option of the obligor."]},"sort":[6.6445026,"10475948"]},{"_index":"complaint-public-v1","_id":"10475822","_score":6.256389,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"I am writing to formally rescind my [ contract/agreement ] for the purchase of the [ XXXX, XXXX, vin number XXXX ], purchased on [ XX/XX/XXXX ] at your [ XXXX XXXX ]. Under the provisions of relevant consumer protection laws and regulations, including but not limited to the Truth in Lending Act ( TILA ), Federal Trade Commission ( FTC ) regulations, and the Consumer Financial Protection Bureau ( CFPB ) guidelines, I am exercising my right to rescind this contract and request a full refund of any amounts paid, in accordance with my rights under the Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601 ) and related consumer protection statutes. \n\nAfter careful review of the loan documents and disclosures provided by your dealership, I have discovered multiple violations of my rights as a consumer. These violations fall under the following federal consumer laws : 1. **Truth in Lending Act ( TILA ) Violations** : Truth and lending disclosure : Annual percentage rate, finance charge ( ( Sum of all charges ) ), amount financed, any down payment with total payments, total interest from apr. ( amount of credit provided on my behalf ( ( open end credit plan ) ). did not accurately and truthfully follow the ( TILA ) laws.\n\nPrimary tabs ( *definition ) The Truth in Lending Act ( TILA ) is a consumer protection law enacted in 1968 in response to exceedlingy predatory loan practices. P\nrior to the TILA, lenders would use a variety of terminology and forms of lending that manipulated uninformed borrowers. The TILA changed this by requiring a uniform system of disclosures and terminology to be used for lending like credit cards or mortgages. Creditors were required to disclose details like the annual percentage rate and repayments details in a clear way to borrowers or else the borrower may be able to rescind the debt. TILA also limits the amount of late fees creditors can charge. Overall, the TILA since its signing has been updated to respond to changing lending practices to ensure borrowers clearly understand the terms and conditions they agree to. \n\n\n\n\n-15 U.S. Code 1601- Congressional findings and declaration of purpose ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. \n( b ) Terms of personal property leases The Congress also finds that there has been a recent trend toward leasing automobiles and other durable goods for consumer use as an alternative to installment credit sales and that these leases have been offered without adequate cost disclosures. It is the purpose of this subchapter to assure a meaningful disclosure of the terms of leases of personal property for personal, family, or household purposes so as to enable the lessee to compare more readily the various lease terms available to him, limit balloon payments in consumer leasing, enable comparison of lease terms with credit terms where appropriate, and to assure meaningful and accurate disclosures of lease terms in advertisements. \n- 15 U.S.C. 1602 ( g ), ( j ), ( i ), ( k ), ( p ) : Failed to provide clear and accurate definitions regarding credit terms and conditions at the time of the transaction or beforehand. \n\n15 U.S code 1602 ( g ) : ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter. \n\nIn this Violation I am not liable for any payments or finance charges outside of the initial Consumer credit transaction ( CCT ), as to having open end credit! There is no such evidence of indebtedness to ( me ) The contract will be voided and longer service anything. Rescind the agreement/ contract now. \n\n\n15 U.S code 1602 ( i ) : ( i ) The adjective consumer, used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes. \n\nI need the car to get my siblings to school and be able to go to work and back home. I can not do that in the face of illegal representation and not fully disclosing the information ( TILA ), who has instructed ( XXXX XXXX ) to do so in congress writing. I need the car so I am able to sustain a life of living. \n\n\n15 U.S code 1602 ( j ) : ( j ) The terms open end credit plan and open end consumer credit plan mean a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan or open end consumer credit plan which is an open end credit plan or open end consumer credit plan within the meaning of the preceding sentence is an open end credit plan or open end consumer credit plan even if credit information is verified from time to time. \n\nI have a right to unlimited credit in the case of being denied credit is a false and inaccurate statement under the consumer law writings. As I am not liable for any of the monthly payments, down payments and extra charges that were not clearly and conspicuously disclosed. \n\n\n15 U.S code XXXX ( k ) : ( k ) The term adequate notice, as used in section 1643 of this title, means a printed notice to a cardholder which sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. Such notice may be given to a cardholder by printing the notice on any credit card, or on each periodic statement of account, issued to the cardholder, or by any other means reasonably assuring the receipt thereof by the cardholder. \n\n\nThere was never a point in time that drive time informed me on my right to rescind, which is a violation for not disclosing to me my right Clearly and conspicuously to rescind. \n\n\n15 U.S code 1602 ( p ) : ( p ) The term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. \n\nI was violated by ( XXXX XXXX ) in the misuse of my credit report and information which is a violation. I received no benefits from the extra unlawful charges. This misleading information has led me into losing my job and not being able to get my mothers care needed. \n\n- 15 U.S.C. 1604 ( a ), ( b ) : Violations related to required regulations and guidelines for credit disclosures. They misused my credit which affected me in many statue damages, which damaged my way of living, character and right to obtain more credit. \n\n- 15 U.S.C. 1604 ( a ) : ( a ) Promulgation, contents, etc., of regulations The Bureau shall prescribe regulations to carry out the purposes of this subchapter. Except with respect to the provisions of section 1639 of this title that apply to a mortgage referred to in section 1602 ( aa ) [ 1 ] of this title, such regulations may contain such additional requirements, classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for all or any class of transactions, as in the judgment of the Bureau are necessary or proper to effectuate the purposes of this subchapter, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. \n\n- 15 U.S.C. 1604 ( b ) : ( b ) Model disclosure forms and clauses ; publication, criteria, compliance, etc. \nThe Bureau shall publish a single, integrated disclosure for mortgage loan transactions ( including real estate settlement cost statements ) which includes the disclosure requirements of this subchapter in conjunction with the disclosure requirements of the Real Estate Settlement Procedures Act of 1974 [ 12 U.S.C. 2601 et seq. ] that, taken together, may apply to a transaction that is subject to both or either provisions of law. The purpose of such model disclosure shall be to facilitate compliance with the disclosure requirements of this subchapter and the Real Estate Settlement Procedures Act of 1974, and to aid the borrower or lessee in understanding the transaction by utilizing readily understandable language to simplify the technical nature of the disclosures. In devising such forms, the Bureau shall consider the use by creditors or lessors of data processing or similar automated equipment. Nothing in this subchapter may be construed to require a creditor or lessor to use any such model form or clause prescribed by the Bureau under this section. A creditor or lessor shall be deemed to be in compliance with the disclosure provisions of this subchapter with respect to other than numerical disclosures if the creditor or lessor ( 1 ) uses any appropriate model form or clause as published by the Bureau, or ( 2 ) uses any such model form or clause and changes it by ( A ) deleting any information which is not required by this subchapter, or ( B ) rearranging the format, if in making such deletion or rearranging the format, the creditor or lessor does not affect the substance, clarity, or meaningful sequence of the disclosure. \nIn accordance with the consumer law i am revoking all of my signatures from ( XXXX XXXX ) and all contracts that ( XXXX XXXX ) illegally obtained and distributed to other furnishers. \n\n- 15 U.S.C. 1605 ( a ) ( 1 ) - ( 6 ), ( c ), ( d ) ( 1 ) - ( 3 ), ( e ) ( 1 ) - ( 6 ) : Improper disclosure of the finance charge, amount financed, and the annual percentage rate ( APR ). In the documents attached to this letter ( Retail installment contract ) It shows extra charges outside of the finance charge which ( CLEARLY STATES ) in title above this statement. I will need full compensation back for all misleading advertisements presented illegally as for non accurate disclosures of documents to be terminated immediately. \n\n\n( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents ( car dealership ), attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( 1 ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges.\n\n* Apr, monthly payments ( 2 ) Service or carrying charge. \n\n\n( 3 ) Loan fee, finders fee, or similar charge.\n\n( 4 ) Fee for an investigation or credit report.\n\n( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. \n\n\n\n\n( 6 ) Borrower-paid mortgage broker fees, including fees paid directly to the broker or the lender ( for delivery to the broker ) whether such fees are paid in cash or financed. ( extra fees onto of car loan- apart of finance charged ) ( finaced to me on my behalf on the finance charged means it was paid off full. ) - 15 U.S.C. 1605 ( c ) : ( c ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property, shall be included in the finance charge unless a clear and specific statement in writing is furnished by the creditor to the person to whom the credit is extended, setting forth the cost of the insurance if obtained from or through the creditor, and stating that the person to whom the credit is extended may choose the person through which the insurance is to be obtained. \n\n\n- 15 U.S.C. 1605 ( d ) : ( d ) Items exempted from computation of finance charge in all credit transactions If any of the following items is itemized and disclosed in accordance with the regulations of the Bureau in connection with any transaction, then the creditor need not include that item in the computation of the finance charge with respect to that transaction : ( 1 ) Fees and charges prescribed by law which actually are or will be paid to public officials for determining the existence of or for perfecting or releasing or satisfying any security related to the credit transaction. \n\n\n( 2 ) The premium payable for any insurance in lieu of perfecting any security interest otherwise required by the creditor in connection with the transaction, if the premium does not exceed the fees and charges described in paragraph ( 1 ) which would otherwise be payable.\n\n( 3 ) Any tax levied on security instruments or on documents evidencing indebtedness if the payment of such taxes is a precondition for recording the instrument securing the evidence of indebtedness. \n\n\n- 15 U.S.C. 1605 ( e ) : ( e ) Items exempted from computation of finance charge in extensions of credit secured by an interest in real property The following items, when charged in connection with any extension of credit secured by an interest in real property, shall not be included in the computation of the finance charge with respect to that transaction : ( 1 ) Fees or premiums for title examination, title insurance, or similar purposes. \n( 2 ) Fees for preparation of loan-related documents.\n\n( 3 ) Escrows for future payments of taxes and insurance.\n\n( 4 ) Fees for notarizing deeds and other documents.\n\n( 5 ) Appraisal fees, including fees related to any pest infestation or flood hazard inspections conducted prior to closing.\n\n( 6 ) Credit reports.\n\n- 15 U.S.C. 1606 ( a ) ( 1 ) ( A ) ( B ) ( 2 ), ( b ), ( e ) : Violations in the calculation and disclosure of the APR and other credit terms. \n\n15 U.S. Code 1606 - Determination of annual percentage rate ( a ) Annual percentage rate defined The annual percentage rate applicable to any extension of consumer credit shall be determined, in accordance with the regulations of the Bureau, ( 1 ) in the case of any extension of credit other than under an open end credit plan, as ( A ) that nominal annual percentage rate which will yield a sum equal to the amount of the finance charge when it is applied to the unpaid balances of the amount financed, calculated according to the actuarial method of allocating payments made on a debt between the amount financed and the amount of the finance charge, pursuant to which a payment is applied first to the accumulated finance charge and the balance is applied to the unpaid amount financed; or ( B ) the rate determined by any method prescribed by the Bureau as a method which materially simplifies computation while retaining reasonable accuracy as compared with the rate determined under subparagraph ( A ). [ 1 ] ( 2 ) in the case of any extension of credit under an open end credit plan, as the quotient ( expressed as a percentage ) of the total finance charge for the period to which it relates divided by the amount upon which the finance charge for that period is based, multiplied by the number of such periods in a year. \n\n\n( b ) Computation of rate of finance charges for balances within a specified range Where a creditor imposes the same finance charge for balances within a specified range, the annual percentage rate shall be computed on the median balance within the range, except that if the Bureau determines that a rate so computed would not be meaningful, or would be materially misleading, the annual percentage rate shall be computed on such other basis as the Bureau may be regulation require ( e ) Authorization of tolerances in determining annual percentage rates In the case of creditors determining the annual percentage rate in a manner other than as described in subsection ( d ), the Bureau may authorize other reasonable tolerances.