{"took":232,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":13,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"2670779","_score":14.10087,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"The purpose of this letter is concerning an adverse credit report. This issue raises an extraordinary interest that compels me to direct to your attention immediately. The absence of any articulated response suggests a holding principle not to remedy the issue. Any silence only rubber-stamps the issue and deeply supports the principle of your established business. \n\nWhen there is a failure it moves a customer to think differently. This issue raises an extraordinary interest that compels me to direct your attention immediately. There is an acknowledged constitutional right to be recognized and make an argument. I realize that no organization is error-free however, it is expected that employees render a level of professionalism that reflects the organization or business goal.. \n\nIt is a moral order in our society that has been established by business owners and that is to take care of their customers. When there is a failure it moves a customer to think differently. The right to be recognized is part of the fundamental principles of the constitution. On the other hand there is a general right that will clearly show a customers concerns. \n\nAs with any public servant quality services are expected and vital. There is no valued and deeply cherished right than to be employed and provide that level of service. However, in some instances an employee or company can abuse their position of authority. It must be said on the onset of this statement and with clarity that is exactly what has happen with Synovus XXXX XXXX, XXXX XXXX XXXX, XXXX, GA XXXX. \n\nThe real danger of this issue is the lies and the troubling aspects that are in the implication of discretionary power that could have been prevented. Is seems as if they imposed created rule spokes with authority and a right that a principle could be established for a rational basis but when it rises to a level of a fundamental intention to damage a customer credit rating. \n\nBank submitted two adverse thirty ( 30 ) day delinquent reports against my credit score. The fraudulent business transaction practices that governs their claim was due to lack of a correct address. This issue could have been avoided had they contacted XXXX of for any additional information. XXXX representative was informed by via email of my concern about the payments and stated he would investigate but never replied afterwards. \n\nI contacted the bank due to the fact of not receiving an invoice. During my conversation they openly admitted that they had incorrect data pertaining to my mailing address and all correspondences had been returned. Accordingly, four months lapsed that they grossly failed in their unprofessionalism in the obtaining the correct mailing address. \n\nThe bank specifically stated that the financial documents would be mailed during the conversation. Their supreme disservice continued. I was alerted to an adverse credit report alert less than a week after my conversation with them concerning the documents. The failure and unwillingness to face reality or accept the facts is a part and parcel of the problem. \n\nFrom the onset, XXXX had provided the revenant information that establish the line of credit that they accepted. The validation was excurted by means of my signature that showed a compelling interest in establishing a good faith effort to repay any debtors. To date, my line of credit has been flawless with an excellent credit score rating. \n\nI was recommended to XXXX by means of the brotherhood of veterans being that I am veteran and the surrounding area are retirement areas. The representative a veteran whom I relied upon as an employee exchanged various emails, telephone calls, and faxed documents to finalize the transaction failed to complete the project. I discovered that short cuts had been implemented that lead to addition damages to the structural dwelling. Therefore, the company had to return to correct the flaws. \n\nUpon my walk through to ensure customer satisfaction other elements of workmanship was discovered. Due to the discoveries was management officials was notified of the issues. Management officials was unable to answer numerous official legal questions. They base the lack of response on the basis of the absences of legal counselors onset. I was assured they would cooperate in good faith should any issues arose to that level of dissatisfaction. \n\nThe bank and company has shown a compelling interest in rendering an adverse credit report not an exercise.","date_sent_to_company":"2017-09-19T12:09:51.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"80220","tags":"Servicemember","has_narrative":true,"complaint_id":"2670779","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"Synovus Bank","date_received":"2017-09-12T20:16:22.000Z","state":"CO","company_public_response":null,"sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["The representative a veteran whom I relied <em>upon</em> as an employee exchanged various emails, telephone calls, and faxed documents to finalize the transaction failed to complete the project. I discovered that short cuts had been implemented that lead to <em>addition</em> damages to the structural dwelling. Therefore, the company had to return to correct the flaws. \n\n<em>Upon</em> my walk through to ensure customer satisfaction other elements of workmanship was discovered."]},"sort":[14.10087,"2670779"]},{"_index":"complaint-public-v1","_id":"12116920","_score":11.925198,"_source":{"product":"Debt collection","complaint_what_happened":"As of XX/XX/XXXX, I joined a joint lease agreement. It was signed by the renters immediately but apparently management later approved our lease later XX/XX/XXXX. \n[ XX/XX/XXXX ] I drove into a trailer ( that was parked illegally No Parking Zone ) that pushed it into the cement wall causing damage. \n[ XX/XX/XXXX ] : Roommate sent an email requesting to be removed from the lease before XXXX. Deny by XXXX. I believe this violates California Civil Code 1946 [ XX/XX/XXXX ] : Roommate request the itemized bill [ XX/XX/XXXX ] : XXXX XXXX stated it will have to be picked up in person but later agreed to provide a copy posted to our apartment door. \n[ XX/XX/XXXX ] : Received invoice of {$4000.00}. Description : Removed damaged section of brick wall, Repair preexisting side piers and Install new brick. No detailed breakdown of the cost to the description, just shows {$4000.00}. No itemized breakdown of material and labor cost. \n[ XX/XX/XXXX ] : Room mate made an in-person request made at their office. Denied by management [ XX/XX/XXXX ] I signed a Promise to Pay agreement with XXXX, not roommate. They accepted that I was going to pay for the damages. It was signed on XX/XX/XXXX but required the payment to start on XX/XX/XXXX. Based on the verbal of the agreement, it seems like they were adding this payment as addition to rent but any changes to the rent must be given a 30-day notice. Resident agree that this Promise to Pay Agreement does not change the terms of the lease. This Promise to Pay is given temporary consideration to allow the Resident to make arrangements for paying balances for rent, late fees, and /or other outstanding balance. Residents agree to pay all charges as agreed upon in the above referenced schedule. Should the resident default on the agreed payment schedule the file will immediately be sent to the attorney for processing of eviction Room mate was not notified about this agreement nor was asked to sign management. \n[ XX/XX/XXXX ] : Roommate requested an extension due to XXXX XXXX increasing rent in a short notice. No response back from XXXX XXXX. We believe it violates California Civil Code Section 827 [ 10/10/24 ] : Email with an official statement to terminate the contract. No Response by XXXX [ XX/XX/XXXX ] Notice to Perform Covenant or Quit, given 3 days to either pay back or move out the premise by XX/XX/XXXX. 3 days to pay back {$4000.00} as \" rent '' that is property damages is not enforceable [ XX/XX/XXXX ] voicemail left by management explaining she can not accept our rent and I picked up my money order rent in the office [ XX/XX/XXXX ] 30 Day Notice to Leave sent an email to the their attorney and drop off a physical copy management [ XX/XX/XXXX ] Received no response from attorney. Officially moved out and returned keys with no direction from attorney. \n[ XX/XX/XXXX ] Received phone call from debt collector. Attempted to collect debt \" under good faith '' As I was explaining myself, debt collector acted irrationally and provided terrible customer service. Told me I was acting out of \" feelings '' and claimed he would escalate my case and my credit would be tarnished within 30-45 days.","date_sent_to_company":"2025-03-11T13:16:41.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Rental debt","zip_code":"93727","tags":null,"has_narrative":true,"complaint_id":"12116920","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"T.S. Holdings","date_received":"2025-02-18T18:41:58.000Z","state":"CA","company_public_response":null,"sub_issue":"Threatened or suggested your credit would be damaged"},"highlight":{"complaint_what_happened":["We believe it violates California Civil Code Section 827 [ 10/10/24 ] : Email with an <em>official</em> statement to terminate the contract."]},"sort":[11.925198,"12116920"]},{"_index":"complaint-public-v1","_id":"7210078","_score":10.662118,"_source":{"product":"Mortgage","complaint_what_happened":"Good Day to You Counselors : I hope that this communication finds you and your colleagues in good health and fine spirits. \n\nThis inquiry concerns a property that was foreclosed upon by Wells Fargo in the fall, of XXXX ( XXXX XXXX XXXX XXXX / XXXX, DE XXXX ). After these proceedings were conducted and Wells Fargo, their agents and or contractors took possession of this property - several robberies took place. These events were detailed in several police reports sent to the local State Highway Patrol office for investigation. As you may have gathered, this is a fact finding mission. \n\nMy attorneys have instructed me to reach out to Wells Fargo in order to expedite this process. To wit, I am requesting the following documentation. We shall expect a detailed response within 15 business days, by XX/XX/XXXX. These responses should be transmitted electronically. \n\nPlease submit the following items. \n\n1. Timeline of events concerning the property for the year preceding the foreclosure and three months after the date the proceedings were completed 2. Copies of of declarations, advertisement or solicitations that indicated that the property had been made available for resale 3. Names, contact information of agents or contractors associated with the resale of the property 4. Names and contact information, financing arrangements/ terms offered to the new buyer 5. Appraised value of the property at the time of foreclose and at the time of resale 6. Copy of contract issued to subcontractor ( s ) to Winterize the home 7. Copy of background and credit checks for the winterizing contractor ( s ) 8. Photo ID for the winterizing contractor ( s ) 9. Drug test results for the winterizing contractor ( s ) 10. Winterizing contractor 's vehicles - year, make, model, color, and license plate numbers 11. Copy of completed work log / invoice submitted by the winterizing contractor ( s ) Warranty? \n12. Copy of Insurance / Bond covering the winterizing contractor ( s ) 13. Copy of Skills Certification awarded by an acredited agency 14. Finger prints/ DNA to compare with samples taken by State Highway Patrol My attorneys have invoked a simple checklist in order to clarify this matter. \n\nRegarding culpability here are the key determinants : Motive/ Access / Opportunity - ability to act illegally under the guise of official authorizations. It should be noted here that the State Highway Patrol found no indications of forced entry.\n\nWith this observation in mind, we are also requesting that Wells Fargo please submit the following similar items relating to the subcontractor who was employed as the Locksmith for these proceedings. \n\n1. Copy of contract issued to subcontractor ( s ) to install new locks at the home 2. Copy of background and credit check for the locksmith contractor ( s ) 3. Photo ID 's for the locksmith contractor ( s ) 4. Drug test results for the locksmith contractor ( s ) 5. Vehicles Locksmith contractor - year, make, model, color, and license plate numbers 6. Copy of completed work log / invoice submitted by the locksmith contractor ( s ) Warranty? \n7. Copy of Insurance / Bond covering the locksmith contractor ( s ) 8. Copy of Skills Certification awarded by an accredited agency 9. Finger prints/ DNA to compare with samples taken by the State Highway Patrol My attorneys have informed me that adopting a Win Win approach is often more productive than immediately Lawyering Up. It is our hope that Wells Fargo accepts this wisdom as we negotiate a mutually acceptable resolution that facilitates the recovery of a six-figure loss. \n\nPlease advise me. \nMay you have a bright and productive day.\n\nGood Day to You Consumer Protection Team : I hope that you are experiencing a relaxing holiday. \n\nI am writing to you as a former Wells Fargo mortgage holder. \nAs of this date I have not received notification of my eligibility nor inclusion in the recent {$3.00} Billion settlement with Wells Fargo. ( For mortgage loan borrowers, damages might be owed for wrongful foreclosures, incorrectly charged fees. ) XXXX XXXX XXXXXXXX During the fall of XXXX my home was foreclosed upon by Wells Fargo ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX DE XXXX ). However, Wells Fargo failed in their responsibility to perform due diligence as required by law and their internal policies and procedures regarding this foreclosure. \n\nSpecifically, I never signed any paperwork that would have authorized or facilitated the take over of my home. Nor was I requested to sign for any notifications that could have been delivered by mail. \nIn addition, I am unaware that the normal offer of payments for the surrender of the deed was available. Moreover, I am unaware that a payment for moving expenses was ever on the table. \n\nTo add insult to injury, during the foreclosure proceedings, Wells Fargo failed in their fiduciary / stewardship obligations after having vouched safe for the homeowner 's property in, and on the premises. While under the stated protection of Wells Fargo, several robberies were committed or facilitated by contractors employed by Wells Fargo. These thefts resulted in nearly a six-figure loss. \n\nMy complaint is that my home was taken unfairly illegally, without the completion of the due process to which I was entitled. My intent is to recover my home or be paid at least the minimum market value of this home. This residence is currently valued at more than {$500000.00}. \n\nAlso, I am seeking to recover the nearly six-figure loss of the contents stolen by Wells Fargo contractors . You will find attached a letter, now on hold, written to Wells Fargo regarding this issue. \n\nI appreciate your time and prompt attention to addressing these irregularities. \n\nPlease advise me.","date_sent_to_company":"2023-07-05T17:22:44.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"30277","tags":null,"has_narrative":true,"complaint_id":"7210078","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2023-07-05T15:04:07.000Z","state":"GA","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":["In <em>addition</em>, I am unaware that the normal offer of <em>payments</em> for the surrender of the deed was available. Moreover, I am unaware that a <em>payment</em> for moving expenses was ever on the table. \n\nTo add insult to injury, during the foreclosure proceedings, Wells Fargo failed in their fiduciary / stewardship obligations after having vouched safe for the homeowner 's property in, and on the premises."]},"sort":[10.662118,"7210078"]},{"_index":"complaint-public-v1","_id":"9079928","_score":9.498149,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I opened this \" ACCOUNT '' XX/XX/2023 I Requested their opt out policy in accordance with 15 U.S. Code 6802 and notified them of my request to opt out on XXXX XXXX XXXX  by phone. I was told there was no such policy at which point ( less than a week later ) I mailed them a letter stating in no uncertain terms I opt out of all reporting since they never once complied with 15 U.S. Code 6802 ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. \n\nNONE OF THIS WAS EVER DONE AND THEY CAN NOT SHOW IT WAS NO MATTER WHAT THIS GUY SAYS, BECAUSE IT WASNT. THERE IS NO RECORD. 0. There is 1 copy of my signature, EVER. NO EXPLINATION ON HOW TO OPT OUT, IN FACT I WAS TOLD IN WRITING THERE ISNT ONE ( SEE ATTACHED LETTERS FROM : XXXX XXXX, Senior Specialist, Corporate Consumer ) I was told their was no option, which is illegal and further confirmed in the words of XXXX XXXX, Senior Specialist, Corporate Consumer Relations : and i quote '' In your correspondence you also mention you do not agree with Synchrony reporting your information to the credit bureaus and want the reporting of this account to cease. You opened your Synchrony Bank account on XX/XX/2023. By signing the application, whether written, verbally, or electronically, you indicated you understood the terms and conditions of the account ; this information was included with the application. For your convenience, we have enclosed a copy of the terms and conditions. At this time, we ask you to review the section regarding credit bureau reporting, which states the following : Credit Bureau Reporting. We may report information about your account to credit bureaus ... XXXX XXXX XXXX XXXX XXXX XXXX XXXX and NOT official credit bureaus. and XXXX already are in compliance. \n\n\nThey are in addition in violation of : 15 U.S. Code 1666b ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.\n\n( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. \n\nNEVER ONCE DID I RECIEVE A TRUE INVOICE 21 DAY PRIOR TO DEBT DUE. NEVER. ONE. TIME.\n\nThey proceeded to transmit my social security number every month in violation of : ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. \n\nWhich they did none of and can provide no proof beyond the initial contract. There were no monthly notifications and no consent, no instructions on opting out. IN FACT CONSENT WAS REVOKED IN WRITING. They just lied and said i wasnt allowed to do that. MULTIPLE TIMES AND NOW TWICE IN WRITING NONE OF THESE ENTITES ARE \" AFFILIATED '' WITH SYNCRONY - \" nonaffiliated third party '' The term nonaffiliated third party means any entity that is not an affiliate of, or related by common ownership or affiliated by corporate control with, the financial institution, but does not include a joint employee of such institution. \n\nThey have admitted to this twice now ( see attached letters from XXXX XXXX, Senior Specialist, Corporate Consumer Relations x2 ) They openly ignore the violations, and respond with dismissive letters as if they don't know they are breaking the law daily. \n\nI ( 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. \n\n( 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.\n\n15 USC 1692k","date_sent_to_company":"2024-05-24T03:06:55.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"282XX","tags":null,"has_narrative":true,"complaint_id":"9079928","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SYNCHRONY FINANCIAL","date_received":"2024-05-24T02:19:27.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["XXXX XXXX XXXX XXXX XXXX XXXX XXXX and NOT <em>official</em> credit bureaus. and XXXX already are in compliance. \n\n\nThey are in <em>addition</em> in violation of : 15 U.S."]},"sort":[9.498149,"9079928"]},{"_index":"complaint-public-v1","_id":"2945591","_score":7.996872,"_source":{"product":"Mortgage","complaint_what_happened":"This is a follow up to my 1st complaint concerning a QWR and Notice of Error that was not completely answered. I submitted another Notice of Error that has not been acknowledged and the foreclosure is continuing despite the fact I am still in dispute with SPS. This is the Notice of Error and current violations sent to SPS to correct : I am in receipt of SPS letter dated XX/XX/XXXX that attempts to respond to my QWR/NOE letter dated XX/XX/XXXX. I will list each of the errors and why SPS response is deficient. I questioned the 3rd party fees and costs assessed to my account and requested proof of the invoices as well as proof that the work was actually performed. Specifically, 12 C.F.R. 1024.35 ( b ) ( 5 ) requires that the servicer may only charge bona fide fees ; fees that the servicer determined it had a reasonable basis to impose. A servicer may not charge a for service that a service provider did not actually provide. Therefore, in order to prove that all fees and costs assessed to my account are legitimate, I demanded a copy of all invoices evidencing all fees and the work completed for all fees charged. What SPS provided was a listing of the fees, some of the fees were still not itemized. SPS failed to provide the requested invoices therefore SPS response is deficient. I also stated that SPS had failed to respond to my appeal of the denial to my application for loan modification and, as such, was dual tracking me by scheduling a sale of my home while loss mitigation was still pending. SPS appears to attempt to respond to my appeal in its XX/XX/XXXX, letter and, again, SPS fails. SPS claims your request did not provide any detail in regards to any specific error identified in the decision. I shall now restate all of the errors contained in SPS denial and hopefully someone with knowledge of the federal regulations will read this with comprehension as to SPS failure to comply with the Code of Federal Regulations. Pursuant to 12 C.F.R 1024.41 ( d ) if the servicer denies the homeowner a loan modification, the servicer must state the specific reason each modification option was denied. Supplement I to 12 C.F.R. Part 1024, Official Bureau Interpretations, provides the degree of specificity required of the servicer in denying a borrower for a loan modification. For example, if the denial is based on investor requirements, the servicer must identify the owner or assignee of the loan and the requirement that is the basis of the denial. Additionally, if a loan modification is denied because of a net present value calculation, the servicer must provide the borrower with the inputs used in the calculation. In its letter, SPS declined me for a modification claiming that we are unable to offer you this program [ Proprietary Trial Modification ] because in performing our underwriting of a potential modification we could not reduce your principal and interest payment. While SPS did provide a limited NPV report, it did not include the debt to income requirements ( DTI ), the term requirements, allowability to reduce the interest rate or the ability to offer a principal reduction. Without this information I can not effectively assert a proper appeal as I dont know that parameters with which SPS utilized in its determination that it could not reduce my principal and interest payment. Does that mean the investor prohibits a reduction of principal and/or interest rate or that the interest rate and principal amount could not be reduced to achieve the required, yet unnamed, DTI? SPS also failed to name the purported investor of my loan as required by 12 C.F.R. 1024.41 ( g ) ( 1 ). A denial for a loan modification ostensibly based on an investor restriction that does not name the investor or explain the restriction has been held to be insufficient. XXXX v. XXXX XXXX, XXXX. Civ. No XXXX, XXXX XXXX XXXX, at XXXX ( XXXX XXXX. XX/XX/XXXX ). Using the criteria from RESPA, Regulation X, and the