\n\n- 15 U.S.C. 1611 ( 1 ) - ( 3 ) : is held under the Criminal liability for willful and knowing violations of TILA provisions. \n\n15 U.S. Code 1611- Criminal liability for willful and knowing violation Whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, ( 2 ) uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or ( 3 ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. \n\n- 15 U.S.C. 1640 ( a ) ( 1 ) - ( 4 ), ( d ) - ( f ) : Civil liability for TILA violations, including statutory damages and legal remedies available to me as a consumer. My credit, person of self, natural character was damaged due to the fact of not being informed clearly and conspicuously on my rights and the finance charge break down. I have lost my daughter and jobs with my truck being repossessed illegally which is a breach of peace a federal law. I have been struggling to get to work do to this outcome of illegal activities. \n\n15 U.S. Code 1640 - Civil liability ( a ) Individual or class action for damages ; amount of award ; factors determining amount of award Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this part, including any requirement under section 1635 of this title, subsection ( f ) or ( g ) of section 1641 of this title, or part D or E of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of the failure ; ( 2 ) ( A ) ( i ) in the case of an individual action twice the amount of any finance charge in connection with the transaction, ( ii ) in the case of an individual action relating to a consumer lease under part E of this subchapter, 25 per centum of the total amount of monthly payments under the lease, except that the liability under this subparagraph shall not be less than {$200.00} nor greater than {$2000.00}, ( iii ) in the case of an individual action relating to an open end consumer credit plan that is not secured by real property or a dwelling, twice the amount of any finance charge in connection with the transaction, with a minimum of {$500.00} and a maximum of {$5000.00}, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures ; [ 1 ] or ( iv ) in the case of an individual action relating to a credit transaction not under an open end credit plan that is secured by real property or a dwelling, not less than {$400.00} or greater than {$4000.00} ; or ( B ) in the case of a class action, such amount as the court may allow, except that as to each member of the class no minimum recovery shall be applicable, and the total recovery under this subparagraph in any class action or series of class actions arising out of the same failure to comply by the same creditor shall not be more than the lesser of {>= $1,000,000} or 1 per centum of the net worth of the creditor ; ( 3 ) in the case of any successful action to enforce the foregoing liability or in any action in which a person is determined to have a right of rescission under section 1635 or 1638 ( e ) ( 7 ) of this title, the costs of the action, together with a reasonable attorneys fee as determined by the court ; and ( 4 ) in the case of a failure to comply with any requirement under section 1639 of this title, paragraph ( 1 ) or ( 2 ) of section 1639b ( c ) of this title, or section 1639c ( a ) of this title, an amount equal to the sum of all finance charges and fees paid by the consumer, unless the creditor demonstrates that the failure to comply is not material.In determining the amount of award in any class action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditors failure of compliance was intentional. In connection with the disclosures referred to in subsections ( a ) and ( b ) of section 1637 of this title, a creditor shall have a liability determined under paragraph ( 2 ) only for failing to comply with the requirements of section 1635 of this title, 1637 ( a ) [ 2 ] of this title, or any of paragraphs ( 4 ) through ( 13 ) of section 1637 ( b ) of this title, or for failing to comply with disclosure requirements under State law for any term or item that the Bureau has determined to be substantially the same in meaning under section 1610 ( a ) ( 2 ) of this title as any of the terms or items referred to in section 1637 ( a ) of this title, or any of paragraphs ( 4 ) through ( 13 ) of section 1637 ( b ) of this title. In connection with the disclosures referred to in subsection ( c ) or ( d ) of section 1637 of this title, a card issuer shall have a liability under this section only to a cardholder who pays a fee described in section 1637 ( c ) ( 1 ) ( A ) ( ii ) ( I ) or section 1637 ( c ) ( 4 ) ( A ) ( i ) of this title or who uses the credit card or charge card. In connection with the disclosures referred to in section 1638 of this title, a creditor shall have a liability determined under paragraph ( 2 ) only for failing to comply with the requirements of section 1635 of this title, of paragraph ( 2 ) ( insofar as it requires a disclosure of the amount financed ), ( 3 ), ( 4 ), ( 5 ), ( 6 ), or ( 9 ) of section 1638 ( a ) of this title, or section 1638 ( b ) ( 2 ) ( C ) ( ii ) of this title, of subparagraphs ( A ), ( B ), ( D ), ( F ), or ( J ) of section 1638 ( e ) ( 2 ) of this title ( for purposes of paragraph ( 2 ) or ( 4 ) of section 1638 ( e ) of this title ), or paragraph ( 4 ) ( C ), ( 6 ), ( 7 ), or ( 8 ) of section 1638 ( e ) of this title, or for failing to comply with disclosure requirements under State law for any term which the Bureau has determined to be substantially the same in meaning under section 1610 ( a ) ( 2 ) of this title as any of the terms referred to in any of those paragraphs of section 1638 ( a ) of this title or section 1638 ( b ) ( 2 ) ( C ) ( ii ) of this title. With respect to any failure to make disclosures required under this part or part D or E of this subchapter, liability shall be imposed only upon the creditor required to make disclosure, except as provided in section 1641 of this title. \n\n\n( d ) Liability in transaction or lease involving multiple obligors When there are multiple obligors in a consumer credit transaction or consumer lease, there shall be no more than one recovery of damages under subsection ( a ) ( 2 ) for a violation of this subchapter. \n( e ) Jurisdiction of courts ; limitations on actions ; State attorney general enforcement Except as provided in the subsequent sentence, any action under this section may be brought in any United States district court, or in any other court of competent jurisdiction, within one year from the date of the occurrence of the violation or, in the case of a violation involving a private education loan ( as that term is defined in section 1650 ( a ) of this title ), 1 year from the date on which the first regular payment of principal is due under the loan. Any action under this section with respect to any violation of section 1639, 1639b, or 1639c of this title may be brought in any United States district court, or in any other court of competent jurisdiction, before the end of the 3-year period beginning on the date of the occurrence of the violation. This subsection does not bar a person from asserting a violation of this subchapter in an action to collect the debt which was brought more than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action, except as otherwise provided by State law. An action to enforce a violation of section 1639, 1639b, 1639c, 1639d, 1639e, 1639f, 1639g, or 1639h of this title may also be brought by the appropriate State attorney general in any appropriate United States district court, or any other court of competent jurisdiction, not later than 3 years after the date on which the violation occurs. The State attorney general shall provide prior written notice of any such civil action to the Federal agency responsible for enforcement under section 1607 of this title and shall provide the agency with a copy of the complaint. If prior notice is not feasible, the State attorney general shall provide notice to such agency immediately upon instituting the action. The Federal agency may ( 1 ) intervene in the action ; ( 2 ) upon intervening ( A ) remove the action to the appropriate United States district court, if it was not originally brought there; and ( B ) be heard on all matters arising in the action; and ( 3 ) file a petition for appeal. \n\n\n( f ) Good faith compliance with rule, regulation, or interpretation of Bureau or with interpretation or approval of duly authorized official or employee of Federal Reserve System No provision of this section, section 1607 ( b ) of this title, section 1607 ( c ) of this title, section 1607 ( e ) of this title, or section 1611 of this title imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or interpretation thereof by the Bureau or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Bureau to issue such interpretations or approvals under such procedures as the Bureau may prescribe therefor, notwithstanding that after such act or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. \n\n\n- 15 U.S.C. 1635 ( a ) - ( g ), ( i ) ( 1 ) ( 3 ) ( 4 ) : Right to rescind based on inadequate or misleading disclosures under TILA, specifically as it pertains to the right of rescission. XXXX XXXX did not clearly or conspicuously detail anything under the ( TILA ) LAW. \n\n\n( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section. \n( b ) Return of money or property following rescission When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court. \n( c ) Rebuttable presumption of delivery of required disclosures Notwithstanding any rule of evidence, written acknowledgment of receipt of any disclosures required under this subchapter by a person to whom information, forms, and a statement is required to be given pursuant to this section does no more than create a rebuttable presumption of delivery thereof. \n( d ) Modification and waiver of rights The Bureau may, if it finds that such action is necessary in order to permit homeowners to meet bona fide personal financial emergencies, prescribe regulations authorizing the modification or waiver of any","date_sent_to_company":"2024-10-16T19:19:51.000Z","issue":"Problems at the end of the loan or lease","sub_product":"Loan","zip_code":"27405","tags":null,"has_narrative":true,"complaint_id":"10475822","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRUIST FINANCIAL CORPORATION","date_received":"2024-10-16T18:54:50.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Unable to receive car title or other problem after the loan is paid off"},"highlight":{"complaint_what_happened":["Upon the performance of the creditors obligations under this section, the obligor shall tender the <em>property</em> to the creditor, except that if return of the <em>property</em> in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the <em>location</em> of the <em>property</em> or at the residence of the obligor, at the option of the obligor."]},"sort":[6.256389,"10475822"]},{"_index":"complaint-public-v1","_id":"9005065","_score":5.6463175,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX U.S.Code XXXX ( a ) ( XXXX ) XXXX ( XXXX ) - the term consumer means a natural person XXXX U.S.Code XXXX ( a ) XXXX ( a ) - XXXX has a right to privacy. \n\n\n\nXXXX U.S.Code XXXX ( XXXX ) XXXX ( XXXX ) - creditor, [ XXXX XXXX as the original creditor ] as the consumer answers the question who created the debt? Creditor means ANY person who offers or extends credit, creating a debt or to whom a debt is owed. Also excludes alleged creditors because it does not include any person who receives an assignment. \n\n\n\nXXXX U.S.Code XXXX ( XXXX ) XXXX ( XXXX ) - Location information includes telephone number, place of abode, place of employment. This is private remove it XXXX U.S.Code XXXX ( c ) XXXX XXXX XXXX ( c ) XXXX ( c ) Legal refusal to pay debt. Cease and Desist. \n\nOnly communication allowed is ; XXXX. Debt collector states all termination to collect are terminated ; XXXX. Allows consumer to invoke their status of creditor to receive their specified remedy ; XXXX. Allows for the notification of the intention to invoke specified remedy. XXXX. If the notice is delivered by mail the cease and desist is started upon the receipt of when the mail is sent. \n\n\n\nXXXX U.S.Code XXXX ( d ) XXXX ( d ) - Allows for the invoked status of XXXX, executor, and as age or majority, parent can execute over the minor. The minor would be the corporation of your own birth certificate and opposing debt collector. This would also allow for your claim of stating the debt collector has no legal standing as they are in fact a minor in law. \n\n\n\nXXXX U.S.Code XXXX ( XXXX ) XXXX ( XXXX ) ( A ) - false character, amount, or legal status of any debt. - AKA if your amount is shown in the positive it is a false and misrepresentation. If the balance was owed in a bank account it would be shown in the negative. This amount is shown positively. How can a person pay on a positive amount? \n\n\n\nXXXX U.S.Code XXXX ( XXXX ) XXXX ( XXXX ) - anything you deem false and deceptive with evidence. \n\n\n\nXXXX U.S.Code XXXX ( XXXX ) XXXX ( XXXX ) - the assignee clause which makes the XXXX party debt collector and the one who assigns the debt liable. \n\n\n\nXXXX U.S.Code XXXX ( b ) XXXX ( b ) - If you dispute the debt in writing, they can not continue to report the debt until the dispute is over as the communication must stop. If not this is a violation. \n\n\n\nXXXX XXXX XXXX XXXX Give me all of my COINS back.I want all of my money Notice, In accordance with XXXX XXXX XXXX I, the consumer and affiant in fact, give, with my written instruction, direction for to redirect all prior payments, and all current payments to rectify the matters herein, to me XXXX XXXX XXXX XXXX - False and deceptive forms. A form which is made to believe the debt has something to do with you or you are obligated and you are not, is false and deceptive. XXXX found in a form is a false and deceptive form and a violation of this act. For example if you go and get a car after a consumer credit transaction, you went for a car and gave credit. Companies are known to make whats called asset accounts. You never went to have an account made, this is a false and deceptive form because they never disclose this account being made. This includes statements which falsely accuses you of owing a debt. The delivery of these forms via mail constitutes mail fraud. However this subsection would not be used from inception of a contract, only after when an alleged debt is in the process of being collected and there is fraud found. \n\n\n\nXXXX U.S.Code XXXX ( a ) ( XXXX ) XXXX ( a ) ( XXXX ) - Allows for any action of damage. \n\n\n\nXXXX U.S.Code XXXX ( a ) ( XXXX ) ( A ) XXXX ( a ) ( XXXX ) ( A ) - XXXX dollars for each proceeding. To get a XXXX dollars per violation, you will use XXXX dollars as actual damage under XXXX U.S.Code XXXX ( a ) ( XXXX ) XXXX U.S.Code XXXX ( a ) ( XXXX ) ( B ) XXXX ( a ) ( XXXX ) ( B ) -If you win a civil suit and file a class action, you can obtain up to XXXX or 1 % of the company. \n\n\n\nXXXX U.S.Code XXXX ( d ) XXXX ( d ) - you can invoke your jurisdiction. And as the XXXX, or judge, and the creditor under XXXX ( d ) and you can administer judgement as the XXXX. You are the secured party right? \n\n\n\nXXXX U.S.Code XXXX ( b ) XXXX ( b ) - CRAs must follow reasonable procedures. Must be fair and equitable to the consumer. \n\n\n\nXXXX ( a ) ( XXXX ) XXXX ( a ) ( XXXX ) - Consumers right to privacy Notice, I, the affiant, a consumer has the right to privacy pursuant to XXXX U.S.Code XXXX ( a ) ( XXXX ). has violated my right to privacy by furnishing private information about me without any lawful authority or my written consent. \n\n\n\nXXXX U.S.Code XXXX ( f ) XXXX ( f ) - Consumer reporting agencies - Examples are XXXX, Transunion, XXXX. However there are over XXXX agencies who collect, house XXXX and sell your information. Any person who produces a consumer report would be a CRA. \n\n\n\n\n\nXXXX U.S.Code XXXX ( XXXX ) ( A ) ( iii ) XXXX ( XXXX ) ( A ) ( iii ) - The consumer must be given a chance to direct the information whether they want the information about a transaction they had to be reported or not. This is referenced in the XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) ( B ) XXXX ( XXXX ) ( B ) - if a transaction was authorized by your social security card, the real credit card first defined, understand the Truth in Lending Act, this transaction must be excluded from your consumer report. \n\n\n\nXXXX U.S.Code XXXX ( XXXX ) XXXX ( XXXX ) - investigated reports must have sources of interviews of family and friends, and the results can not contain factual information. \n\n\n\nXXXX U.S.Code XXXX ( g ) XXXX ( g ) - The consumer XXXX, includes the full file of a consumers collected information and the sources of that information. \n\n\n\nXXXX U.S.Code XXXX ( i ) ( XXXX ) XXXX ( i ) ( XXXX ) - medical information can not be included - age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy. In other words not a single piece of medical information should be on your report XXXX XXXX XXXX ( q ) ( XXXX ) XXXX ( q ) ( XXXX ) - Identity Theft definition, similar to XXXX XXXX XXXX XXXX XXXX Notice, affiant is aware the term identity theft as described in XXXX XXXX XXXX ( q ) ( XXXX ) and Regulation V XXXX XXXX XXXX is a fraud committed or attempted using the identifying information of another person without authority.If you never expressed permissions, which means its written down, then it shouldnt be on your report XXXX XXXX XXXX ( a ) ( XXXX ) XXXX ( a ) ( XXXX ) - CRAs need written instruction to make a