CFPB, SPS had to do three things to properly deny my loan application. First, it had to identify the owner or assignee of the loan, which it did not do. Second, it had to identify the specific requirement that I did not meet which SPS also failed to do. Third, it had to provide information and detail supporting its claim that we are unable to offer you this program because in performing our underwriting of a potential modification we could not reduce your principal and interest payment. SPS had  to provide any underwriting guidelines or requirements or restrictions as well as the specifics utilized in calculating eligibility such as interest rate, term and DTI. XXXX v. XXXX XXXX, XXXX, XXXX XXXX, XXXX XXXX XXXX, at XXXX ( XXXX XXXX. XX/XX/XXXX ) ( denying defendants motion to dismiss RESPA Claim because the specific applicable requirement that was not met, the Court concludes that XXXX has adequately alleged that the Denial Letter 's explanation for denying his HAMP loan modification may lack the specificity required by 12 C.F.R. 1024.41 ( d ). ) In reviewing the documents that SPS included in its XX/XX/XXXX, letter I note that SPS has also violated 12 CFR 1024.38 ( v )  which requires that documents submitted in a foreclosure process reflect accurate information and comply with applicable law. SPS provided a copy of the Note that contains no endorsements which means under the UCC only the originator, XXXX XXXX XXXX XXXX XXXX XXXX, has the authority to enforce the Note via a foreclosure action. SPS also included an Assignment dated XX/XX/XXXX, which is clearly fraudulent as it purports to assign my mortgage loan to the trust well over 7 years after the cut off date as prescribed in the pooling and servicing agreement ( PSA ). Additionally, the PSA requires that the seller transfer/sell the loan to the sponsor who in turn sells/transfers the loan to Depositor who in turn sells/transfers the loan to the Trust. The originator does not transfer/sell the loan directly to the Trust pursuant to the PSA. The subject loan was required to be transferred to the subject pool no later than the cut-off date in order to maintain its status as a qualified mortgage as a REMIC1. See REMIC Regulations, Code Section 860 G ( a ) ( 3 ) and 851 ( b ) ( 3 ) ( A ) ( i ). These errors on SPS part must be addressed and reconciled immediately, specifically, pursuant to Regulation X, 12 C.F.R. 1024.35 ( d ) and ( e ), SPS has 5 days within which to acknowledge receipt of this request and must respond no later than 7 days. Until these errors are properly addressed and corrected by SPS, there can be no sale scheduled on our property ; the currently scheduled sale for XX/XX/XXXX, must be canceled if the errors are not corrected. See Reg. X, 12 C.F.R. 1024.35 ( e ) ( 3 ) ( i ) ( B ) and 1024.35 ( f ) ( 2 ) ; Official Bureau Interpretation, Supplement 1 to Part 1024, 35 ( e ) ( 3 ) ( i ) ( B ) -1.  Therefore, we are requesting that you cancel the sale so that our appeal and previously issued Notice of Error have been addressed. Be advised that RESPA and Regulation X provide a private right of action if a servicer fails to comply with the statute or regulation. 12 U.S.C. 2605 ( f ) ; 12 C.F.R. 1024.41 ( a ). I am a borrower entitled to the protections codified at 12 U.S.C.A. 2605 and 12 C.F.R. 1024.41. The mortgage loan subject to this action is a federally related mortgage as defined in 12 C.F.R.1024.2 and involves a consumer transaction at the time the loan was taken out by the Plaintiff. SPS is a mortgage servicer subject to the mandatory requirements of 12 U.S.C.A. 2605 and 12 C.F.R. 1024.41. SPS violated the RESPA and Regulation X in the following ways : Denied my application without identifying the owner or assignee of the loan and providing the specific reason for such a denial and additional detail to support such statements within 30 days of receipt of the application. 12 C.F.R. 1024.41 ( c ) ( 1 ) & ( d ) ; see 12 C.F.R. Pt. 1024, Supp. I, 41 ( d ), cmt. 1 ; see Mortgage Servicing Rules Under the Real Estate Settlement Procedures Act ( Regulation X ), 78 FR 10696-01 ; Did not properly review the appeal within 30 days and did not provide particular reasons for the denial in writing. 12 C.F.R. 1024.41 ( h ) ; Engaged in \" dual-tracking '' by scheduling my home for sale. 12 C.F.R. 1024.41 ( g ). SPS regularly collects or attempts to collect consumer debts due or asserted to be due to another. Specifically, it is regularly assigned the collection rights of consumer debts, including my consumer debt and therefore is a Debt Collector within the meaning of 15 U.S.C. 1692a ( 6 ). By scheduling the foreclosure sale of my home when that sale can not be held in violation of ( i ) 12 U.S.C.A. 2605 and 12 C.F.R. 1024.41 SPS and XXXX XXXX XXXX have materially violated 15 U.S.C. 1692e. SPS and XXXX XXXX XXXX actions described herein also constitute materially unfair or deceptive practices in violation of 15 U.S.C. 1692f. This conclusion is based upon the fact that no reasonable person would believe it would be fair to proceed and advertise foreclosure sales before them may even lawfully occur under state or federal law. As a result of both SPS and XXXX XXXX XXXX improper debt collection practices, which directly and indirectly violate my rights under 12 U.S.C.A. 2605 and 12 C.F.R. 1024.41, I have suffered actual economic and non-economic damages, and suffered severe emotional distress. The FDCPA provides for statutory damages in addition to actual damages. If SPS and XXXX XXXX XXXX fail to cancel the upcoming sale date of my home, I am prepared to move forward to file a complaint in federal court against both SPS and XXXX XXXX XXXX to exercise all of my rights provided under the law. In conclusion, I trust SPS will comply to the CFPB and RESPA and FDCPA requirements as Ive requested herein and cancel the XX/XX/XXXX sale of my home.","date_sent_to_company":"2018-06-25T13:34:45.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"24019","tags":"Servicemember","has_narrative":true,"complaint_id":"2945591","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SELECT PORTFOLIO SERVICING, INC.","date_received":"2018-06-25T13:21:11.000Z","state":"VA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":["Therefore, in order to prove that all fees and costs assessed to my account are legitimate, I demanded a copy of all <em>invoices</em> evidencing all fees and the work completed for all fees charged. What SPS provided was a listing of the fees, some of the fees were still not itemized. SPS failed to provide the requested <em>invoices</em> therefore SPS response is deficient."]},"sort":[7.996872,"2945591"]},{"_index":"complaint-public-v1","_id":"15124916","_score":7.747243,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"My original CFPB complaint number is XXXX Cash App responded to my original complaint with a delay tactic ( 60-day review ) and has locked out my ability to submit additional evidence or reply. They still have not allowed me to upload documents, and the core issue remains unresolved. \n\nI understand they have their legal allowed time to respond and I have my legal allowed complaint to ask for my time to stop being wasted. Just pay me what Im fairly asking for, please!! \n\n\n\n\n\n\nCorrection : My name was mistyped in the original complaint. The correct legal name is XXXX XXXX This does not change the facts or supporting evidence. \n\n\nI want to make it explicitly clear that any settlement finalization, including delivery of agreement documents, signature requests, or confirmation of terms, must be conducted exclusively through this CFPB portal. \n\nThis is non-negotiable. No communication or binding agreement outside this channel will be recognized. This ensures compliance, oversight, and full transparency. \n\n\n\nCash app case numbers : Complainers case number XXXX escalated case number XXXX cash app support case number XXXX ( XX/XX/XXXX ) This issue has now been mishandled through XXXX ( XXXX ) separate internal case IDs, dozens of emails, verified documentation, and an ongoing refusal to engage through the CFPB portal as requested. I am submitting this full settlement request, which reflects updated emotional damages and new evidence. All supporting screenshots and email confirmations are available upon request. \n\n\nCompany Abandonment of Internal Resolution and Improper Referral to Law Enforcement On XX/XX/XXXX, after repeated attempts to resolve the issue directly with Cash App support and through the formal CFPB complaint portal, the complainant received a written response from a Cash App representative instructing : You may be able to contact your local law enforcement, give the details of this transaction to them, and file a report Law enforcement can contact us using the resources at XXXX XXXX XXXX \n\nThis response followed more than a dozen documented communications from the complainant, each clearly seeking a peaceful and structured resolution through proper support channels. \n\nThe redirection to law enforcementdespite Cash Apps own internal acknowledgment of the name discrepancy and its connection to a broader systemic issuerepresents a formal abandonment of the companys duty to resolve a known issue using its own support infrastructure. \n\nDespite receiving an auto-response stating my support thread was closed, Cash App reopened my case the very next day a move that confirms someone read and acted upon my message. That message explicitly stated that all future communication should go through the CFPB portal. Their decision to reopen the case, while simultaneously ignoring my request and failing to follow up, confirms that my message was not only received but intentionally disregard This instruction to pursue a criminal or civil investigation over a clerical error that originated within Cash Apps own systemwithout any indication of fraud, theft, or wrongdoing on the part of the complainantconstitutes : A breach of good faith and fair dealing, Emotional negligence toward a vulnerable consumer with medically documented anxiety and active public assistance claims, And an unnecessary escalation that places undue burden on government resources for a mistake internally caused by the company. \n\nMoreover, Cash Apps refusal to respond via the CFPB complaint portal, as requested in writing, coupled with this referral to law enforcement, may be interpreted as a willful effort to avoid regulatory transparency and formal accountability. \n\nConclusion This communication, now part of the official settlement record, is being used to demonstrate not only the complainants continued good-faith effort to seek resolution, but also Cash Apps escalating pattern of evasion, emotional disregard, and public risk transfer. This is now an added factor in the total claim for damages and reputational harm. \n\nSupplemental Statement to CFPB Complaint : Formal Resolution Proposal This message serves as an official supplement and clarification to my previously filed complaint against Cash App regarding a serious identity verification failure that occurred during a loan transaction on XX/XX/XXXX. \n\nSummary of Issue : I was able to borrow money through Cash App with a typo in my name. \nImmediately after borrowing, I received an email from Cash App stating : Your legal name now matches your profile name. \nThis update occurred without submission of a photo ID, selfie, or any legal name change documentation. \nWhen I later attempted to correct the typo, I was blocked and required to submit photo ID, a selfie, and government documents ( e.g., court order ), despite not needing any of these to take out the loan or trigger a legal name change. \nThis contradiction in identity verification protocols constitutes a major security failure and violates basic KYC ( Know Your Customer ) and BSA ( Bank Secrecy Act ) standards. \n\nI have contacted Cash App support multiple times ( XXXX emails and several phone calls ) and provided consistent information throughout. I also