consumer report by the XXXX XXXX XXXX XXXX ( CRA ) XXXX XXXX XXXX ( c ) ( XXXX ) ( A ) XXXX ( c ) ( XXXX ) ( A ) - This is an inquiry that gets reported onto your consumer report. Some times CRAs will try to say XXXX only refers to inquires, here is a snap back, you cant be afraid to fight back! \n\nNotice, affiant is aware, section XXXX U.S.Code XXXX, permissible purposes does not only refer to inquires. Inquiries fall under only XXXX subsection under the Fair Credit Reporting Act, Title XXXX XXXX XXXX ( c ) ( XXXX ) ( A ) and does not make up the entire section of XXXX XXXX XXXX. The presumption which states XXXX only refers to inquires is false and misleading. \n\n\n\nXXXX XXXX XXXX ( c ) ( XXXX ) ( A ) ( B ) ( i ) ( XXXX ) XXXX ( c ) ( XXXX ) ( A ) ( B ) ( i ) ( XXXX ) - Unauthorized inquiries XXXX XXXX XXXX ( a ) XXXX ( a ) - reasonable procedures must be maintained to avoid violations of XXXX and XXXX XXXX XXXX XXXX ( b ) XXXX ( b ) - must maintain maximum possible accuracy. \n\n\n\nXXXX U.S.Code XXXX XXXX - Request for a full file disclosure and the sources of its XXXX XXXX U.S.Code XXXX ( f ) ( XXXX ) ( A ) ( i ) XXXX ( f ) ( XXXX ) ( A ) ( i ) - XXXX XXXX is a risk score. \n\nNotice affiant is aware, a XXXX XXXX is a risk score pursuant to XXXX XXXX XXXX XXXX ( f ) ( XXXX ) ( A ) ( i ). Like other risk scores, a XXXX XXXX is a calculated score that tells you how severe a risk is, based on several factors to predict the likelihood of certain credit behaviors such as default. \n\n\n\nXXXX U.S.Code XXXX ( XXXX ) XXXX ( XXXX ) - Method of XXXX I demand to know the method used to verify this information. If a description of the method used to verify this information can not be provided, information associated with must be removed XXXX XXXX XXXX ( XXXX ) ( A ) XXXX ( XXXX ) ( A ) - failed demand to comply or failure to comply XXXX XXXX XXXX ( XXXX ) ( A ) ( i ) XXXX ( XXXX ) ( A ) ( i )- If 30 days have past information has not been verified within that time of reinvestigation, the information must be deleted. \n\n\n\nXXXX XXXX XXXX ( a ) ( XXXX ) ( A ) XXXX ( a ) ( XXXX ) ( A ) - willful failure to comply with any requirement under the FCRA is damages up to {$15.00} XXXX XXXX ( a ) ( XXXX ) ( A ) XXXX ( a ) ( XXXX ) ( A ) - Unauthorized Inquiries hold civil liability up to the amount of {$1000.00} or the actual damage as the cause of this failure, whatever is greater. \n\n\n\nXXXX XXXX XXXX XXXX ( a ) ( XXXX ) - For negligent noncompliance, or in other words, failure to comply even though they should have known they must comply, is equal to the sum of action damages. \n\nThe law is public information acting like they didnt know is no excuse to violate you or the law XXXX XXXX Code XXXX XXXX - Any person which includes a consumer reporting agency who willfully and knowingly obtains INFORMATION on a consumer from a consumer reporting agency under false pretenses shall be fined under title XXXX XXXX XXXX XXXX XXXX ( XXXX ) ( XXXX ) XXXX ( XXXX ) ( A ) ( XXXX ) - This is a snap back to a company who states they are required to report 100 % accurate information. They misconstrue the law to state they are required to report accurate information but this does not mean the must report negative information. This is not a requirement of the FCRA. This is false and misleading and a violation of XXXX ( XXXX ) ( XXXX ) XXXX U.S.Code XXXX ( XXXX ) XXXX ( XXXX ) The term person means a natural person or an organization. \n\nNotice, affiant is aware, a person as defined under the Truth in Lending Act as a natural person or an organization, and organization can be a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association as defined under the Truth in Lending Act, XXXX XXXX XXXX ( XXXX ) XXXX XXXX XXXX ( f ) XXXX XXXX XXXX ( f ) Notice, affiant is aware, the term credit means the right granted by I, the original creditor, to a debtor to defer payment of the debt or to incur debt or a loan from the XXXX Treasury and defer its payment. \n\n\n\nThis makes { COMPANY NAME } a borrower or solicitor who induced me to the treasury window to receive funds unbeknownst to I, at the time of the transaction. I, the affiant, came to extend credit as shown in exhibit ( -- ) and not receive a loan from the XXXX treasury. The contract I received, as a result, was an unsolicited advertisement described in XXXX U.S.C XXXX ( a ) ( XXXX ) by { COMPANY NAME } and lack of willful full disclosure was the fraud of execution in conjunction with fraud of inducement brought forth by { COMPANY NAME }. \n\n\n\nXXXX XXXX XXXX XXXX ( g ) XXXX ( g ) The term creditor refers only to a person, natural person, who regularly extends credit and is the person to whom the debt arising from thus we created the debt, and the consumer credit transaction is initially payable on the face of the evidence of indebtedness, or a contract. \n\n\n\nXXXX U.S.Code XXXX ( i ) XXXX ( i ) - a consumer in connection with a consumer credit transaction, refers to natural person who extends credit to obtain goods, money or services are primarily for personal, family, or household purposes. \n\n\n\nXXXX U.S.Code XXXX ( j ) XXXX ( j ) - A credit card from a bank such as XXXX are actually called open-ended consumer credit plans. Installment loans also fit under this category as well. \n\nin accordance with XXXX U.S.Code XXXX ( j ) which contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which XXXX be computed from time to time. \n\n\n\nXXXX U.S.Code XXXX ( l ) XXXX ( l ) The term credit card means any card, which includes examples such as an EBT card or social security card, license plate, checkbook or remittance slip. \n\n\n\n\n\nXXXX U.S.Code XXXX ( p ) XXXX ( p ) The term unauthorized use, as used in section XXXX of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. \n\n\n\nXXXX U.S.Code XXXX ( v ) XXXX ( v ) - material disclosures require XXXX different requirements and XXXX disclosures are required if it is a mortgage contract. \n\nXXXX the annual percentage rate, XXXX the method of determining the finance charge XXXX the balance upon which a finance charge will be imposed, XXXX the amount of the finance charge, XXXX the amount to be financed, XXXX the total of payments, XXXX the number and amount of payments, XXXX the due dates or periods of payments scheduled to repay the indebtedness, XXXX disclosures required by section XXXX ( a ) of this title. ( Mortgage XXXX ) Notice, affiant is aware, in accordance to the regulations of the XXXX, there are XXXX required material disclosures which should be clear and conscious, bolded with XXXX point font and sectioned off in boxes within each consumer credit contract ; XXXX material disclosures are required if it is a mortgage contract. As shown in EXHIBIT ( -- ), the contract provided did not meet the full criteria of the material disclosures in accordance with XXXX U.S.Code XXXX ( v ) required by the Truth in Lending Act and is in violation of XXXX U.S.Code XXXX ( v ). \n\n\n\nXXXX U.S.Code XXXX ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, ( b ) does not include charges of a type payable in a comparable cash transaction. \n\nthe finance charge includes any of the following types of charges which are applicable : ( XXXX ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges. \n\n( XXXX ) Service or carrying charge. \n\n( XXXX ) Loan fee, finders fee, or similar charge. \n\n( XXXX ) Fee for an investigation or credit report. \n\n( XXXX ) XXXX or other charge for any guarantee or insurance protecting the creditor against the obligors default or fees paid directly to the broker or the lender ( XXXX ) fees ( for delivery to the broker ) whether such fees are paid in cash or financed. \n\n( XXXX ) Life, accident, or health insurance premiums included in finance charge Charges or premiums for credit life, accident, or health insurance written in connection with any consumer credit transaction shall be included in the finance charges ( XXXX ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property. Meaning all debts with a finance charge comes with insurance in case of default. \n\n\n\nXXXX ( a ) ( b ) XXXX ( a ) ( b ) - Insurance, interest, services, deliver fees, loan fees, broker fees, fee to cover defaults, are all included in the finance charge. \n\n\n\nXXXX U.S.Code XXXX ( a ) XXXX ( a ) No down payments or any cash in connection with a finance charge. \n\n\n\nXXXX XXXX Code XXXX ( XXXX ) ; ( XXXX ) Whoever willfully and knowingly ( XXXX ) gives false or inaccurate information or fails to provide information which he is required to disclose under the under TILA and every \" regulation '' or consumer law after, and since XXXX is the first law it's all of consumer credit protection, or ( XXXX ) if companies fails to comply with any requirement imposed under TILA shall be fined not more than {$5000.00} or imprisoned not more than XXXX year, or both. \n\n\n\nXXXX XXXX XXXX XXXX Revoking power of attorney. \n\nNotice, affiant is invoking it's right of rescission in accordance with XXXX U.S.Code XXXX and XXXX XXXX XXXX to rescind any power of attorney which XXXX have been used in connection with this transaction which includes any derivative, hypothecation, trades, transfers of possession, whether voluntary or involuntary involving any and every instrument which XXXX have occurred unbeknownst to me. I was not given full disclosure of any such power of attorney until discovery of its potential existence and demand a full revocation of such document ( XXXX ) ; nunc pro tunc.! If you have XXXX give them yours as well XXXX XXXX XXXX XXXX - arbitration clause Notice, affiant is aware, upon discovery, this contract has been a XXXX sided agreement which I was never disclosed the second signature by an authorized party, head of agency or registered agent .The appropriate \" meeting of the minds '' has never occurred in connection with this contract. Being the only party to sign this contract without full willful disclosure I invoke and reserve my right to revoke the arbitration clause in connection with this contract and for any transfer, trade, hypothecation, whether voluntary or involuntary involving any and every instrument which XXXX have occurred unbeknownst to me ; XXXX pro tunc. \n\n\n\nXXXX XXXX Code XXXX ( b ) ( XXXX ) ( A ) XXXX ( b ) ( XXXX ) ( A ) - Creditor must provide documentary evidence upon request to verify a billing error otherwise there is a violation of XXXX XXXX XXXX Notice, affiant is aware, documentary evidence pursuant to XXXX U.S.Code XXXX includes all documents, papers, correspondence, books of account, and financial and corporate records which involve all derives, assignees, hypothecations in connection with my all caps name. I require this clarification in order to address the billing error for the amount shown in this statement in Exhibit ( -- ). I need to clarify who funded the account and how much is owed according to the journal and ledger entries from the date of open of this account as described in IRS Publication XXXX. I am giving formal notice of this billing error until I receive all documentary evidence. Until this documentary evidence has been received this billing error is a violation of XXXX U.S.Code XXXX XXXX U.S.Code XXXX ( a ) XXXX ( a ) - For each violation of TILA is double the finance charge when it comes to consumer credit transactions. This doesn't mean if you find multiple TILA violations there is only double the finance charge XXXX time. Each violation is double the finance charge. In a lease each violation is XXXX dollars. If there is no security interest its XXXX per violation or higher depending on a pattern of failures aka XXXX. charges. \n\n\n\nXXXX U.S.Code XXXX ( B ) if there is a class action then the violation can be XXXX or 1 % of the net worth of the creditor. \n\n\n\nXXXX U.S.Code XXXX ( a ) XXXX ( a ) - Fraudulent authorized use of a credit card such as a license plate, social security card, XXXX card etc, can result up to a XXXX fine. \n\n\n\nXXXX XXXX XXXX XXXX ( b ) XXXX ( b ) - It is illegal to require any downpayment in connection with a consumer credit transaction XXXX U.S.Code XXXX ( b ) ( XXXX ) XXXX ( b ) ( XXXX ) - Billing errors caused by not providing documentary evidence as defined as XXXX U.S.Code XXXX. \n\n\n\nXXXX XXXX XXXX XXXX XXXX ( a ) Creditor can not report information to any third party if there is a billing error dispute until the dispute is over XXXX U.S.Code XXXX ( XXXX ) XXXX ( XXXX ) - if the creditor does not provide all documentary evidence as defined under XXXX U.S.Code XXXX this will result in a billing error and the creditor forfeits all rights to collect on the amount the person has identified in dispute. If the person gets the final payout statement amount and states the amount is a billing error then the entire amount would not be able to be collected on. \n\n\n\nXXXX XXXX. XXXX ( d ) ( XXXX ) - enforcing the billing error, and restrictions from a company. \n\nNotice, affiant is aware, as the creditor XXXX not collect any disputed amount, I the consumer and affiant, does not need to pay, the creditor can not restrict, accelerate payment or close an account and or make or threaten any adverse reporting to any person about the consumer 's credit standing without resolving the billing error. Such actions by will forfeit its rights to collect the disputed amount as described in XXXX XXXX XXXX ( XXXX ) and hold the creditor liable under XXXX XXXX XXXX for the actual damage caused to I, the affiant, as well as held to criminal liability pursuant to XXXX XXXX XXXX for failing to require documentary evidence as requested to clarify and revolve the previously addressed billing error XXXX XXXX Code XXXX XXXX - If there is a balance of credit or insurance of the account in connection to a consumer credit transaction with a surplus over XXXX dollar, this account should be credited in the amount of the credit balance, upon request, the remaining balance of the amount should be refunded to the consumer, by cash, check, or money order. The amount can not be known without knowing the journal and ledger entires of the account from the date of account opening as described in XXXX IRS XXXX. \n\nMake sure to tell them if you want it in cash check or money order and where to send it too XXXX XXXX XXXX XXXX XXXX ( a ) ( XXXX ) - it is unlawful to discriminate in any aspect against anyone who exercised their right in good faith. Credit is the right granted under title XXXX ( f ) ... ( think about it ) XXXX XXXX Code XXXX ( b ) ( a ) ( A ) ( B ) ( C ) - The right to opt out, the right to have the information clearly and conspicuously disclosed and consumers directing that information not to be disclosed and explanation to how to opt out of reporting. \n\n\n\nXXXX XXXX. XXXX ( d ) Purchase money loan NoticeI the affiant has reason to believe and do so believe a purchase money loan, cash advance was given as the creditor from the XXXX Treasury for a finance charge and the consumer credit was to be forwarded to the consumer or natural person, I the affiant, in this transaction for household, goods, and services in exchange for disclosed, limited and authorized use of the negotiable instrument, social security number or credit card and signature I have provided, which are all properties which belong to I, the affiant, so be it I, living name, agent for principal XXXX XXXX and XXXX, I am a federally protected consumer, holder in due course, attorney in fact, for any and all derivatives thereof for the surname/given name and I have been appointed and accept being the executor both public and private for all matters proceeding, and I hereby claim that I I will autograph for my given name, XXXX XXXX and XXXX the agent and XXXX in fact. \n\n\n\nXXXX finds there is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. \n\nUpon review of my credit report, I have notice you are reporting several inaccurate information. You have a duty pursuant to the FCRA to report accurate and fair information. In accordance with the Fair Credit Reporting act company name, has violated my rights. I have the right to privacy. XXXX XXXX XXXX Section XXXX A Section XXXX : It also states a consumer reporting agency can not furnish a account without my written instructions. \n\n\n\nThe Consumer Credit Report, Pursuant to title XXXX XXXX ( a ) ( XXXX ) exclusions ( XXXX ) Exclusions.Except as provided in paragraph ( XXXX ), the term consumer report does not include ( A ) subject to section XXXX of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Late Payments Entries Identified On The Consumer Report Are A Violation Of My Rights As Consumer This includes charge offs and collections XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX The following address needs to be removed immediately. \n\nXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, IL XXXX XXXX. XXXX XXXX XXXX XXXX XXXX, IL XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX, IL XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IL XXXX The following employer need to be immediately removed. \n\nXXXX. XXXX TAC XXXX XXXX  The following inquiries need to be immediately removed. \n\nXXXX. XXXX XXXX XXXX. XXXX XXXX. XXXX XXXX XXXX XXXX I believe these unauthorized inquiries violate the provisions outlined in Title XXXX XXXX XXXX, as I have not applied for credit or sought any services from the aforementioned creditors, and therefore, these inquiries are not valid or authorized. As a consumer, it is my right to have accurate and up-to-date information in my credit report, and unauthorized inquiries can negatively impact my creditworthiness and financial opportunities.","date_sent_to_company":"2024-05-14T17:13:00.