have documentation of the emails, screenshots, and timestamps showing : When the loan was initiated When the legal name update was confirmed via email When funds were transferred to my bank account My repeated attempts to correct the error Formal Resolution Request : To Whom It May Concern, As part of any final settlement, Cash App agrees to identify, provide, and pay for an independent third-party attorney to review the final NDA and contract on my behalf before signature. This is in addition to the net-after-tax compensation requested below and does not affect the final figure. In the event I do not retain legal representation, I am willing to return any allocated legal funds upon formal invoice request. \n\n\nWhile your delay in response falls within your lawful right under CFPB guidelines, it ultimately served only to strengthen my position. This additional time allowed me to further investigate, organize evidence, and uncover critical patterns that reinforce the scope and seriousness of this issue. \n\nAs a result, my formal settlement demand is set at {$50.00} XXXX net, after taxes and any acquiable fees you may incur reflecting not only the original damages, but also the compounded negligence, delayed accountability, and expanded regulatory implications now supported by additional documentation. \n\nI remain open to a timely and discreet resolution. However, I must emphasize that time of continued inaction increases potential exposure and reputational risk on your end. \n\nWhile I am not currently aware of any confirmed impact to my government benefits, I would like to clarify that I am presently unemployed, experiencing medically documented anxiety, and have submitted applications for government food assistance and unemployment benefits all of which require legal name accuracy. \n\nThe unauthorized change to my legal name triggered a severe panic response, including physical symptoms such as XXXXXXXX XXXX XXXX XXXX XXXX XXXX all of which aggravated my pre-existing XXXX XXXX. I have a documented history of XXXX  prior to this event, and the incident directly worsened my condition. \n\nAt the time, I was already facing significant financial and emotional hardship. This unconsented identity change, involving a financial institution and lending product, created serious mental harm, not just distress. The fear, confusion, and instability it caused impacted my ability to function and contributed to a measurable decline in my mental health. \n\n\nI have documentation supporting all of the above, including : Medical records showing diagnosed XXXX  Government filings for benefits and unemployment Extensive written correspondence with Cash App Evidence that my legal name remains incorrect in the system An email stating the typo is now being treated as my legal identity The requested {$50.00} XXXX is the net amount I expect to receive in full. It is the responsibility of Cash App/Block Inc. to determine and cover any taxes, fees, or obligations required to fulfill this net payment. \n\nI am not pursuing this matter out of malice or greed. I am doing so because the situation has deeply affected my emotional and mental state and because I believe it is time that platforms take accountability when their systems fail real people at real moments. \n\nI am willing to resolve this quietly and respectfully. If no resolution is provided within one ( 1 ) business day, I will escalate to all legal and public channels necessary.\n\nJust so Im clear, this net-after-tax condition applies to any and all future settlement offers, discussions, or agreements now and moving forward unless explicitly renegotiated in writing. \n\nAs part of the settlement, I request full forgiveness and closure of the outstanding loan balance ( approximately {$100.00} ), which was issued under an invalid and improperly verified legal name. This loan, while minor in amount, became a central catalyst to significant systemic failures. It should be extinguished in full as part of this resolution. \n\nUpon acceptance of this settlement agreement and full payment of the agreed net amount, the matter shall be considered fully resolved. \n\nThe undersigned shall not be subject to any further inquiry, retaliation, account restrictions, service limitations, or interference of any kind by Cash App ( Block, Inc. ), its affiliates, representatives, or agents. \n\nFurthermore, no internal or external actions shall be taken against the undersigned in response to this complaint, communication history, or settlement terms. \n\nThis clause is binding and shall survive the settlement in perpetuity. \n\nI had every reason to go higher, but I wont because Im a man of my word. I gave you a number I believed was fair, and Im sticking to it. That was the deal before the fallout, and its still the deal now. But if we go to court or keep stalling that offer is gone.\n\nPs As of XXXX this is still ongoing, nor has a cash app rep called me personally to say lets get this fixed its important I feel like Im the only one taking it as a serious matter!!\n\nHeres a summarized timeline : XX/XX/XXXX : I borrow money via Cash App Same day : I receive an email confirming a legal name change Following days : Repeated attempts to correct the issue blocked Present : Still unresolved typo still shown on my account Ive submitted ID, a selfie, and written declarations. Nothing has been fixed. \n\nSincerely, XXXX XXXX","date_sent_to_company":"2025-08-13T17:56:35.000Z","issue":"Managing, opening, or closing your mobile wallet account","sub_product":"Mobile or digital wallet","zip_code":"851XX","tags":null,"has_narrative":true,"complaint_id":"15124916","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Block, Inc.","date_received":"2025-08-06T15:11:04.000Z","state":"AZ","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["This is in <em>addition</em> to the net-after-tax compensation requested below and does not affect the final figure. In the event I do not retain legal representation, I am willing to return any allocated legal funds <em>upon</em> formal <em>invoice</em> request. \n\n\nWhile your delay in response falls within your lawful right under CFPB guidelines, it ultimately served only to strengthen my position."]},"sort":[7.747243,"15124916"]},{"_index":"complaint-public-v1","_id":"4299919","_score":7.742754,"_source":{"product":"Student loan","complaint_what_happened":"To Whom It May Concern, I hope this email finds you well as I would like to address a most difficult time I am having with Navient-repeatedly. \n\n\nPublic release statements from President, Department of Education  and XXXX XXXX XXXX  state addressing student loans : student loan payment pause, auto forbearance, no interest and no late fees. ( see attached ) XXXX Trump suspends student loan payments through XX/XX/XXXXXXXX XXXX XXXX XXXX? XXXX XXXX Original coronavirus relief bill, known as the CARES Act and signed into law on XX/XX/XXXX, helped most federal student loan borrowers by temporarily pausing payments ... executive action will automatically continue the pause on federal student loan payment XXXX XXXX XXXXXXXX : XXXX XXXX US government automatically suspended payments and waived interest on federal student loans through XXXX. Trump later moved the expiration date to the end of the year by executive order. \nThe suspension and interest waiver applied only to federally held loans, which covered roughly 85 % of federal student loans. That included loans known as Direct federal loans, as well as PLUS loans that parents may have taken out on behalf of their children. \n\nXXXX XXXX XXXX XXXX XXXX XXXX extends student loan payment pause for 42 million borrowers amid covid crisis ... Federal student loan borrowers dont need to resume making their monthly payments until XX/XX/XXXX. \n\nXXXX XXXX XXXXXXXX XXXX Biden extends student loan payment deferrals until XXXXXXXX XXXX XXXX XXXXXXXX XXXX Since XXXX, all federal student loan payments have been suspended as part of the federal government Covid 19 response XXXX XXXX XXXXXXXX/ Even with numerous public statements, Navient continued to charge late fees XXXX interest and blatantly disregarded my request for a forbearance. Yet, Navient took it upon themselves to capriciously auto forbearance when Texas experienced power outage?! Then arbitrarily released it when they deemed fitting. \n\nIn fact, Navient in an email XXXX wrote We previously granted a national emergency forbearance on your Federal student loans due to the Coronavirus pandemic. Your forbearance has expired and your account is now past due. \n\nThat is most interesting as I never inquired about a Covid forbearance during this time, I was making monthly payments. After watching the aforementioned public releases, I contact Navient. To date, Navient has demonstrated cavalier, what feels like capricious servicing in deciding when a forbearance is issued and when it is retracted. In fact, they dont recognize my written request. \n\nXXXX Asking why student loans are being charged interest and late fees after the President and Depart of Education froze student loans per numerous public release statements. ( attached ) Navient responds back alleging unable to discuss specific information via email. Were able to assist you via phone, just call XXXX ( see attached ) XXXX Navient sent an email claiming you may qualify to reduce or postpone federal student loan payments I responded will Navient be recognizing and adhering to the federal student loan payment freeze including interest? ( see attached ) As a result of Navient not freezing student loan payment, interest and late fee occurring, I emailed Department of Education and requested clarity. \n\nOn XXXX The Department of Education responded via email stating All federal student loans are automatically being placed in an administrative forbearance that allows you to stop making your payments from XX/XX/XXXX through XXXX XXXX. The interest rate for Federal Direct Loans has been temporarily set to 0 % starting XX/XX/XXXX through XXXX XXXX ( see attached ) This email was forwarded to Navient. \n\nA second email from StudentAid.gov specifically states All federal student loans are automatically being placed in an administrative forbearance that allows you to stop making your payments from XX/XX/XXXX through XX/XX/XXXX. \nThe interest rate for Federal Direct Loans has been temporarily set to 0 %, starting XX/XX/XXXX, through XX/XX/XXXX. Federal Family Education Loans ( FFEL ) and XXXX XXXX owned by the Department of Education ( ED ) are also included. \nDefaulted loans owned by ED will not accrue interest from XX/XX/XXXX, through XX/XX/XXXX. \nThat includes Direct Loans and FFEL Program loans owned by ED. \nBy XXXX Navient sent an email stating we havent received a payment from you. \n\nIn response, XXXX, I sent another email to XXXX XXXX ( XXXX ) and XXXXXXXX XXXX XXXX restating the email from XXXX. Requesting forbearance and interest adjusted according to recent public releases. ( Recall from above the student loans are supposed to be on auto forbearance stated publicly by President, Dept of Education and also XXXX XXXXXXXX XXXX, all of which was provided to Navient ; yet, my loans are accruing interest and late fees. ) After no response from Navient, XXXX XXXX ( XXXX ), XXXX XXXX ( XXXX ) and XXXX XXXXXXXX XXXX were again sent the email directly from Department of Education pertaining to student loan payments, interest and late fees. Requesting forbearance on the account, in alignment with the email from Department of Education. \n\nYou can imagine my surprise, on XXXX to get an invoice from Navient requesting a payment for {$350.00}. That is quite a distance from the standard {$85.00} per month. On the same day, XXXX XXXX with Navient sends an email claiming you may qualify to reduce or postpone your federal student loan payments. In response, I forward to Ms. XXXX the email from Department of Education regarding student loans, interest and late fees. In the email I mention my 3rd request