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"60510","tags":null,"has_narrative":true,"complaint_id":"9005065","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-05-14T16:37:51.000Z","state":"IL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["of the ownership or use of <em>property</em>."]},"sort":[5.6463175,"9005065"]},{"_index":"complaint-public-v1","_id":"7490965","_score":5.534129,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"PART ( 2 ) adding on from part 1 [ DISCOVER ] *******Another critical provision of the Fair Debt Collection Practices Act ( FDCPA ), specifically 15 U.S. Code 1692c ( b ) - Communication with third parties. This section is of great significance, and I believe its crucial that Discover understands its implications. 15 U.S. Code 1692c ( b ) - Communication with third parties : The FDCPA explicitly states that, without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector, including Discover, may not communicate with any person other than the consumer, their attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. While I represent myself in this matter, it is essential that Discover fully comprehends the scope of this provision. Any communication with third parties not covered by the exceptions outlined in the FDCPA constitutes a violation of my rights as a consumer. I urge Discover to promptly review its practices and ensure strict compliance with 15 U.S. Code 1692c ( b ). Violations of this provision can have severe legal consequences, and I am committed to protecting my rights as a consumer. I have identified numerous violations of 15 U.S. Code 1692d, which explicitly forbids harassment or abuse in the context of debt Consumers : ** Your actions, including disclosing my personal information in the context of debt collection, resemble the prohibited publication of a list of consumers who refuse to pay debts, as outlined in 1692d ( 3 ). **Advertisement for Sale of Debt : ** The manner in which you've pursued payment, including threats and coercion, could be construed as an attempt to advertise the sale of the debt, contravening 1692d ( 4 ). I have thoroughly reviewed your debt collection practices, and it has come to my attention that there are numerous violations concerning the Telephone Consumer Protection Act ( TCPA ), as stipulated in 47 U.S.C. 227. The TCPA establishes strict regulations regarding telemarketing calls, auto-dialing systems, and unsolicited facsimile advertisements, among other things. Each violation of the TCPA can result in penalties of up to {$1500.00} per violation. Upon reviewing your actions, it has become evident that you have consistently engaged in practices that run afoul of the TCPA. 2. Failure to Obtain Consent : The TCPA mandates that prior express consent must be obtained before initiating any telemarketing calls or sending unsolicited facsimile advertisements. It appears that you have not consistently obtained this required consent. 3.Lack of Opt-Out Mechanisms : The TCPA also requires that telemarketing calls provide recipients with an easy means to opt out of future communications. It is evident that your communications have not consistently included these opt-out mechanisms. 4. Calling Without Prior Consent : Your actions show that you have made numerous calls without the requisite prior consent, constituting violations of the XXXX. Given the severity of TCPA violations and the potential penalties of up to {$1500.00} per violation, it is crucial that you rectify these violations immediately. I strongly urge you to cease these practices and take corrective action promptly to avoid further consequences. I am acutely aware of the numerous violations concerning 15 U.S. Code 1666a - Billing Error Resolution that Discover has committed against me through their correspondence and billing practices. The law is explicit about the obligations of creditors, especially when an obligor has reported a billing error. These violations include : 1. Failure to Acknowledge Billing Errors Promptly : Discover has consistently failed to acknowledge billing errors promptly upon receipt of written notice. The law stipulates that creditors should acknowledge such notices within thirty days.\n\n2. Failure to Make Appropriate Corrections : Instead of making appropriate corrections in response to reported billing errors, Discover has often chosen to continue collection activities without the requisite corrections or clarification. The law mandates that creditors must correct billing errors within XXXX complete billing cycles or no later than XXXX XXXX. Lack of Transparency in Providing Documentation : When a billing error is reported, Discover has failed to provide adequate explanations, clarifications, or copies of documentary evidence as required by law. This lack of transparency infringes upon my rights as a consumer. 4. Continued Collection Efforts Despite Billing Errors : Discovers continued collection efforts following reported billing errors, without adhering to the required procedures for resolution, constitute a significant violation of this law. 5. Restricting or Closing Accounts Prematurely : The law prohibits creditors from restricting or closing accounts solely due to an obligors failure to pay the amount indicated to be in error. However, Discover has not consistently followed this mandate. 6. Failure to Forfeit Rights After Noncompliance : Discover has failed to forfeit its right to collect the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) when it does not comply with the laws requirements. Under the law, creditors may forfeit this right, and any finance charges thereon, except that the amount required to be forfeited may not exceed {$50.00}. It has come to my attention that Discover you have acted in a manner that violates the FDCPA. Specifically, these violations relate to 15 U.S. Code 1692b ( 5 ) and 15 U.S. Code 1692e ( 11 ) of the FDCPA. 15 U.S. Code 1692b ( 5 ) - Acquisition of Location Information : I have reason to believe that Discover has communicated with parties not expressly permitted under this section of the FDCPA. Such actions raise concerns about compliance with federal law and the safeguarding of my rights as a consumer. It is imperative that communications pertaining to debt collection strictly adhere to the statutory guidelines set forth in the FDCPA.\n\n15 U.S. Code 1692e ( 11 ) - False or Misleading Representations : There is also evidence that Discover has engaged in communications that are perceived to me as misrepresentations, particularly implying that certain communications were from an attorney, which may not have been the case. The FDCPA explicitly prohibits such false representations. I draw your attention to a matter of potential concern regarding the use of your corporate logo on certain correspondence sent to me, which may be a violation of the Fair Debt Collection Practices Act ( FDCPA ). In the recent correspondence received from Discover Financial Services, I have noted the prominent display of your corporate logo. While I understand the importance of branding and corporate identity, it has come to my attention that such usage on correspondence related to debt collection may contravene the provisions of the FDCPA, specifically 15 U.S. Code 1692e ( 5 ). 15 U.S. Code 1692e ( 5 ) - Use of Symbols or Language Indicating Debt Collection : This section of the FDCPA explicitly prohibits the use of any language or symbol on envelopes or within the contents of communication that indicates the debt collector is in the debt collection business or that the communication relates to the collection of a debt. The intent of this provision is to ensure that consumers are not misled or intimidated by the appearance of debt-related correspondence. The prominent use of your corporate logo on correspondence, which is unmistakably linked to the collection of a debt, raises many violation concerns about compliance with this provision of the FDCPA. It is imperative that debt collection communications adhere to the spirit and letter of the law to safeguard the rights and interests of consumers.I emphasize that my intention in bringing this matter to your attention is not merely to highlight a potential violation but also to ensure that debt collection practices are conducted ethically and in strict compliance with federal law. Attention, a matter that raises concerns regarding potential violations of the Fair Debt Collection Practices Act ( FDCPA ), specifically pertaining to 15 U.S. Code 1692e ( 11 ). 15 U.S. Code 1692e ( 11 ) - Failure to Disclose Debt Collection Status : This section of the FDCPA mandates that debt collectors must disclose, both in the initial written communication with the consumer and in the initial oral communication if the initial contact is oral, that they are attempting to collect a debt and that any information gathered during this process will be used for that purpose. Furthermore, it stipulates that in subsequent communications, it is essential to disclose that the communication is from a debt collector, except for formal pleadings made in connection with a legal action. I have received numerous communications from Discover Financial Services, which are considered attempts to collect a debt, yet these communications have consistently lacked the required disclosure that they are from a debt collector. This is a critical omission that could led to misunderstandings and violations of consumers rights under the FDCPA. It is imperative that debt collection communications fully comply with the provisions of the FDCPA to ensure transparency and protect the rights of consumers. Even if the absence of the specific phrase debt collector is argued, it remains essential that consumers are aware that the communication pertains to debt collection, as mandated by the law. This is a violation of 15 U.S. Code 1692e ( 11 ). All communications, both past and future, should unmistakably convey the nature of the communication as being related to debt collection. My intent in raising this concern is to ensure that Discover Financial Services adheres to the FDCPAs principles and provides consumers with clear, honest, and legally compliant debt collection communications. a Attention, another matter that raises concerns regarding potential violations of the Fair Debt Collection Practices Act ( FDCPA ), particularly related to 15 U.S. Code 1692f - Unfair Practices. 15 U.S. Code 1692f - Unfair Practices : This section of the FDCPA explicitly prohibits the use of unfair or unconscionable means to collect or attempt to collect any debt. It outlines several specific practices that are considered violations. Here are some of the key violations I have observed : ( XXXX ) Unauthorized Collection Amounts : I have received communications from Discover Financial Services that include claims for amounts beyond the principal debt. These additional amounts, including interest, fees, charges, or expenses, were not authorized legally. It is in violation of the FDCPA. ( XXXX XXXX XXXX XXXX XXXX : Discover Financial Services has allegedly accepted checks and other payment instruments that were postdated by more than five days. However, I was not provided with written notification of your intent to deposit these instruments as required by law. This lack of notification is seen as a violation of 15 U.S. Code 1692f ( 2 ). In your communications, Use of Language or Symbols on Envelopes : Discover Financial Services has used language or symbols on envelopes when communicating with me that do not comply with the FDCPAs guidelines. Specifically, using anything other than your address on envelopes could be considered a violation of 15 U.S. Code 1692f ( 8 ). It is essential to reiterate that adherence to the FDCPA is paramount in ensuring fair and ethical debt collection practices that protect consumers rights and interests. I am aware that under the FDCPA, each violation may incur a penalty of up to {$1000.00}. However, my primary objective is to foster compliance and ethical conduct, rather than seeking penalties. I encourage Discover Financial Services to rectify these potential violations and commit to transparent, lawful debt collection practices. 15 U.S. Code 1692g - Validation of Debts : This section of the FDCPA mandates certain actions and disclosures by debt collectors to ensure transparency and fairness in the debt collection process. It is imperative for Discover Financial Services to be in full compliance with these requirements.\n\nHere are some of the key violations I have observed : ( a ) Notice of Debt ; Contents : Discover Financial Services failed to provide the required written notice to me within five days after the initial communication in connection with the collection of the debt. The notice must include specific information such as the amount of the debt, the name of the creditor, and a statement of my rights to dispute the debt. This omission may constitute a violation of 15 U.S. Code 1692g ( a ). ( b ) Disputed Debts : Upon my written request within the thirty-day period as described in subsection ( a ), Discover Financial Services was obligated to cease collection activities related to the debt until verification of the debt or other requested information was provided. Despite my written request, collection activities persisted, which is a violation of 15 U.S. Code 1692g ( b ). Regarding the XXXX of XXXX in your correspondence. I want to bring to your attention a matter that directly affects my consumer rights. Your choice of using the word agreement, especially when communicating with me about debt collection, is a direct violation of my rights and is highly deceptive. Deceptive Terminology : Its essential to understand that using the term agreement can be misleading and deceptive, particularly when it comes to financial matters like debt collection. This is not merely an issue of semantics ; it goes to the heart of transparency and fairness in consumer dealings. Validation of Debt and Cease and Desist : Ive also previously requested validation of debt and issued a cease and desist notice. Its crucial to reiterate that upon receiving this document, all collection activities, including reporting to consumer agencies, must halt. Any continuation of these activities constitute violations of consumer protection laws. Compliance is not a choice. Regarding Admission of Liability : I want to underscore a critical point concerning the admission of liability. As per the Fair Debt Collection Practices Act ( FDCPA ), specifically 15 U.S. Code 1692g ( c ), the failure of a consumer to dispute the validity of a debt should not, under any circumstances, be construed by any court as an admission of liability by the consumer. Illegality of Default Judgments : Its imperative to understand that any attempt to obtain a default judgment under these circumstances is not only against the law but also in direct violation of my consumer rights. A default judgment in debt collection cases should not occur when a consumer has requested debt validation or issued a cease and desist notice. These legal safeguards are in place precisely to protect consumers from such practices. Compliance is Mandatory : I insist on full compliance with this aspect of consumer protection law. Failure to adhere to this principle constitutes a violation of the law and my rights. Immediate Action Required : Any attempt to obtain a default judgment in contravention of the law will be met with appropriate legal action to safeguard my rights. 15 U.S. Code 1692i - Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall 1. In the case of an action to enforce an interest in real property securing the consumers obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or 2. In the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity ( A ) In which such consumer signed the contract sued upon ; or ( B ) In which such consumer resides at the commencement of the action.\n\n( If debt collectors choose to bring legal action, by law, they would have to bring it to my jurisdiction. ) ( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors. Discover, its crucial to emphasize that, as per 15 U.S. Code 1692i, legal actions on debts should be brought in specific jurisdictions. Debt collectors should not be initiating legal actions themselves. Congress has explicitly warned against the creation of documents that might mislead consumers into believing that a party other than the creditor is involved in debt collection. Its vital to ensure that such deceptive practices are avoided.\n\nI want to remind you of the violations identified in 15 U.S. Code 1692j : ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. ( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. Please ensure that your correspondence aligns with these legal requirements. Deceptive forms can have serious consequences, and its in both parties interest to maintain transparency. \nBring your attention to the legal framework surrounding civil liability as specified in 15 U.S. Code 1692k. Its essential to understand the potential consequences of failing to comply with the provisions of the Fair Debt Collection Practices Act ( FDCPA ). This code outlines the following aspects of civil liability : Amount of Damages ( 1692k ( a ) ) : Any debt collector who fails to comply with the FDCPA may be liable to the affected person for : 1.Actual damages incurred due to the failure. 2.Additional damages as determined by the court, not exceeding {$1000.00} for individual actions or as applicable in class actions. 3.Costs of the legal action. 4. Reasonable attorneys fees. Factors Considered by Court ( 1692k ( b ) ) : The court considers various factors when determining the amount of liability, including the frequency and persistence of noncompliance, the nature of noncompliance, and whether it was intentional. Intent ( XXXX ( c ) ) : Debt collectors may not be held liable if they can demonstrate that the violation was not intentional and resulted from a bona fide error, provided they maintain procedures reasonably adapted to avoid such errors. Jurisdiction ( XXXX ( d ) ) : Actions to enforce liability can be brought in any appropriate United States district court without regard to the amount in controversy or in any other court of competent jurisdiction, within one year from the date of the violation. It is essential to comply with both the FDCPA and FTC guidelines, as they not only define ethical practices but also carry significant legal consequences for violations. Addressing a matter of utmost importance regarding documentation you have provided concerning the alleged debt associated with my account. As stipulated in Rule 1002 of the Federal Rules of Evidence, it is a fundamental requirement that an original writing, recording, or photograph is necessary to prove its content unless specified otherwise by these rules or a federal statute. This rule, designed to uphold the integrity of evidence, plays a pivotal role in ensuring the accuracy and authenticity of documents used in legal matters. Regrettably, Discovers failure to provide the original document in question pertaining to the alleged debt represents a major violation of Rule 1002 and calls into question the legitimacy of the debt and the accuracy of the information being pursued. By not adhering to this critical rule, Discover has jeopardized the credibility of its collection efforts and may have placed itself in a precarious legal position. The absence of the original document raises significant doubts regarding the validity of the debt you are attempting to collect. I must insist that Discover should have taken immediate corrective action by providing the original document as required by Rule 1002. Addressing this major violation is essential not only for compliance with legal standards but also for restoring trust and transparency in your future dealings. Failure to rectify this situation promptly will result legal actions to safeguard my rights and interests. Please consider this matter seriously, as it pertains to a major violation with potential legal consequences.- **Subject : Assumption of Risk and Your Debt Collection Practices** A matter of utmost importance concerning your debt collection practices, particularly in light of the legal doctrines of \" assumption of risk. \" Assumption of risk '' is a legal concept with deep-rooted principles, indicating that individuals who knowingly and voluntarily accept the risks of certain actions or decisions can not subsequently seek recourse for any resulting consequences. This doctrine highlights personal responsibility for one 's choices. In the context of debt collection, this concept takes on a significant meaning. By purchasing and attempting to collect debts, you willingly assume the inherent risks associated with these financial transactions. It's essential to recognize that these debts may be inherently problematic or noncollectable, and your decision to engage in this business carries with it certain responsibilities. While \" assumption of risk '' was traditionally an affirmative defense available to defendants in legal matters, it has evolved, particularly in jurisdictions like California, to include scenarios where the defendant does not owe a duty of care to the plaintiff. This means that, as a debt collector, you must consider the inherent risks in your chosen field of business.Express assumption of risk, often formalized through signed waivers, can limit your liability to the terms of such waivers, provided they are not against public policy. In essence, it becomes a contractual matter. Implied assumption of risk, on the other hand, prevents a party from recovering when they voluntarily accept the risks associated with a certain activity, and this is where your responsibilities come into play. Debt collection inherently carries risks, such as the possibility of dealing with uncollectible debts, challenging debtors, or navigating complex regulations. It's crucial to understand that you, as a debt collector, have knowledge and appreciation of these risks. In doing so, you assume the responsibility for the outcomes of your collection efforts. Whether debts are collectible or not, it is your obligation to act in compliance with the law and to treat debtors fairly and ethically. While the legal landscape surrounding \" assumption of risk '' may have evolved, your responsibilities as a debt collector have not changed. You must uphold ethical standards, adhere to the Fair Debt Collection Practices Act ( FDCPA ), and act within the boundaries of the law. Failure to do so could expose you to significant legal consequences, including potential violations of the FDCPA, which carries its penalties and liabilities. Attention to a critical legal statute, 18 U.S. Code 1341, which pertains to Frauds and Swindles. This statute outlines severe penalties for individuals or entities that engage in schemes to defraud, obtain money or property through false pretenses, or employ fraudulent representations or promises. Specifically, the statute states : Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promisesplaces in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Serviceshall be fined under this title or imprisoned not more than 20 years, or both. The implications of this statute are profound and far-reaching, and it underscores the importance of conducting business activities with the utmost integrity and transparency. Any actions that can be construed as fraudulent or deceptive can result in severe legal consequences, including significant fines and imprisonment. In the context of your debt collection practices, it is imperative to adhere to the highest ethical and legal standards. Deceptive practices, false representations, or any actions that may be interpreted as fraudulent must be avoided at all costs.\n\nMoreover, I would like to emphasize that this statute carries even more severe penalties if the violation relates to a presidentially declared major disaster or emergency, or if it affects a financial institution. In such cases, the potential fines and imprisonment terms can be exceptionally high. The U.S. Code, specifically 18 U.S. Code 1028A, addresses the grave offense of Aggravated Identity Theft. This law aims to protect individuals from the malicious use of their personal information and identity for fraudulent purposes. It is a matter of utmost significance, as identity theft can lead to severe financial and emotional distress for the victims involved.I have reason to believe that my personal information has been mishandled, leading to many concerns about my privacy and the security of my identity. I take these matters very seriously. My primary objective is to ensure that my personal information remains secure, and Ive also noted violations of 18 U.S. Code 1028A. I believe it is essential to discuss these issues in detail to ensure a full understanding of the situation. As a responsible consumer, I have always upheld the importance of maintaining a clean and accurate credit history. However, recent events have led me to question the practices employed by Discover in managing my credit information, specifically in connection with Unwritten Permissible Purpose. The Fair Credit Reporting Act ( FCRA ) outlines specific guidelines and regulations governing how consumer credit information is collected, reported, and used by creditors, including Discover. One crucial aspect of the FCRA is the requirement for creditors to have a permissible purpose to access a consumers credit report. It has come to my attention that Discover may have been engaged in a practice known as Unwritten Permissible Purpose. This practice involves accessing a consumers credit report without a clearly defined or legitimate reason, which raises significant concerns about the privacy and security of my personal information. I firmly believe that consumers have the right to protect their sensitive financial information from unwarranted intrusion. As a diligent and responsible consumer, I have taken every precaution to safeguard my credit history, and it is disconcerting to encounter practices that appear to circumvent the FCRAs safeguards. Furthermore, it has come to my attention that Discover conducted a soft pull on my credit account when I initiated the process of filing claims. This action raises additional concerns about the privacy and security of my financial information, as it was performed outside the context of permissible purposes under the FCRA. Discovers actions in this regard may potentially violate the FCRA, and it is essential to address this issue comprehensively. I have serious reservations about the unauthorized access to my credit information and the implications it may have on my financial privacy. specifically concerning tax reporting and potential violations that have come to my attention. Recent events have led me to question the practices employed by Discover in managing my credit information, particularly regarding the reporting of charged-off debts and tax-related matters. A charged-off debt typically signifies that a creditor has deemed the debt as uncollectible and, in most cases, a tax break for the loss. It is essential for consumers to be aware of the financial implications of a charged-off debt, including the obligation to report it as gross income when necessary. When a debt is charged off, consumers have the right to request a Form 1099-C, known as the Cancellation of Debt form, from the creditor. This form is vital for tax purposes, as it ensures that any canceled debt is properly reported as income to the IRS. Filing the 1099-C is not only a legal obligation but also a means for consumers to maintain accurate records of their financial transactions. The filing of the 1099-C fundamentally changes the status of the debt from a bad debt to income. It demonstrates that the consumer has fulfilled their obligation by reporting the canceled debt as income during tax filings. This critical step ensures transparency and compliance with tax regulations. It has come to my attention that Discover may not be providing consumers with the necessary Form 1099-C upon the charge-off of a debt. This practice raises serious concerns about compliance with tax reporting regulations and may potentially constitute tax fraud. As a consumer, I am deeply troubled by the failure to provide essential tax documentation. If Discover fails to provide consumers with their Form 1099-C when required, it jeopardizes not only the consumers financial records but also the creditors reporting obligations to the IRS. This situation is further exacerbated when a charged-off debt is inaccurately reported as a collection item, creating an erroneous representation of the consumers credit status. I want to emphasize the significance of this issue and the potential consequences for both consumers and creditors. When debts are reported as charged off, Discover should ensure that the associated Form 1099-C is provided promptly. Failure to do so could lead to tax-related problems for consumers and potential regulatory issues for Discover. Additionally, I urge Discover to promptly correct the inaccurate reporting of charged-off debts as collectors items, as this misrepresentation can adversely affect a consumers creditworthiness and create unnecessary challenges. I believe in the importance of transparency, accuracy, and compliance in financial matters, this matter is of significant importance to me, as it pertains to both my financial well-being and my confidence. I insist that Discover immediately removes the alleged debt from my credit report and ceases any further reporting related to this matter on my consumer report.","date_sent_to_company":"2023-09-02T09:57:30.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32566","tags":null,"has_narrative":true,"complaint_id":"7490965","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"DISCOVER BANK","date_received":"2023-09-02T09:24:51.000Z","state":"FL","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["This section is of great significance, and I believe its crucial that Discover <em>understands</em> its implications. 15 U.S."]},"sort":[5.534129,"7490965"]},{"_index":"complaint-public-v1","_id":"9005209","_score":5.331133,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"15 U.S.Code 1693 ( a ) ( 6 ) 1693a ( 6 ) - the term consumer means a natural person 15 U.S.Code 1692 ( a ) 1692 ( a ) - Consumer has a right to privacy.