for a forbearance, that up to this point, is still not on the account. \n\nNavient replied on XXXX claiming were unable to discuss specific account information via email and requested I call. \n\nCome XXXX Navient arbitrarily and capricious placed my student loan on forbearance due to natural disaster in Texas. \n\nBy this point of waiting hours on the phone to speak to someone with Navient, which is not realistic for anyones schedule. I sent an email to XXXX. Identified in great detail the inability for Navient to answer a few basic questions regarding the Presidents executive order, Department of Education public release statements and XXXX XXXXXXXX XXXX reports. My email included the many sources for reference, requesting interest be adjusted on my account to align with the public policy. In addition, I also supplied the advocate a historical record of where interest and late fees were being charged, which did not align with current public policy, collaborated by the email from Dept. of Education. And the most recent statement showing payment increased from {$85.00} to {$350.00} per month. Another written request for a forbearance was included in the email. \n\nOffice of Customer Advocate, XXXX XXXX. Mrs. XXXX ( XXXX ) replied in an email claiming ONLY Department of Education loans are eligible for relief. She proceeds to claim my student loans are not eligible for interest waiver or automatic payment suspensions. Dept. of Education clearly states All federal student loans are automatically being placed in an administrative forbearance that allows you to stop making your payments from XX/XX/XXXX through XX/XX/XXXX. The interest rate for Federal Direct Loans has been temporarily set to 0 %, starting XX/XX/XXXX, through XX/XX/XXXX. Federal Family Education Loans ( FFEL ) and Perkins Loans owned by the Department of Education ( ED ) are also included. Defaulted loans owned by ED will not accrue interest from XX/XX/XXXX, through XX/XX/XXXX, XXXX.That includes Direct Loans and FFEL Program loans owned by ED. \nShe continues to claim forbearance is available for borrowers who request it. I have requested in writing numerous times ; and yet, never received it. \n\nWithin a day of bringing the inflated payment schedule change to Ms. XXXX attention, the following day XXXX I received an email reflecting the expected {$85.00} payment due. \n\nUp to this point, I have requested a forbearance 3x in writing and have not received it. \n\nMrs. XXXX continues on to admit a natural disaster forbearance was applied to loans from Texas on XXXX, citing the next payment is due XXXX. \n\nMs. XXXX prefers to send emails where they are encrypted. Due to the method in which she sends the emails, they require a computer to open them. The password protected document may not be able to be opened on any mobile device such as a phone or tablet. We suggest that you open the document with either a laptop or desktop computer. If one is not near or have available either a laptop or desktop the customer can not open the email. \n\nXXXX I responded to Mr. XXXX ( XXXX ) citing the reason I contacted the Department of Education to clarify for interpretation the Department of Education official stance on student loan repayments and who they did and did not cover. In fact, Department of Education email states all student loans. Inquired about the repeated forbearance, that has yet to be applied nor request acknowledged. Requested a forbearance. \n\nAfter emailing Navient the email directly from Department of Education stating all student loans, Ms. XXXX notifies me they now need to research the account. ( Recall a while back, Navient, was given the email from Department of Education a few times along with multiple URLs regarding Presidential executive orders ) To add to frustration, Navient continued to address me by the incorrect gender, after correcting them more than once.\n\nStudent Loan repayments are difficult enough given the mandated lockdowns, people losing their jobs, depleting savings and trying to stay afloat. When public officials who regulate students loans from the President a\nnd Dept. of Education issue a written statement about student loans, is the servicer in a position to interpret what that means? \n\nSo, a student loan servicer can issue a forbearance at their whim ; but disregard a customers request to get one?\n\nA payment jumps from {$85.00} to over {$350.00} in one month with little to no explanation? Yet, when it is brought to Navients attention, within days it is corrected? What if the customer had not caught it and auto paid it?\n\nAdditional concerns : 1. The balance on Studentaid.gov is different than Navient is reporting. 2. StudentAid.gov shows a forbearance status ; yet Navient site does not report a forbearance status. \n3. Studentaid.gov cite is not showing the late fees and interest as Navient site is assessing 4. The student loans FFELP are specifically mentioned in Department of Education email surrounding : 0 %, late fees and forbearance. \n\nThese are some of the reasons, I feel like I am reading a similar story when I read the article below. It is also a reason why I know someone needs to open an inquiry into the internal operations and applying the directives of government entities. \n\nAfter reading this article, XXXX XXXX XXXXXXXX it feels very similar to what I am experiencing and what I am hearing.","date_sent_to_company":"2021-04-15T15:19:45.000Z","issue":"Dealing with your lender or servicer","sub_product":"Federal student loan servicing","zip_code":"75035","tags":null,"has_narrative":true,"complaint_id":"4299919","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Navient Solutions, LLC.","date_received":"2021-04-15T14:19:53.000Z","state":"TX","company_public_response":null,"sub_issue":"Received bad information about your loan"},"highlight":{"complaint_what_happened":["You can imagine my surprise, on XXXX to get an <em>invoice</em> from Navient requesting a <em>payment</em> for {$350.00}. That is quite a distance from the standard {$85.00} per month. On the same day, XXXX XXXX with Navient sends an email claiming you may qualify to reduce or postpone your federal student loan <em>payments</em>. In response, I forward to Ms. XXXX the email from Department of Education regarding student loans, interest and late fees."]},"sort":[7.742754,"4299919"]},{"_index":"complaint-public-v1","_id":"3106741","_score":6.1012583,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I am disputing an entry on my credit report. I have contacted your company over the phone and U.S mail about inaccurate information on my credit file, but could not retrieve the information below. Due to the past history with Ally Financial misapplying payments on this account to the wrong account number and improper procedures without providing proper paperwork of discharge. \n\n\nSection 1036 of the frank Dodd act of 2011 prohibits covered persons and service providers from engaging in unfair deceptive or abusive acts or practices. This act also prohibits abusive practices. This is a an abusive business practice and deceptive. The state attorney general can also sue your company for unfair and deceptive practices. \nDeceptive practices are defined as a representation omission or a practice that is likely to mislead a consumer acting reasonably under the circumstances. \nLegal and unfair practice is any or all practices that causes or is likely to cause injury to consumers where the injury can not be avoided by the consumer. This is unauthorized billing that caused substantial injury. \nTo measure unfairness, An legal assessment of an Unfairness test requires weighing cost and benefits of business practice. This particular practice resulted in substantial injury to my person. The cost outweighs the benefit and that is what legally makes this practice unfair. I do not have any legally binding contract with. Therefore your inaccurate and invalid entry on my credit is considered material to my decision making in terms of all credit related purchases 15 U.S.C. 1681 Sec ( a ) ( 1 ) ( 4 ) states The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. Under these findings I exercise my right to validate your claim. \n\nThe Fair Credit Billing Act requires that you bill correctly, that each statement be sent to the correct address, that you not ignore change of address requests, and that you facilitate disputed charges in a manner prescribed by law. The Act also stipulates that you provide lawfully requested information concerning my account upon request in a timely manner.\n\nPlease provide my consumer disclosure file under FCRA Section 609 ( a ) ( 1 ) and provide me with the date of first delinquency ( which starts at the 30th day of delinquency. I have reason to believe that your information is incorrect. \n\nThis is an attempt to validate and verify a debt against Ally Financial, the parties of which may collectively be known as Debt Collector ( s ), under the Fair Debt Collection Practices Act ( hereinafter FDCPA ). I am exercising my legal right to validate a debt that your company claims is owed. \n\n\nPlease provide the following verifications and proof of debt as follows : I demand you forward a notarized statement on your letterhead which will attest to your compliance to the FCBA generally and to my account specifically throughout the period I have been a customer. Otherwise, delete the negative marks you have reported to the three consumer reporting agencies within the timely manner prescribed by law. \n\n\nI demand you provide verification of your claim that the Account XXXX held by Ally Financial per FCRA and FDPCA. \n\nI demand you provide verification balance due. Your entry on my credit file is inaccurate/incorrect. \n\nI demand you provide verification of certified letter of reinstatement. Your entry on my credit file is inaccurate/incorrect. \n\nI demand you provide verification of a letter of notice of sale. Your entry on my credit file is inaccurate/incorrect. \n\nI demand you provide verification of a deficiency notice. Your entry on my credit file is inaccurate/incorrect. \n\nTo provide proof you must exhibit an original, or a genuine instrument in accordance with the UCC inter alia, Georgia State Law, UCC 3-501 ( B ) ( 12 ), and any local applicable laws, inclusive of the genuine original Promissory Note and genuine original allonge ( s ) showing chain of title, and the official accounting ledger. \n\nTo provide proof you must exhibit an authoritative copy of the obligatory instrument or record, timed and date-stamped, which identifies Ally Financial as the assignee of the alleged Secured Party as the assignee of the record or records. To be valid, copies or revisions that add or change the Assignee of the authoritative copy can be made only with the participation of the secured party pursuant UCC 9-105.\n\nPlease provide my consumer disclosure file under FCRA Section 609 ( a ) ( 1 ) and provide me with the date of first delinquency. I  have reason to believe that your information is incorrect. \n\nI demand proof that the Account # XXXX does indeed reflect a balance XXXX from the original creditor on the date that the debt was charged off and/or closed. I have seen no proof to support your allegation and I believe no such proof exists. \n\nPlease provide an audit and account shall be conducted in accordance with the generally accepted government auditing standards, the Comptroller Generals standards for audits of federal organizations, OMB Circular A-732 as basic audit criteria for federal agencies. \n\nI am also demanding a promissory note and/or an Assignment of Debt Agreement and also that the value of the attached is not sufficient to discharge this debt under the following laws : Fair debt collection Practices ACT ( FDCPA ), 15 U.S.C 1692 et seq., 1978 Title VIII of the Consumer Credit Protection ACT of 1978 The Indentured Trust ACT of 1939 HJR 192, 112 Statues at Large 48, and P.L. 73.10 of 1933 The Securities Exchange Act of 1934 The Fair Credit reporting Act Public Law No. 91-508 enacted in 1970 12 USC 411, P.L. 97-280 UCC 1-103, 1-308, 2-221, 2-104, 3-415-419, 3-500-510 The Debt Collector is given notice that pursuant U.S.C sec 1692g ( b ) : if the consumer gives notice to the debt collector in writing within the thirty-day ( 30 ) period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a void judgment, or the name and address of the original creditor, is mailed to the consumer by the collector, and in 15 U.S.C. 1681-1681 ( u ). If any of these accounts are over seven ( 7 ) years old, can not be verified and/or have been discharged, written off, charged off, sold, referred to a third party, or can not be validated, Affiant requires that these statements be deleted from the Consumers credit report. \n\nBe advised that verification is defined ( XXXX XXXX XXXX, XXXX XXXX ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or disposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party. \n\nDebt collector is further noticed that this is not a request by Affiant for a photocopy of any invoice, statement, bill, summary, agreement and the like and that any future communication received by Affiant from Debt Collector, in written as well as any other form, absent the above-cited requisite Verification of debt, irrespective of the inclusion of any photocopy of any related involve, statement, bill summary, agreement, and the like, constitutes Debt Collectors tacit admission, confession and agreement that Debt Collector has no lawful, bona fide, verifiable claim, re the alleged account, as per the Fair Credit Reporting Act and the Fair Debt Collection Practices, and Uniform Commercial Code ( UCC ). \n\nThis lawful request is made in accordance with the aforementioned authorities and shall further serve as a request for records as set-forth in the Administrative Procedure Act [ USC 5 551 ]. In addition to other applicable provisions under this Act, you are advised of the obligation to notify me within ten ( 10 ) days ( excepting Saturdays, Sundays, and legal public holidays ) after the receipt of my request to inform me of any refusal or unwillingness to comply, or provide records. \n\nThis is NOT a request for verification of charged off account only, but a request for validation and/or accounting where necessary as described above. During this verification and validation period, should any action be undertaken which could be detrimental to any portion of the credit files related hereto, it will constitute a breach and will result in consultation with legal counsel. This includes any listing of any information to any credit reporting repository that could be inaccurate or invalid or verifying an account as accurate when in fact there is no certified valid proof that it is.","date_sent_to_company":"2018-12-21T08:27:12.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"30238","tags":null,"has_narrative":true,"complaint_id":"3106741","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ALLY FINANCIAL INC.","date_received":"2018-12-21T03:14:48.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["To provide proof you must exhibit an original, or a genuine instrument in accordance with the UCC inter alia, Georgia State Law, UCC 3-501 ( B ) ( 12 ), and any local applicable laws, inclusive of the genuine original Promissory Note and genuine original allonge ( s ) showing chain of title, and the <em>official</em> accounting ledger."]},"sort":[6.1012583,"3106741"]},{"_index":"complaint-public-v1","_id":"7073501","_score":5.923641,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"XXXX XXXX Main Office : XXXX XXXX XXXX, XXXX, GA XXXX XXXX XXXX : XXXX XXXX  XXXX, XXXX, GA XXXX XXXX XXXX : XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, GA XXXX ( XXXX ) XXXX RE : XXXX XXXX  ( XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX  ) XXXX XXXX Account : XXXX XXXX ACCOUNT : XXXX XXXX XXXX XXXXXXXX XXXX XXXX CASE XXXX PLEASE SEND THE COMPLAINT TO THE ABOVE XXXX  XXXX Dear Friend : In XX/XX/2022 I purchased a new HVAC home system for and all in finance cost of {$8.00}. I was informed by the XXXX  sales person that the equipment was being financed without interest. \n\nI was under the assumption that XXXX  would service and managed the relationship. \n\nUpon receiving my first billing invoice I was surprised that all customer service phone numbers and efforts to contact were Wells Fargo Bank retaIl credit servicing. IN FACT, IT WAS THE CREDIT CARD GROUP. \nI WAS NOT INFORMED THAT I WAS APPLYING FOR A WELLS FARGO LOAN OR CREDIT CARD. \n\nWells Fargo involvement was not disclosed previously I would not have finance a purchase with Wells Fargo due my previous experience of horrible service and consumer abuse. In addition, XXXX XXXX has a well documented history of customer fraud with XXXX XXXX  and other historically disadvantaged groups. \n\nI paid my first monthly payment with my XXXX XXXX XXXX in XXXX. When billed. In XXXX was surprised that the invoice classified my account as past due. \n\nUpon contacting Wells Fargo, because I could not find XXXX contact information, I discovered that my account had been classified as past due because Wells Fargo does the accept payments from XXXX XXXX. \n\nWhen. I made the XXXX payment, the XXXX XXXX card was not rejected nor was there a disclosure warning against bank card acceptance. \n\nThe remedies following : The removal of all late fees from my account. \nDisclosure of the effective interest rate embedded and principal balance. \nRestitution for failure to disclose Wells Fargo as the servicer and lender. \nLoan transfer solutions LEGAL CONSIDERATIONS : Wells Fargo Federal and XXXX XXXX XXXX violations STATE OF GEORGIA Every consumer loan transaction shall be pursuant to a written loan contract which may include a loan voucher, itemized statement of loan and charges, and disclosure statement. The loan contract shall be signed by the consumer and delivered to the consumer at the time it is executed by him or her. The loan contract shall be contained in a single document which may contain more than one page. \n\nSincerely, XXXX XXXX, CFA WELL FARGO WAS NOT DISCLOSED AS THE LENDER THE PRINCIPAL AND INTEREST RATE WAS NOT DISCLOSED WELLS FARGO FEDERAL VIOLATIONS 1026.18 Content of disclosures. \nFor each transaction other than a mortgage transaction subject to 1026.19 ( e ) and ( f ), the creditor shall disclose the following information as applicable : ( a ) Creditor. The identity of the creditor making the disclosures. \n( b ) Amount financed. The amount financed, using that term, and a brief description such as the amount of credit provided to you or on your behalf. The amount financed is calculated by : ( 1 ) Determining the principal loan amount or the cash price ( subtracting any downpayment ) ; ( 2 ) Adding any other amounts that are financed by the creditor and are not part of the finance charge ; and ( 3 ) Subtracting any prepaid finance charge. \n( c ) Itemization of amount financed. \n( 1 ) Except as provided in paragraphs ( c ) ( 2 ) and ( c ) ( 3 ) of this section, a separate written itemization of the amount financed, including : ( i ) The amount of any proceeds distributed directly to the consumer. \n( ii ) The amount credited to the consumer 's account with the creditor. \n( iii ) Any amounts paid to other persons by the creditor on the consumer 's behalf. The creditor shall identify those persons. The following payees may be described using generic or other general terms and need not be further identified : public officials or government agencies, credit reporting agencies, appraisers, and insurance companies. \n( iv ) The prepaid finance charge. \n( 2 ) The creditor need not comply with paragraph ( c ) ( 1 ) of this section if the creditor provides a statement that the consumer has the right to receive a written itemization of the amount financed, together with a space for the consumer to indicate whether it is desired, and the consumer does not request it. \n( 3 ) Good faith estimates of settlement costs provided for transactions subject to the Real Estate Settlement Procedures Act ( 12 U.S.C. 2601 et seq. ) may be substituted for the disclosures required by paragraph ( c ) ( 1 ) of this section.\n\n( d ) Finance charge. The finance charge, using that term, and a brief description such as the dollar amount the credit will cost you. \n( 1 ) Mortgage loans. In a transaction secured by real property or a dwelling, the disclosed finance charge and other disclosures affected by the disclosed finance charge ( including the amount financed and the annual percentage rate ) shall be treated as accurate if the amount disclosed as the finance charge : ( i ) Is understated by no more than {$100.00} ; or ( ii ) Is greater than the amount required to be disclosed. \n( 2 ) Other credit. In any other transaction, the amount disclosed as the finance charge shall be treated as accurate if, in a transaction involving an amount financed of {$1000.00} or less, it is not more than {$5.00} above or below the amount required to be disclosed ; or, in a transaction involving an amount financed of more than {$1000.00}, it is not more than {$10.00} above or below the amount required to be disclosed. \n( e ) Annual percentage rate. The annual percentage rate, using that term, and a brief description such as the cost of your credit as a yearly rate. For any transaction involving a finance charge of {$5.00} or less on an amount financed of {$75.00} or less, or a finance charge of {$7.00} or less on an amount financed of more than {$75.00}, the creditor need not disclose the annual percentage rate. \n( f ) Variable rate. \n( 1 ) Except as provided in paragraph ( f ) ( 3 ) of this section, if the annual percentage rate may increase after consummation in a transaction not secured by the consumer 's principal dwelling or in a transaction secured by the consumer 's principal dwelling with a term of one year or less, the following disclosures : ( i ) The circumstances under which the rate may increase.\n\n( ii ) Any limitations on the increase. \n( iii ) The effect of an increase. \n( iv ) An example of the payment terms that would result from an increase. \n( 2 ) If the annual percentage rate may increase after consummation in a transaction secured by the consumer 's principal dwelling with a term greater than one year, the following disclosures : ( i ) The fact that the transaction contains a variable-rate feature. \n( ii ) A statement that variable-rate disclosures have been provided earlier. \n( XXXX ) Information provided in accordance with 1026.18 ( f ) ( 2 ) and 1026.19 ( b ) may be substituted for the disclosures required by paragraph ( f ) ( 1 ) of this section. \n( g ) Payment schedule. Other than for a transaction that is subject to paragraph ( s ) of this section, the number, amounts, and timing of payments scheduled to repay the obligation.\n\n( 1 ) In a demand obligation with no alternate maturity date, the creditor may comply with this paragraph by disclosing the due dates or payment periods of any scheduled interest payments for the first year. \n( 2 ) In a transaction in which a series of payments varies because a finance charge is applied to the unpaid principal balance, the creditor may comply with this paragraph by disclosing the following information : ( i ) The dollar amounts of the largest and smallest payments in the series.\n\n( ii ) A reference to the variations in the other payments in the series.\n\n( h ) Total of payments. The total of payments, using that term, and a descriptive explanation such as the amount you will have paid when you have made all scheduled payments. In any transaction involving a single payment, the creditor need not disclose the total of payments.