\n\n15 U.S.Code 1692a ( 4 ) 1692a ( 4 ) - creditor, [ Proves Consumer as the original creditor ] as the consumer answers the question who created the debt? Creditor means ANY person who offers or extends credit, creating a debt or to whom a debt is owed. Also excludes alleged creditors because it does not include any person who receives an assignment. \n\n\n\n15 U.S.Code 1692a ( 7 ) 1692a ( 7 ) - Location information includes telephone number, place of abode, place of employment. This is private remove it 15 U.S.Code 1692c ( c ) 15 USC 1692c ( c ) 1692c ( c ) Legal refusal to pay debt. Cease and Desist. \n\nOnly communication allowed is ; XXXX. Debt collector states all termination to collect are terminated ; XXXX. Allows consumer to invoke their status of creditor to receive their specified remedy ; XXXX. Allows for the notification of the intention to invoke specified remedy. XXXX. If the notice is delivered by mail the cease and desist is started upon the receipt of when the mail is sent. \n\n\n\n15 U.S.Code 1692c ( d ) 1692c ( d ) - Allows for the invoked status of administrator, executor, and as age or majority, parent can execute over the minor. The minor would be the corporation of your own birth certificate and opposing debt collector. This would also allow for your claim of stating the debt collector has no legal standing as they are in fact a minor in law. \n\n\n\n15 U.S.Code 1692e ( 2 ) 1692e ( 2 ) ( A ) - false character, amount, or legal status of any debt. - AKA if your amount is shown in the positive it is a false and misrepresentation. If the balance was owed in a bank account it would be shown in the negative. This amount is shown positively. How can a person pay on a positive amount? \n\n\n\n15 U.S.Code 1692e ( 10 ) 1692e ( 10 ) - anything you deem false and deceptive with evidence.\n\n15 U.S.Code 1692e ( 12 ) 1692e ( 12 ) - the assignee clause which makes the 3rd party debt collector and the one who assigns the debt liable. \n\n\n\n15 U.S.Code 1692g ( b ) 1692g ( b ) - If you dispute the debt in writing, they can not continue to report the debt until the dispute is over as the communication must stop. If not this is a violation.\n\n15 U.S.Code 1692h 1692h Give me all of my COINS back.I want all of my money Notice, In accordance with 15 U.S.Code 1692h I, the consumer and affiant in fact, give, with my written instruction, direction for to redirect all prior payments, and all current payments to rectify the matters herein, to me 15 U.S.Code 1692j 1692j - False and deceptive forms. A form which is made to believe the debt has something to do with you or you are obligated and you are not, is false and deceptive. Fraud found in a form is a false and deceptive form and a violation of this act. For example if you go and get a car after a consumer credit transaction, you went for a car and gave credit. Companies are known to make whats called asset accounts. You never went to have an account made, this is a false and deceptive form because they never disclose this account being made. This includes statements which falsely accuses you of owing a debt. The delivery of these forms via mail constitutes mail fraud. However this subsection would not be used from inception of a contract, only after when an alleged debt is in the process of being collected and there is fraud found. \n\n\n\n15 U.S.Code XXXX ( a ) ( XXXX ) XXXX ( a ) ( XXXX ) - Allows for any action of damage. \n\n\n\n15 U.S.Code XXXX ( a ) ( XXXX ) ( A ) XXXX ( a ) ( XXXX ) ( A ) - XXXX dollars for each proceeding. To get a XXXX dollars per violation, you will use XXXX dollars as actual damage under 15 U.S.Code XXXX ( a ) ( XXXX ) XXXX U.S.Code XXXX ( a ) ( XXXX ) ( B ) XXXX ( a ) ( XXXX ) ( B ) -If you win a civil suit and file a class action, you can obtain up to XXXX or 1 % of the company. \n\n\n\n15 U.S.Code XXXX ( d ) XXXX ( d ) - you can invoke your jurisdiction. And as the administrator, or judge, and the creditor under 1692c ( d ) and you can administer judgement as the administrator. You are the secured party right? \n\n\n\n15 U.S.Code 1681 ( b ) 1681 ( b ) - CRAs must follow reasonable procedures. Must be fair and equitable to the consumer. \n\n\n\n15U.S.Code1681 ( a ) ( 4 ) 1681 ( a ) ( 4 ) - Consumers right to privacy Notice, I, the affiant, a consumer has the right to privacy pursuant to 15 U.S.Code 1681 ( a ) ( 4 ). has violated my right to privacy by furnishing private information about me without any lawful authority or my written consent. \n\n\n\n15 U.S.Code 1681a ( f ) 1681a ( f ) - Consumer reporting agencies - Examples are XXXX, XXXX, Equifax. However there are over 300+ agencies who collect, house , and sell your information. Any person who produces a consumer report would be a CRA. \n\n\n\n\n\n15 U.S.Code 1681a ( 2 ) ( A ) ( iii ) 1681a ( 2 ) ( A ) ( iii ) - The consumer must be given a chance to direct the information whether they want the information about a transaction they had to be reported or not. This is referenced in the Gramm Leach Bliley Act 15 U.S.Code 1681a ( 2 ) ( B ) 1681a ( 2 ) ( B ) - if a transaction was authorized by your social security card, the real credit card first defined, understand the Truth in Lending Act, this transaction must be excluded from your consumer report. \n\n\n\n15 U.S.Code 1681a ( e ) 1681a ( e ) - investigated reports must have sources of interviews of family and friends, and the results can not contain factual information.\n\n15 U.S.Code 1681a ( g ) 1681a ( g ) - The consumer File, includes the full file of a consumers collected information and the sources of that information. \n\n\n\n15 U.S.Code 1681a ( i ) ( 2 ) 1681a ( i ) ( 2 ) - medical information can not be included - age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy. In other words not a single piece of medical information should be on your report 15 U.S.Code 1681a ( q ) ( 3 ) 1681a ( q ) ( 3 ) - Identity Theft definition, similar to REG V 12 CFR 1022.3 Notice, affiant is aware the term identity theft as described in 15 U.S.Code 1681a ( q ) ( 3 ) and Regulation V 12 CFR 1022.3 is a fraud committed or attempted using the identifying information of another person without authority.If you never expressed permissions, which means its written down, then it shouldnt be on your report 15 U.S.Code 1681b ( a ) ( 2 ) 1681b ( a ) ( 2 ) - CRAs need written instruction to make a consumer report by the consumer Credit Reporting Agency ( CRA ) 15 U.S.Code 1681b ( c ) ( 1 ) ( A ) 1681b ( c ) ( 1 ) ( A ) - This is an inquiry that gets reported onto your consumer report. Some times CRAs will try to say that1681b only refers to inquires, here is a snap back, you cant be afraid to fight back! \n\nNotice, affiant is aware, section 15 U.S.Code 1681b, permissible purposes does not only refer to inquires. Inquiries fall under only one subsection under the Fair Credit Reporting Act, Title 15 U.S.Code 1681 ( c ) ( 1 ) ( A ) and does not make up the entire section of 15 U.S.Code 1681b. The presumption which states 1681b only refers to inquires is false and misleading.\n\n15 U.S.Code 1681b ( c ) ( 1 ) ( A ) ( B ) ( i ) ( 3 ) 1681b ( c ) ( 1 ) ( A ) ( B ) ( i ) ( 3 ) - Unauthorized inquiries 15 U.S.Code 1681e ( a ) 1681e ( a ) - reasonable procedures must be maintained to avoid violations of 1681b and 1681c 15 U.S.Code 1681e ( b ) 1681e ( b ) - must maintain maximum possible accuracy. \n\n\n\n15 U.S.Code 1681g 1681g - Request for a full file disclosure and the sources of its Information 15 U.S.Code 1681g ( f ) ( 2 ) ( A ) ( i ) 1681g ( f ) ( 2 ) ( A ) ( i ) - Credit score is a risk score.\n\nNotice affiant is aware, a credit score is a risk score pursuant to 15 U.S. Code 1681g ( f ) ( 2 ) ( A ) ( i ). Like other risk scores, a credit score is a calculated score that tells you how severe a risk is, based on several factors to predict the likelihood of certain credit behaviors such as default.\n\n15 U.S.Code 1681i ( 7 ) 1681i ( 7 ) - Method of Verification I demand to know the method used to verify this information. If a description of the method used to verify this information can not be provided, information associated with must be removed 15 U.S.Code 1681i ( 6 ) ( A ) 1681i ( 6 ) ( A ) - failed demand to comply or failure to comply 15 U.S.Code 1681i ( 5 ) ( A ) ( i ) 1681i ( 5 ) ( A ) ( i )- If 30 days have past information has not been verified within that time of reinvestigation, the information must be deleted. \n\n\n\n15 U.S.Code 1681n ( a ) ( 1 ) ( A ) 1681n ( a ) ( 1 ) ( A ) - willful failure to comply with any requirement under the FCRA is damages up to {$15.00} U.S.Code 1681n ( a ) ( 1 ) ( A ) 1681n ( a ) ( 1 ) ( A ) - Unauthorized Inquiries hold civil liability up to the amount of {$1000.00} or the actual damage as the cause of this failure, whatever is greater. \n\n\n\n15 U.S. Code 1681o ( a ) ( 1 ) - For negligent noncompliance, or in other words, failure to comply even though they should have known they must comply, is equal to the sum of action damages.\n\nThe law is public information acting like they didnt know is no excuse to violate you or the law 15 U.S. Code 1681q 1681q - Any person which includes a consumer reporting agency who willfully and knowingly obtains INFORMATION on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18U.S.Code 3571 15 U.S.Code 1681s-2 ( 7 ) ( E ) 1681s-2 ( 7 ) ( A ) ( E ) - This is a snap back to a company who states they are required to report 100 % accurate information. They misconstrue the law to state they are required to report accurate information but this does not mean the must report negative information. This is not a requirement of the FCRA. This is false and misleading and a violation of 1681s-2 ( 7 ) ( E ) 15 U.S.Code 1602 ( e ) 1602 ( e ) The term person means a natural person or an organization.\n\nNotice, affiant is aware, a person as defined under the Truth in Lending Act as a natural person or an organization, and organization can be a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association as defined under the Truth in Lending Act, 15 U.S.Code 1602 ( e ) 15 U.S.Code 1602 ( f ) 15 USC 1602 ( f ) Notice, affiant is aware, the term credit means the right granted by I, the original creditor, to a debtor to defer payment of the debt or to incur debt or a loan from the US Treasury and defer its payment.\n\nThis makes { COMPANY NAME } a borrower or solicitor who induced me to the treasury window to receive funds unbeknownst to I, at the time of the transaction. I, the affiant, came to extend credit as shown in exhibit ( -- ) and not receive a loan from the U.S. treasury. The contract I received, as a result, was an unsolicited advertisement described in 48 U.S.C 227 ( a ) ( 5 ) by { COMPANY NAME } and lack of willful full disclosure was the fraud of execution in conjunction with fraud of inducement brought forth by { COMPANY NAME }. \n\n\n\n15 U.S. Code 1602 ( g ) 1602 ( g ) The term creditor refers only to a person, natural person, who regularly extends credit and is the person to whom the debt arising from thus we created the debt, and the consumer credit transaction is initially payable on the face of the evidence of indebtedness, or a contract. \n\n\n\n15 U.S.Code 1602 ( i ) 1602 ( i ) - a consumer in connection with a consumer credit transaction, refers to natural person who extends credit to obtain goods, money or services are primarily for personal, family, or household purposes. \n\n\n\n15 U.S.Code 1602 ( j ) 1602 ( j ) - A credit card from a bank such as XXXX are actually called open-ended consumer credit plans. Installment loans also fit under this category as well. \n\nin accordance with 15 U.S.Code 1602 ( j ) which contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time. \n\n\n\n15 U.S.Code 1602 ( l ) 1602 ( l ) The term credit card means any card, which includes examples such as an EBT card or social security card, license plate, checkbook or remittance slip. \n\n\n\n\n\n15 U.S.Code 1602 ( p ) 1602 ( p ) The term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. \n\n\n\n15 U.S.Code 1602 ( v ) 1602 ( v ) - material disclosures require 8 different requirements and 9 disclosures are required if it is a mortgage contract. \n\nXXXX the annual percentage rate, XXXX the method of determining the finance charge XXXX the balance upon which a finance charge will be imposed, XXXX the amount of the finance charge, XXXX the amount to be financed, XXXX the total of payments, XXXX the number and amount of payments, XXXX the due dates or periods of payments scheduled to repay the indebtedness, XXXX disclosures required by section XXXX ( a ) of this title. ( Mortgage Disclosure ) Notice, affiant is aware, in accordance to the regulations of the Bureau, there are eight required material disclosures which should be clear and conscious, bolded with ten point font and sectioned off in boxes within each consumer credit contract ; nine material disclosures are required if it is a mortgage contract. As shown in EXHIBIT ( -- ), the contract provided did not meet the full criteria of the material disclosures in accordance with 15 U.S.Code 1602 ( v ) required by the Truth in Lending Act and is in violation of 15 U.S.Code 1602 ( v ). \n\n\n\n15 U.S.Code 1605 ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, ( b ) does not include charges of a type payable in a comparable cash transaction. \n\nthe finance charge includes any of the following types of charges which are applicable : ( XXXX ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges. \n\n( XXXX ) Service or carrying charge. \n\n( XXXX ) Loan fee, finders fee, or similar charge. \n\n( XXXX ) Fee for an investigation or credit report. \n\n( XXXX ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or fees paid directly to the broker or the lender ( XXXX ) fees ( for delivery to the broker ) whether such fees are paid in cash or financed. \n\n( XXXX ) Life, accident, or health insurance premiums included in finance charge Charges or premiums for credit life, accident, or health insurance written in connection with any consumer credit transaction shall be included in the finance charges ( XXXX ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property. Meaning all debts with a finance charge comes with insurance in case of default. \n\n\n\n15U.S.Code1605 ( a ) ( b ) 1605 ( a ) ( b ) - Insurance, interest, services, deliver fees, loan fees, broker fees, fee to cover defaults, are all included in the finance charge. \n\n\n\n15 U.S.Code 1605 ( a ) 1605 ( a ) No down payments or any cash in connection with a finance charge. \n\n\n\n15 U.S. Code 1611 ( 1 ) ; ( 3 ) Whoever willfully and knowingly ( XXXX ) gives false or inaccurate information or fails to provide information which he is required to disclose under the under TILA and every \" regulation '' or consumer law after, and since TILA is the first law it's all of consumer credit protection, or ( XXXX ) if companies fails to comply with any requirement imposed under TILA shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. \n\n\n\n15 U.S. Code 1635 Revoking power of attorney. \n\nNotice, affiant is invoking it's right of rescission in accordance with 15 U.S.Code 1635 and UCC XXXX XXXX to rescind any power of attorney which may have been used in connection with this transaction which includes any derivative, hypothecation, trades, transfers of possession, whether voluntary or involuntary involving any and every instrument which may have occurred unbeknownst to me. I was not given full disclosure of any such power of attorney until discovery of its potential existence and demand a full revocation of such document ( XXXX ) ; nunc pro tunc.! If you have one give them yours as well 15 U.S. Code 1635 - arbitration clause Notice, affiant is aware, upon discovery, this contract has been a one sided agreement which I was never disclosed the second signature by an authorized party, head of agency or registered agent .The appropriate \" meeting of the minds '' has never occurred in connection with this contract. Being the only party to sign this contract without full willful disclosure I invoke and reserve my right to revoke the arbitration clause in connection with this contract and for any transfer, trade, hypothecation, whether voluntary or involuntary involving any and every instrument which may have occurred unbeknownst to me ; Nunc pro tunc. \n\n\n\n15 U.S. Code 1637 ( b ) ( 2 ) ( A ) 1637 ( b ) ( 2 ) ( A ) - Creditor must provide documentary evidence upon request to verify a billing error otherwise there is a violation of 15 U.S.Code 1666b Notice, affiant is aware, documentary evidence pursuant to 15 U.S.Code 44 includes all documents, papers, correspondence, books of account, and financial and corporate records which involve all derives, assignees, hypothecations in connection with my all caps name. I require this clarification in order to address the billing error for the amount shown in this statement in Exhibit ( -- ). I need to clarify who funded the account and how much is owed according to the journal and ledger entries from the date of open of this account as described in IRS Publication XXXX. I am giving formal notice of this billing error until I receive all documentary evidence. Until this documentary evidence has been received this billing error is a violation of 15 U.S.Code 1666b 15 U.S.Code 1640 ( a ) 1640 ( a ) - For each violation of TILA is double the finance charge when it comes to consumer credit transactions. This doesn't mean if you find multiple TILA violations there is only double the finance charge one time. Each violation is double the finance charge. In a lease each violation is XXXX dollars. If there is no security interest its XXXX per violation or higher depending on a pattern of failures aka R.I.C.O. charges. \n\n\n\n15 U.S.Code 1640 ( B ) if there is a class action then the violation can be XXXX or 1 % of the net worth of the creditor. \n\n\n\n15 U.S.Code 1644 ( a ) 1644 ( a ) - Fraudulent authorized use of a credit card such as a license plate, social security card, EBT card etc, can result up to a XXXX fine. \n\n\n\n15 U.S. Code 1662 ( b ) 1662 ( b ) - It is illegal to require any downpayment in connection with a consumer credit transaction 15 U.S.Code 1666 ( b ) ( 2 ) 1666 ( b ) ( 2 ) - Billing errors caused by not providing documentary evidence as defined as 15 U.S.Code 44. \n\n\n\n15 U.S. Code 1666a 1666a ( a ) Creditor can not report information to any third party if there is a billing error dispute until the dispute is over 15 U.S.Code 1666 ( e ) 1666 ( e ) - if the creditor does not provide all documentary evidence as defined under 15 U.S.Code 44 this will result in a billing error and the creditor forfeits all rights to collect on the amount the person has identified in dispute. If the person gets the final payout statement amount and states the amount is a billing error then the entire amount would not be able to be collected on. \n\n\n\n12 C.F.R. 1026.13 ( d ) ( 1 ) - enforcing the billing error, and restrictions from a company.\n\nNotice, affiant is aware, as the creditor may not collect any disputed amount, I the consumer and affiant, does not need to pay, the creditor can not restrict, accelerate payment or close an account and or make or threaten any adverse reporting to any person about the consumer 's credit standing without resolving the billing error. Such actions by will forfeit its rights to collect the disputed amount as described in 15 U.S.Code 1666 ( e ) and hold the creditor liable under 15 U.S.Code 1693m for the actual damage caused to I, the affiant, as well as held to criminal liability pursuant to 15 U.S.Code 1693n for failing to require documentary evidence as requested to clarify and revolve the previously addressed billing error 15 U.S. Code 1666d 1666d - If there is a balance of credit or insurance of the account in connection to a consumer credit transaction with a surplus over XXXX dollar, this account should be credited in the amount of the credit balance, upon request, the remaining balance of the amount should be refunded to the consumer, by cash, check, or money order. The amount can not be known without knowing the journal and ledger entires of the account from the date of account opening as described in Publication IRS 583. \n\nMake sure to tell them if you want it in cash check or money order and where to send it too 15 U.S. Code 1691 1691 ( a ) ( 3 ) - it is unlawful to discriminate in any aspect against anyone who exercised their right in good faith. Credit is the right granted under title 1602 ( f ) ... ( think about it ) 15 U.S. Code 6802 ( b ) ( a ) ( A ) ( B ) ( C ) - The right to opt out, the right to have the information clearly and conspicuously disclosed and consumers directing that information not to be disclosed and explanation to how to opt out of reporting. \n\n\n\n16 C.F.R. 433.1 ( d ) Purchase money loan NoticeI the affiant has reason to believe and do so believe a purchase money loan, cash advance was given as the creditor from the U.S. Treasury for a finance charge and the consumer credit was to be forwarded to the consumer or natural person, I the affiant, in this transaction for household, goods, and services in exchange for disclosed, limited and authorized use of the negotiable instrument, social security number or credit card and signature I have provided, which are all properties which belong to I, the affiant, so be it I, living name, agent for principal XXXX XXXX and affiant, I am a federally protected consumer, holder in due course, attorney in fact, for any and all derivatives thereof for the surname/given name and I have been appointed and accept being the executor both public and private for all matters proceeding, and I hereby claim that I I will autograph for my given name, XXXX XXXX and as the agent and administrator in fact. \n\n\n\nCongress finds there is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. \n\nUpon review of my credit report, I have notice you are reporting several inaccurate information. You have a duty pursuant to the FCRA to report accurate and fair information. In accordance with the Fair Credit Reporting act company name, has violated my rights. I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions. \n\n\n\nThe Consumer Credit Report, Pursuant to title 15 1681 ( a ) ( 2 ) exclusions ( 2 ) Exclusions.Except as provided in paragraph ( XXXX ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Late Payments Entries Identified On The Consumer Report Are A Violation Of My Rights As Consumer This includes charge offs and collections XXXXXXXX XXXX XXXX ACCOUNT NUMBER XXXX DATE XX/XX/XXXX XXXX XXXX  ACCOUNT NUMBER XXXX DATE XX/XX/XXXX XXXXXXXX XXXX XXXX  ACCOUNT NUMBER XXXX XXXX XX/XX/XXXX The following address needs to be removed immediately. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX The following employer need to be immediately removed. \n\nXXXX. XXXXXXXX XXXX XXXX XXXX The following inquiries need to be immediately removed. \n\nXXXX. XXXX XXXX XXXX. XXXX XXXX. XXXX XXXX XXXX. XXXX I believe these unauthorized inquiries violate the provisions outlined in Title 15 USC 1681, as I have not applied for credit or sought any services from the aforementioned creditors, and therefore, these inquiries are not valid or authorized. As a consumer, it is my right to have accurate and up-to-date information in my credit report, and unauthorized inquiries can negatively impact my creditworthiness and financial opportunities.","date_sent_to_company":"2024-05-14T17:13:36.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"60510","tags":null,"has_narrative":true,"complaint_id":"9005209","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-05-14T17:13:33.000Z","state":"IL","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["of the ownership or use of <em>property</em>."]},"sort":[5.331133,"9005209"]},{"_index":"complaint-public-v1","_id":"9005208","_score":5.320841,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"15 U.S.Code 1693 ( a ) ( 6 ) 1693a ( 6 ) - the term consumer means a natural person 15 U.S.Code 1692 ( a ) 1692 ( a ) - Consumer has a right to privacy. \n\n\n\n15 U.S.Code 1692a ( 4 ) 1692a ( 4 ) - creditor, [ Proves Consumer as the original creditor ] as the consumer answers the question who created the debt? Creditor means ANY person who offers or extends credit, creating a debt or to whom a debt is owed. Also excludes alleged creditors because it does not include any person who receives an assignment. \n\n\n\n15 U.S.Code 1692a ( 7 ) 1692a ( 7 ) - Location information includes telephone number, place of abode, place of employment. This is private remove it 15 U.S.Code 1692c ( c ) 15 USC 1692c ( c ) 1692c ( c ) Legal refusal to pay debt. Cease and Desist. \n\nOnly communication allowed is ; XXXX. Debt collector states all termination to collect are terminated ; XXXX. Allows consumer to invoke their status of creditor to receive their specified remedy ; XXXX. Allows for the notification of the intention to invoke specified remedy. XXXX. If the notice is delivered by mail the cease and desist is started upon the receipt of when the mail is sent. \n\n\n\n15 U.S.Code 1692c ( d ) 1692c ( d ) - Allows for the invoked status of administrator, executor, and as age or majority, parent can execute over the minor. The minor would be the corporation of your own birth certificate and opposing debt collector. This would also allow for your claim of stating the debt collector has no legal standing as they are in fact a minor in law. \n\n\n\n15 U.S.Code 1692e ( 2 ) 1692e ( 2 ) ( A ) - false character, amount, or legal status of any debt. - AKA if your amount is shown in the positive it is a false and misrepresentation. If the balance was owed in a bank account it would be shown in the negative. This amount is shown positively. How can a person pay on a positive amount? \n\n\n\n15 U.S.Code 1692e ( 10 ) 1692e ( 10 ) - anything you deem false and deceptive with evidence.\n\n15 U.S.Code 1692e ( 12 ) 1692e ( 12 ) - the assignee clause which makes the 3rd party debt collector and the one who assigns the debt liable. \n\n\n\n15 U.S.Code 1692g ( b ) 1692g ( b ) - If you dispute the debt in writing, they can not continue to report the debt until the dispute is over as the communication must stop. If not this is a violation. \n\n\n\n15 U.S.Code 1692h 1692h Give me all of my COINS back.I want all of my money Notice, In accordance with 15 U.S.Code 1692h I, the consumer and affiant in fact, give, with my written instruction, direction for to redirect all prior payments, and all current payments to rectify the matters herein, to me 15 U.S.Code 1692j 1692j - False and deceptive forms. A form which is made to believe the debt has something to do with you or you are obligated and you are not, is false and deceptive. Fraud found in a form is a false and deceptive form and a violation of this act. For example if you go and get a car after a consumer credit transaction, you went for a car and gave credit. Companies are known to make whats called asset accounts. You never went to have an account made, this is a false and deceptive form because they never disclose this account being made. This includes statements which falsely accuses you of owing a debt. The delivery of these forms via mail constitutes mail fraud. However this subsection would not be used from inception of a contract, only after when an alleged debt is in the process of being collected and there is fraud found. \n\n\n\n15 U.S.Code XXXX ( a ) ( XXXX ) XXXX ( a ) ( XXXX ) - Allows for any action of damage. \n\n\n\n15 U.S.Code XXXX ( a ) ( XXXX ) ( A ) XXXX ( a ) ( XXXX ) ( A ) - XXXX dollars for each proceeding. To get a XXXX dollars per violation, you will use XXXX dollars as actual damage under 15 U.S.Code XXXX ( a ) ( XXXX ) 15 U.S.Code XXXX ( a ) ( XXXX ) ( B ) XXXX ( a ) ( XXXX ) ( B ) -If you win a civil suit and file a class action, you can obtain up to XXXX or 1 % of the company. \n\n\n\n15 U.S.Code XXXX ( d ) XXXX ( d ) - you can invoke your jurisdiction. And as the administrator, or judge, and the creditor under 1692c ( d ) and you can administer judgement as the administrator. You are the secured party right? \n\n\n\n15 U.S.Code 1681 ( b ) 1681 ( b ) - CRAs must follow reasonable procedures. Must be fair and equitable to the consumer. \n\n\n\n15U.S.Code1681 ( a ) ( 4 ) 1681 ( a ) ( 4 ) - Consumers right to privacy Notice, I, the affiant, a consumer has the right to privacy pursuant to 15 U.S.Code 1681 ( a ) ( 4 ). has violated my right to privacy by furnishing private information about me without any lawful authority or my written consent. \n\n\n\n15 U.S.Code 1681a ( f ) 1681a ( f ) - Consumer reporting agencies - Examples are Experian, XXXX, XXXX. However there are over 300+ agencies who collect, house , and sell your information. Any person who produces a consumer report would be a CRA. \n\n\n\n\n\n15 U.S.Code 1681a ( 2 ) ( A ) ( iii ) 1681a ( 2 ) ( A ) ( iii ) - The consumer must be given a chance to direct the information whether they want the information about a transaction they had to be reported or not. This is referenced in the Gramm Leach Bliley Act 15 U.S.Code 1681a ( 2 ) ( B ) 1681a ( 2 ) ( B ) - if a transaction was authorized by your social security card, the real credit card first defined, understand the Truth in Lending Act, this transaction must be excluded from your consumer report. \n\n\n\n15 U.S.Code 1681a ( e ) 1681a ( e ) - investigated reports must have sources of interviews of family and friends, and the results can not contain factual information.\n\n15 U.S.Code 1681a ( g ) 1681a ( g ) - The consumer File, includes the full file of a consumers collected information and the sources of that information. \n\n\n\n15 U.S.Code 1681a ( i ) ( 2 ) 1681a ( i ) ( 2 ) - medical information can not be included - age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy. In other words not a single piece of medical information should be on your report 15 U.S.Code 1681a ( q ) ( 3 ) 1681a ( q ) ( 3 ) - Identity Theft definition, similar to REG V 12 CFR 1022.3 Notice, affiant is aware the term identity theft as described in 15 U.S.Code 1681a ( q ) ( 3 ) and Regulation V 12 CFR 1022.3 is a fraud committed or attempted using the identifying information of another person without authority.If you never expressed permissions, which means its written down, then it shouldnt be on your report 15 U.S.Code 1681b ( a ) ( 2 ) 1681b ( a ) ( 2 ) - CRAs need written instruction to make a consumer report by the consumer Credit Reporting Agency ( CRA ) 15 U.S.Code 1681b ( c ) ( 1 ) ( A ) 1681b ( c ) ( 1 ) ( A ) - This is an inquiry that gets reported onto your consumer report. Some times CRAs will try to say that1681b only refers to inquires, here is a snap back, you cant be afraid to fight back! \n\nNotice, affiant is aware, section 15 U.S.Code 1681b, permissible purposes does not only refer to inquires. Inquiries fall under only one subsection under the Fair Credit Reporting Act, Title 15 U.S.Code 1681 ( c ) ( 1 ) ( A ) and does not make up the entire section of 15 U.S.Code 1681b. The presumption which states 1681b only refers to inquires is false and misleading. \n\n\n\n15 U.S.Code 1681b ( c ) ( 1 ) ( A ) ( B ) ( i ) ( 3 ) 1681b ( c ) ( 1 ) ( A ) ( B ) ( i ) ( 3 ) - Unauthorized inquiries 15 U.S.Code 1681e ( a ) 1681e ( a ) - reasonable procedures must be maintained to avoid violations of 1681b and 1681c 15 U.S.Code 1681e ( b ) 1681e ( b ) - must maintain maximum possible accuracy. \n\n\n\n15 U.S.Code 1681g 1681g - Request for a full file disclosure and the sources of its Information 15 U.S.Code 1681g ( f ) ( 2 ) ( A ) ( i ) 1681g ( f ) ( 2 ) ( A ) ( i ) - Credit score is a risk score. \n\nNotice affiant is aware, a XXXXredit score is a risk score pursuant to 15 U.S. Code 1681g ( f ) ( 2 ) ( A ) ( i ). Like other risk scores, a credit score is a calculated score that tells you how severe a risk is, based on several factors to predict the likelihood of certain credit behaviors such as default. \n\n\n\n15 U.S.Code 1681i ( 7 ) 1681i ( 7 ) - Method of Verification I demand to know the method used to verify this information. If a description of the method used to verify this information can not be provided, information associated with must be removed 15 U.S.Code 1681i ( 6 ) ( A ) 1681i ( 6 ) ( A ) - failed demand to comply or failure to comply 15 U.S.Code 1681i ( 5 ) ( A ) ( i ) 1681i ( 5 ) ( A ) ( i )- If 30 days have past information has not been verified within that time of reinvestigation, the information must be deleted. \n\n\n\n15 U.S.Code 1681n ( a ) ( 1 ) ( A ) 1681n ( a ) ( 1 ) ( A ) - willful failure to comply with any requirement under the FCRA is damages up to {$15.00} U.S.Code 1681n ( a ) ( 1 ) ( A ) 1681n ( a ) ( 1 ) ( A ) - Unauthorized Inquiries hold civil liability up to the amount of {$1000.00} or the actual damage as the cause of this failure, whatever is greater. \n\n\n\n15 U.S. Code 1681o ( a ) ( 1 ) - For negligent noncompliance, or in other words, failure to comply even though they should have known they must comply, is equal to the sum of action damages.