\n\n( i ) Demand feature. If the obligation has a demand feature, that fact shall be disclosed. When the disclosures are based on an assumed maturity of 1 year as provided in 1026.17 ( c ) ( 5 ), that fact shall also be disclosed. \n( j ) Total sale price. In a credit sale, the total sale price, using that term, and a descriptive explanation ( including the amount of any downpayment ) such as the total price of your purchase on credit, including your downpayment of $ __. The total sale price is the sum of the cash price, the items described in paragraph ( b ) ( 2 ), and the finance charge disclosed under paragraph ( d ) of this section.\n\n( k ) Prepayment.\n\n( 1 ) When an obligation includes a finance charge computed from time to time by application of a rate to the unpaid principal balance, a statement indicating whether or not a charge may be imposed for paying all or part of a loan 's principal balance before the date on which the principal is due.\n\n( 2 ) When an obligation includes a finance charge other than the finance charge described in paragraph ( k ) ( 1 ) of this section, a statement indicating whether or not the consumer is entitled to a rebate of any finance charge if the obligation is prepaid in full or in part.\n\n( l ) Late payment. Any dollar or percentage charge that may be imposed before maturity due to a late payment, other than a deferral or extension charge.\n\n( m ) Security interest. The fact that the creditor has or will acquire a security interest in the property purchased as part of the transaction, or in other property identified by item or type.\n\n( n ) Insurance and debt cancellation. The items required by 1026.4 ( d ) in order to exclude certain insurance premiums and debt cancellation fees from the finance charge.\n\n( o ) Certain security interest charges. The disclosures required by 1026.4 ( e ) in order to exclude from the finance charge certain fees prescribed by law or certain premiums for insurance in lieu of perfecting a security interest.\n\n( p ) Contract reference. A statement that the consumer should refer to the appropriate contract document for information about nonpayment, default, the right to accelerate the maturity of the obligation, and prepayment rebates and penalties. At the creditor 's option, the statement may also include a reference to the contract for further information about security interests and, in a residential mortgage transaction, about the creditor 's policy regarding assumption of the obligation.\n\n( q ) Assumption policy. In a residential mortgage transaction, a statement whether or not a subsequent purchaser of the dwelling from the consumer may be permitted to assume the remaining obligation on its original terms.\n\n( r ) Required deposit. If the creditor requires the consumer to maintain a deposit as a condition of the specific transaction, a statement that the annual percentage rate does not reflect the effect of the required deposit. A required deposit need not include, for example : ( 1 ) An escrow account for items such as taxes, insurance or repairs ; ( 2 ) A deposit that earns not less than 5 percent per year; or ( 3 ) Payments under a Morris Plan.\n\n( s ) Interest rate and payment summary for mortgage transactions. For a closed-end transaction secured by real property or a dwelling, other than a transaction that is subject to 1026.19 ( e ) and ( f ), the creditor shall disclose the following information about the interest rate and payments : ( 1 ) Form of disclosures. The information in paragraphs ( s ) ( 2 ) - ( 4 ) of this section shall be in the form of a table, with no more than five columns, with headings and format substantially similar to Model Clause H-4 ( E ), H-4 ( F ), H-4 ( G ), or H-4 ( H ) in appendix H to this part. The table shall contain only the information required in paragraphs ( s ) ( 2 ) - ( 4 ) of this section, shall be placed in a prominent location, and shall be in a minimum 10-point font.\n\n( 2 ) Interest rates ( i ) Amortizing loans.\n\n( A ) For a fixed-rate mortgage, the interest rate at consummation.\n\n( B ) For an adjustable-rate or step-rate mortgage : ( 1 ) The interest rate at consummation and the period of time until the first interest rate adjustment may occur, labeled as the introductory rate and monthly payment ; ( 2 ) The maximum interest rate that may apply during the first five years after the date on which the first regular periodic payment will be due and the earliest date on which that rate may apply, labeled as maximum during first five years ; and ( 3 ) The maximum interest rate that may apply during the life of the loan and the earliest date on which that rate may apply, labeled as maximum ever.\n\n( C ) If the loan provides for payment increases as described in paragraph ( s ) ( 3 ) ( i ) ( B ) of this section, the interest rate in effect at the time the first such payment increase is scheduled to occur and the date on which the increase will occur, labeled as first adjustment if the loan is an adjustable-rate mortgage or, otherwise, labeled as first increase.\n\n( ii ) Negative amortization loans. For a negative amortization loan : ( A ) The interest rate at consummation and, if it will adjust after consummation, the length of time until it will adjust, and the label introductory or intro ; ( B ) The maximum interest rate that could apply when the consumer must begin making fully amortizing payments under the terms of the legal obligation ; ( C ) If the minimum required payment will increase before the consumer must begin making fully amortizing payments, the maximum interest rate that could apply at the time of the first payment increase and the date the increase is scheduled to occur ; and ( D ) If a second increase in the minimum required payment may occur before the consumer must begin making fully amortizing payments, the maximum interest rate that could apply at the time of the second payment increase and the date the increase is scheduled to occur.\n\n( iii ) Introductory rate disclosure for amortizing adjustable-rate mortgages. For an amortizing adjustable-rate mortgage, if the interest rate at consummation is less than the fully-indexed rate, placed in a box directly beneath the table required by paragraph ( s ) ( 1 ) of this section, in a format substantially similar to Model Clause H-4 ( I ) in appendix H to this part : ( A ) The interest rate that applies at consummation and the period of time for which it applies ; ( B ) A statement that, even if market rates do not change, the interest rate will increase at the first adjustment and a designation of the place in sequence of the month or year, as applicable, of such rate adjustment ; and ( C ) The fully-indexed rate.\n\n( 3 ) Payments for amortizing loans ( i ) Principal and interest payments. If all periodic payments will be applied to accrued interest and principal, for each interest rate disclosed under paragraph ( s ) ( 2 ) ( i ) of this section : ( A ) The corresponding periodic principal and interest payment, labeled as principal and interest ; ( B ) If the periodic payment may increase without regard to an interest rate adjustment, the payment that corresponds to the first such increase and the earliest date on which the increase could occur ; ( C ) If an escrow account will be established, an estimate of the amount of taxes and insurance, including any mortgage insurance or any functional equivalent, payable with each periodic payment ; and ( D ) The sum of the amounts disclosed under paragraphs ( s ) ( 3 ) ( i ) ( A ) and ( C ) of this section or ( s ) ( 3 ) ( i ) ( B ) and ( C ) of this section, as applicable, labeled as total estimated monthly payment.\n\n( ii ) Interest-only payments. If the loan is an interest-only loan, for each interest rate disclosed under paragraph ( s ) ( 2 ) ( i ) of this section, the corresponding periodic payment and : ( A ) If the payment will be applied to only accrued interest, the amount applied to interest, labeled as interest payment, and a statement that none of the payment is being applied to principal ; ( B ) If the payment will be applied to accrued interest and principal, an itemization of the amount of the first such payment applied to accrued interest and to principal, labeled as interest payment and principal payment, respectively ; ( C ) The escrow information described in paragraph ( s ) ( 3 ) ( i ) ( C ) of this section ; and ( D ) The sum of all amounts required to be disclosed under paragraphs ( s ) ( 3 ) ( ii ) ( A ) and ( C ) of this section or ( s ) ( 3 ) ( ii ) ( B ) and ( C ) of this section, as applicable, labeled as total estimated monthly payment.\n\n( 4 ) Payments for negative amortization loans. For negative amortization loans : ( i ) ( A ) The minimum periodic payment required until the first payment increase or interest rate increase, corresponding to the interest rate disclosed under paragraph ( s ) ( 2 ) ( ii ) ( A ) of this section ; ( B ) The minimum periodic payment that would be due at the first payment increase and the second, if any, corresponding to the interest rates described in paragraphs ( s ) ( 2 ) ( ii ) ( C ) and ( D ) of this section ; and ( C ) A statement that the minimum payment pays only some interest, does not repay any principal, and will cause the loan amount to increase ; ( ii ) The fully amortizing periodic payment amount at the earliest time when such a payment must be made, corresponding to the interest rate disclosed under paragraph ( s ) ( 2 ) ( ii ) ( B ) of this section ; and ( iii ) If applicable, in addition to the payments in paragraphs ( s ) ( 4 ) ( i ) and ( ii ) of this section, for each interest rate disclosed under paragraph ( s ) ( 2 ) ( ii ) of this section, the amount of the fully amortizing periodic payment, labeled as the full payment option, and a statement that these payments pay all principal and all accrued interest.\n\n( 5 ) Balloon payments.\n\n( i ) Except as provided in paragraph ( s ) ( 5 ) ( ii ) of this section, if the transaction will require a balloon payment, defined as a payment that is more than two times a regular periodic payment, the balloon payment shall be disclosed separately from other periodic payments disclosed in the table under this paragraph ( s ), outside the table and in a manner substantially similar to Model Clause H-4 ( J ) in appendix H to this part.\n\n( ii ) If the balloon payment is scheduled to occur at the same time as another payment required to be disclosed in the table pursuant to paragraph ( s ) ( 3 ) or ( s ) ( 4 ) of this section, then the balloon payment must be disclosed in the table.\n\n( 6 ) Special disclosures for loans with negative amortization. For a negative amortization loan, the following information, in close proximity to the table required in paragraph ( s ) ( 1 ) of this section, with headings, content, and format substantially similar to Model Clause H-4 ( G ) in appendix H to this part : ( i ) The maximum interest rate, the shortest period of time in which such interest rate could be reached, the amount of estimated taxes and insurance included in each payment disclosed, and a statement that the loan offers payment options, two of which are shown.\n\n( ii ) The dollar amount of the increase in the loan 's principal balance if the consumer makes only the minimum required payments for the maximum possible time and the earliest date on which the consumer must begin making fully amortizing payments, assuming that the maximum interest rate is reached at the earliest possible time.\n\n( 7 ) Definitions. For purposes of this 1026.18 ( s ) : ( i ) The term adjustable-rate mortgage means a transaction secured by real property or a dwelling for which the annual percentage rate may increase after consummation.\n\n( ii ) The term step-rate mortgage means a transaction secured by real property or a dwelling for which the interest rate will change after consummation, and the rates that will apply and the periods for which they will apply are known at consummation.\n\n( iii ) The term fixed-rate mortgage means a transaction secured by real property or a dwelling that is not an adjustable-rate mortgage or a step-rate mortgage.