\n\nThe law is public information acting like they didnt know is no excuse to violate you or the law 15 U.S. Code 1681q 1681q - Any person which includes a consumer reporting agency who willfully and knowingly obtains INFORMATION on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18U.S.Code 3571 15 U.S.Code 1681s-2 ( 7 ) ( E ) 1681s-2 ( 7 ) ( A ) ( E ) - This is a snap back to a company who states they are required to report 100 % accurate information. They misconstrue the law to state they are required to report accurate information but this does not mean the must report negative information. This is not a requirement of the FCRA. This is false and misleading and a violation of 1681s-2 ( 7 ) ( E ) 15 U.S.Code 1602 ( e ) 1602 ( e ) The term person means a natural person or an organization. \n\nNotice, affiant is aware, a person as defined under the Truth in Lending Act as a natural person or an organization, and organization can be a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association as defined under the Truth in Lending Act, 15 U.S.Code 1602 ( e ) 15 U.S.Code 1602 ( f ) 15 USC 1602 ( f ) Notice, affiant is aware, the term credit means the right granted by I, the original creditor, to a debtor to defer payment of the debt or to incur debt or a loan from the US Treasury and defer its payment. \n\n\n\nThis makes { COMPANY NAME } a borrower or solicitor who induced me to the treasury window to receive funds unbeknownst to I, at the time of the transaction. I, the affiant, came to extend credit as shown in exhibit ( -- ) and not receive a loan from the U.S. treasury. The contract I received, as a result, was an unsolicited advertisement described in 48 U.S.C 227 ( a ) ( 5 ) by { COMPANY NAME } and lack of willful full disclosure was the fraud of execution in conjunction with fraud of inducement brought forth by { COMPANY NAME }. \n\n\n\n15 U.S. Code 1602 ( g ) 1602 ( g ) The term creditor refers only to a person, natural person, who regularly extends credit and is the person to whom the debt arising from thus we created the debt, and the consumer credit transaction is initially payable on the face of the evidence of indebtedness, or a contract. \n\n\n\n15 U.S.Code 1602 ( i ) 1602 ( i ) - a consumer in connection with a consumer credit transaction, refers to natural person who extends credit to obtain goods, money or services are primarily for personal, family, or household purposes. \n\n\n\n15 U.S.Code 1602 ( j ) 1602 ( j ) - A credit card from a bank such as XXXX are actually called open-ended consumer credit plans. Installment loans also fit under this category as well. \n\nin accordance with 15 U.S.Code 1602 ( j ) which contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time. \n\n\n\n15 U.S.Code 1602 ( l ) 1602 ( l ) The term credit card means any card, which includes examples such as an EBT card or social security card, license plate, checkbook or remittance slip. \n\n\n\n\n\n15 U.S.Code 1602 ( p ) 1602 ( p ) The term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. \n\n\n\n15 U.S.Code 1602 ( v ) 1602 ( v ) - material disclosures require 8 different requirements and 9 disclosures are required if it is a mortgage contract. \n\nXXXX the annual percentage rate, XXXX the method of determining the finance charge XXXX the balance upon which a finance charge will be imposed, XXXX the amount of the finance charge, XXXX the amount to be financed, XXXX the total of payments, XXXX the number and amount of payments, XXXX the due dates or periods of payments scheduled to repay the indebtedness, XXXX disclosures required by section 1639 ( a ) of this title. ( Mortgage Disclosure ) Notice, affiant is aware, in accordance to the regulations of the Bureau, there are eight required material disclosures which should be clear and conscious, bolded with ten point font and sectioned off in boxes within each consumer credit contract ; nine material disclosures are required if it is a mortgage contract. As shown in EXHIBIT ( -- ), the contract provided did not meet the full criteria of the material disclosures in accordance with 15 U.S.Code 1602 ( v ) required by the Truth in Lending Act and is in violation of 15 U.S.Code 1602 ( v ). \n\n\n\n15 U.S.Code 1605 ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, ( b ) does not include charges of a type payable in a comparable cash transaction. \n\nthe finance charge includes any of the following types of charges which are applicable : ( XXXX ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges. \n\n( XXXX ) Service or carrying charge. \n\n( XXXX ) Loan fee, finders fee, or similar charge. \n\n( XXXX ) Fee for an investigation or credit report. \n\n( XXXX ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or fees paid directly to the broker or the lender ( XXXX ) fees ( for delivery to the broker ) whether such fees are paid in cash or financed. \n\n( XXXX ) Life, accident, or health insurance premiums included in finance charge Charges or premiums for credit life, accident, or health insurance written in connection with any consumer credit transaction shall be included in the finance charges ( XXXX ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property. Meaning all debts with a finance charge comes with insurance in case of default. \n\n\n\n15U.S.Code1605 ( a ) ( b ) 1605 ( a ) ( b ) - Insurance, interest, services, deliver fees, loan fees, broker fees, fee to cover defaults, are all included in the finance charge. \n\n\n\n15 U.S.Code 1605 ( a ) 1605 ( a ) No down payments or any cash in connection with a finance charge. \n\n\n\n15 U.S. Code 1611 ( 1 ) ; ( XXXX ) Whoever willfully and knowingly ( XXXX ) gives false or inaccurate information or fails to provide information which he is required to disclose under the under TILA and every \" regulation '' or consumer law after, and since TILA is the first law it's all of consumer credit protection, or ( XXXX ) if companies fails to comply with any requirement imposed under TILA shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. \n\n\n\n15 U.S. Code 1635 Revoking power of attorney. \n\nNotice, affiant is invoking it's right of rescission in accordance with 15 U.S.Code 1635 and UCC XXXX XXXX to rescind any power of attorney which may have been used in connection with this transaction which includes any derivative, hypothecation, trades, transfers of possession, whether voluntary or involuntary involving any and every instrument which may have occurred unbeknownst to me. I was not given full disclosure of any such power of attorney until discovery of its potential existence and demand a full revocation of such document ( s ) ; nunc pro tunc.! If you have one give them yours as well 15 U.S. Code 1635 - arbitration clause Notice, affiant is aware, upon discovery, this contract has been a one sided agreement which I was never disclosed the second signature by an authorized party, head of agency or registered agent .The appropriate \" meeting of the minds '' has never occurred in connection with this contract. Being the only party to sign this contract without full willful disclosure I invoke and reserve my right to revoke the arbitration clause in connection with this contract and for any transfer, trade, hypothecation, whether voluntary or involuntary involving any and every instrument which may have occurred unbeknownst to me ; Nunc pro tunc. \n\n\n\n15 U.S. Code 1637 ( b ) ( 2 ) ( A ) 1637 ( b ) ( 2 ) ( A ) - Creditor must provide documentary evidence upon request to verify a billing error otherwise there is a violation of 15 U.S.Code 1666b Notice, affiant is aware, documentary evidence pursuant to 15 U.S.Code 44 includes all documents, papers, correspondence, books of account, and financial and corporate records which involve all derives, assignees, hypothecations in connection with my all caps name. I require this clarification in order to address the billing error for the amount shown in this statement in Exhibit ( -- ). I need to clarify who funded the account and how much is owed according to the journal and ledger entries from the date of open of this account as described in IRS Publication XXXX. I am giving formal notice of this billing error until I receive all documentary evidence. Until this documentary evidence has been received this billing error is a violation of 15 U.S.Code 1666b 15 U.S.Code 1640 ( a ) 1640 ( a ) - For each violation of TILA is double the finance charge when it comes to consumer credit transactions. This doesn't mean if you find multiple TILA violations there is only double the finance charge one time. Each violation is double the finance charge. In a lease each violation is XXXX dollars. If there is no security interest its XXXX per violation or higher depending on a pattern of failures aka R.I.C.O. charges. \n\n\n\n15 U.S.Code 1640 ( B ) if there is a class action then the violation can be XXXX or 1 % of the net worth of the creditor. \n\n\n\n15 U.S.Code 1644 ( a ) 1644 ( a ) - Fraudulent authorized use of a credit card such as a license plate, social security card, EBT card etc, can result up to a XXXX fine. \n\n\n\n15 U.S. Code 1662 ( b ) 1662 ( b ) - It is illegal to require any downpayment in connection with a consumer credit transaction 15 U.S.Code 1666 ( b ) ( 2 ) 1666 ( b ) ( 2 ) - Billing errors caused by not providing documentary evidence as defined as 15 U.S.Code 44. \n\n\n\n15 U.S. Code 1666a 1666a ( a ) Creditor can not report information to any third party if there is a billing error dispute until the dispute is over 15 U.S.Code 1666 ( e ) 1666 ( e ) - if the creditor does not provide all documentary evidence as defined under 15 U.S.Code 44 this will result in a billing error and the creditor forfeits all rights to collect on the amount the person has identified in dispute. If the person gets the final payout statement amount and states the amount is a billing error then the entire amount would not be able to be collected on. \n\n\n\n12 C.F.R. 1026.13 ( d ) ( 1 ) - enforcing the billing error, and restrictions from a company.\n\nNotice, affiant is aware, as the creditor may not collect any disputed amount, I the consumer and affiant, does not need to pay, the creditor can not restrict, accelerate payment or close an account and or make or threaten any adverse reporting to any person about the consumer 's credit standing without resolving the billing error. Such actions by will forfeit its rights to collect the disputed amount as described in 15 U.S.Code 1666 ( e ) and hold the creditor liable under 15 U.S.Code 1693m for the actual damage caused to I, the affiant, as well as held to criminal liability pursuant to 15 U.S.Code 1693n for failing to require documentary evidence as requested to clarify and revolve the previously addressed billing error 15 U.S. Code 1666d 1666d - If there is a balance of credit or insurance of the account in connection to a consumer credit transaction with a surplus over XXXX dollar, this account should be credited in the amount of the credit balance, upon request, the remaining balance of the amount should be refunded to the consumer, by cash, check, or money order. The amount can not be known without knowing the journal and ledger entires of the account from the date of account opening as described in Publication IRS XXXX. \n\nMake sure to tell them if you want it in cash check or money order and where to send it too 15 U.S. Code 1691 1691 ( a ) ( 3 ) - it is unlawful to discriminate in any aspect against anyone who exercised their right in good faith. Credit is the right granted under title 1602 ( f ) ... ( think about it ) 15 U.S. Code 6802 ( b ) ( a ) ( A ) ( B ) ( C ) - The right to opt out, the right to have the information clearly and conspicuously disclosed and consumers directing that information not to be disclosed and explanation to how to opt out of reporting. \n\n\n\n16 C.F.R. 433.1 ( d ) Purchase money loan NoticeI the affiant has reason to believe and do so believe a purchase money loan, cash advance was given as the creditor from the U.S. Treasury for a finance charge and the consumer credit was to be forwarded to the consumer or natural person, I the affiant, in this transaction for household, goods, and services in exchange for disclosed, limited and authorized use of the negotiable instrument, social security number or credit card and signature I have provided, which are all properties which belong to I, the affiant, so be it I, living name, agent for principal XXXX XXXX and affiant, I am a federally protected consumer, holder in due course, attorney in fact, for any and all derivatives thereof for the surname/given name and I have been appointed and accept being the executor both public and private for all matters proceeding, and I hereby claim that I I will autograph for my given name, XXXX XXXX and as the agent and administrator in fact. \n\n\n\nCongress finds there is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. \n\nUpon review of my credit report, I have notice you are reporting several inaccurate information. You have a duty pursuant to the FCRA to report accurate and fair information. In accordance with the Fair Credit Reporting act company name, has violated my rights. I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions. \n\n\n\nThe Consumer Credit Report, Pursuant to title 15 1681 ( a ) ( 2 ) exclusions ( 2 ) Exclusions.Except as provided in paragraph ( XXXX ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Late Payments Entries Identified On The Consumer Report Are A Violation Of My Rights As Consumer This includes charge offs and collections XXXXXXXX XXXX XXXX ACCOUNT NUMBER XXXX DATE XX/XX/XXXX XXXX XXXX  ACCOUNT NUMBER XXXX DATE XX/XX/XXXX XXXX XXXX XXXX ACCOUNT NUMBER XXXX XXXX XX/XX/XXXX The following address needs to be removed immediately. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX The following employer need to be immediately removed. \n\nXXXX. XXXXXXXX XXXX XXXX XXXX The following inquiries need to be immediately removed. \n\nXXXX. XXXX XXXX XXXX. XXXX XXXX. XXXX XXXX  XXXX. XXXX I believe these unauthorized inquiries violate the provisions outlined in Title 15 USC 1681, as I have not applied for credit or sought any services from the aforementioned creditors, and therefore, these inquiries are not valid or authorized. As a consumer, it is my right to have accurate and up-to-date information in my credit report, and unauthorized inquiries can negatively impact my creditworthiness and financial opportunities.","date_sent_to_company":"2024-05-14T17:13:36.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"60510","tags":null,"has_narrative":true,"complaint_id":"9005208","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-05-14T17:13:33.000Z","state":"IL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["of the ownership or use of 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