\n\n( iv ) The term interest-only means that, under the terms of the legal obligation, one or more of the periodic payments may be applied solely to accrued interest and not to loan principal ; an interest-only loan is a loan that permits interest-only payments.\n\n( v ) The term amortizing loan means a loan in which payment of the periodic payments does not result in an increase in the principal balance under the terms of the legal obligation ; the term negative amortization means payment of periodic payments that will result in an increase in the principal balance under the terms of the legal obligation ; the term negative amortization loan means a loan, other than a reverse mortgage subject to 1026.33, that provides for a minimum periodic payment that covers only a portion of the accrued interest, resulting in negative amortization.\n\n( vi ) The term fully-indexed rate means the interest rate calculated using the index value and margin at the time of consummation.\n\n( t ) No-guarantee-to-refinance statement ( 1 ) Disclosure. For a closed-end transaction secured by real property or a dwelling, other than a transaction that is subject to 1026.19 ( e ) and ( f ), the creditor shall disclose a statement that there is no guarantee the consumer can refinance the transaction to lower the interest rate or periodic payments.\n\n( 2 ) Format. The statement required by paragraph ( t ) ( 1 ) of this section must be in a form substantially similar to Model Clause H-4 ( K ) in appendix H to this part.\n\nGA R & R Department 80 Chapter 80-14 Subject 80-14-5 Subject 80-14-5 DISCLOSURE, CHARGES, AND MISCELLANEOUS Rule 80-14-5-.01 Loan Contract, Disclosures, and Limitations ( 1 ) Loan Contract ; Contents.\n\n( a ) Every consumer loan transaction shall be pursuant to a written loan contract which may include a loan voucher, itemized statement of loan and charges, and disclosure statement. The loan contract shall be signed by the consumer and delivered to the consumer at the time it is executed by him or her. The loan contract shall be contained in a single document which may contain more than one page. Printed terms shall be printed in at least six-point standard type.\n\n( b ) In connection with every consumer loan transaction, the consumer shall be furnished a written itemized statement in clear terms and easily understood language which shall show the following : the transaction date, a description of the subject matter and amount of the transaction, a description of the collateral, if any, securing the consumer 's obligations ; the identity and address of the consumer and the identity and address of the creditor ; a schedule of the payments ; the amount of the actual cash advanced to or on behalf of the consumer ; the amount of each class of insurance carried and the premium paid thereon, stated separately for each class of insurance ; and an itemization of the exact amount of the interest, fees, and other charges, if any, showing each element thereof.\n\n( c ) The loan contract shall include immediately above the place for the signature for the parties the following notice : NOTICE TO CONSUMER 1. Do not sign this agreement if it contains any blank spaces.\n\n2. You are entitled to an exact copy of all papers you signed.\n\n3. You have the right at any time to pay in advance the full amount due under this agreement and under certain conditions to obtain a partial refund of the interest charges.\n\n4. If credit life insurance is required, you have the right to purchase either level term life insurance or reducing term life insurance coverage.\n\n5. You are not required to purchase noncredit insurance as a condition of obtaining this loan.\n\n( d ) The creditor shall furnish the consumer with an exact copy of the loan contract including any loan voucher, itemized statement of loan charges, and disclosure statement after the agreement has been signed.\n\n( e ) With respect to every installment loan transaction, the creditor shall, at the time of the transaction, furnish to the consumer a written statement of the maximum number of payments required, the amount of such payments, and the exact due dates upon which each payment is due. The maximum number of payments and the amount and date of such payments need not be separately listed if the payments are stated in terms of a series of scheduled amounts.\n\n( 2 ) The following practices are prohibited in the making of an installment loan pursuant to the Georgia Installment Loan Act : ( a ) Blank Agreements. Every contract evidencing an installment loan transaction shall be completed as to all essential provisions prior to the signing thereof by the parties. No licensee shall induce, encourage, or otherwise permit the consumer to sign a contract containing blank spaces. Blank spaces inapplicable to a transaction must be completed in a manner which reveals their inapplicability.\n\n( b ) Negotiable Instruments. No licensee shall take or otherwise arrange for the consumer to sign an instrument payable \" to order '' or \" to bearer '', other than a check, as evidence of the credit obligation of the consumer in an installment loan transaction.\n\n( c ) Balloon and Irregular Payments. Except for single payment loans, no licensee shall enter into a contract which contains or anticipates a schedule of payments under which the final payment exceeds the amount of any other payment by more than {$1.00}. A single payment loan shall be repayable on terms not to exceed ninety ( 90 ) days. All other installment payments shall be scheduled at regular intervals in equal amounts. Notwithstanding the requirement that payments be made at regular intervals for all loans except for single payment loans, the initial payment on an installment loan shall be due within a period not to exceed forty-five ( 45 ) days from the date on which the loan is made but no sooner than the regular interval for all other installment loan payments.\n\n( d ) Multiple Agreements to the following extent : ( i ) No authorized location of a licensee shall engage in any activity in connection with an installment loan by use of multiple agreements or otherwise as a result of which the authorized location of a licensee charges, contracts for, or receives any other or further amount in connection with an installment loan than that authorized by law for a single loan of a comparable amount.\n\n( ii ) No authorized location of a licensee shall split a consumer loan into separate agreements by spouses if as a result thereof the authorized location of a licensee charges, contracts for, or receives any other or further amount in connection therewith than as authorized by law for a single loan of a comparable amount ; provided, however, that the authorized location of a licensee may make an installment loan to spouses jointly and severally if such loans do not arise out of substantially the same transaction.\n\n( e ) Non-Judicial Enforcement. Notwithstanding any other provision of law, no term of an agreement shall constitute authorization for a licensee to take possession of collateral by other than legal process unless such authorization is clearly, prominently and conspicuously disclosed to the consumer immediately above the place for his signature on the loan agreement or as an addition to the \" NOTICE TO CONSUMER '' specified in subsection ( 1 ) ( c ) of this Rule.\n\n( 3 ) Insurance Permitted.\n\n( a ) With respect to any installment loan transaction, the licensee shall not require any insurance other than insurance covering the loss of or damage to any property in which the creditor is given a security interest. Credit life and credit accident and sickness insurance if required by the licensee, may be provided by the licensee through an insurer authorized to issue such insurance in this State.\n\n( b ) If a licensee requires any insurance permitted under subsection ( 1 ) above in any consumer loan transaction, the consumer shall be given written notice of the option of providing such insurance through an existing policy or a policy independently obtained and paid for by the consumer. If the licensee requires credit life insurance, the licensee shall give the consumer written notice of the consumer 's right to choose either level term life insurance or reducing term life insurance coverage. The licensee may for reasonable cause before credit is extended decline the insurance provided by the consumer.\n\n( c ) Any insurance offered by an installment lender licensee shall comply with any and all applicable insurance laws and regulations.\n\n( 4 ) Discharge of Security Interests. When the consumer is indebted to a particular licensee for two or more consumer loans, any security interest held by such licensee for any particular loan shall be discharged when the loan for which the security interest is held is paid irrespective of indebtedness to the licensee by the consumer on other outstanding installment loans. As a general rule, security interests in terms of property shall terminate as the debt originally incurred with respect to each item is paid and in the case of the consolidation of two or more installment loans or any circumstances in which the general rule is not followed, the licensee may be required by the Department to show that his conduct with respect to such loan transactions was just, fair and reasonable. For the purposes of this Rule, the renewal of a consumer loan shall not be deemed to be payment thereof.\n\n( 5 ) Electronic Transactions Permitted. The provisions of the Uniform Electronic Transactions Act, O.C.G.A. 10-12-1et seq., applies to loans made pursuant to the Georgia Installment Loan Act. Nothing in the Act or the Department 's rules shall be construed as prohibiting installment loans from being originated or closed remotely by a licensee.\n\n( 6 ) Other Purchases. If any loan within the Act is made in conjunction with the provision of any item, service, or commodity incidental to the advancement of funds, or if any other element is introduced into the transaction at the expense of the consumer, then the licensee shall provide to the consumer a separate written disclosure statement. The disclosure statement shall disclose, in no smaller than twelve-point type, the following : ( a ) That the consumer does not have to purchase any such item, service, or commodity, or pay for such element, in order to obtain the loan.\n\n( b ) The cost to the consumer of any such purchase or element.\n\n( c ) The disclosure statement shall contain the consumer 's signed acknowledgement of the consumer 's understanding that such purchase or element is not required and of the specific cost to the borrower for each such item, service, commodity, or element.\n\n( d ) A copy of the signed document shall be provided to the borrower, and the licensee shall retain the original in the loan file.\n\n( 7 ) Receipt. Each consumer shall be provided with a written receipt for each cash payment made showing the licensee 's name on record with the Department, the applicable loan number, the date of the payment, and the dollar amount of the payment.\n\nRule 80-14-5-.02 Maintenance Charges ( 1 ) The following terms shall have the following meaning as used in this Rule unless a different meaning or construction is clearly required by the context : ( a ) '' Earned maintenance charges '' shall mean those maintenance charges which are applicable to those months in the term of the loan contract in which the loan has been maintained by the licensee for a period of time of one ( 1 ) or more complete months. Such earned maintenance charges shall be determined by multiplying the total number of months in the term of the loan contract in which the loan has been maintained by the licensee by the amount of the maintenance charge authorized under O.C.G.A. 7-3-11.\n\n( b ) '' Maintenance charges '' shall mean charges by a licensee for maintaining a loan for a period of one or more months in accordance with the provisions of O.C.G.A. 7-3-11 and this Rule.\n\n( c ) '' Month '' shall mean a complete calendar month for all loans whose contract begins as of the first day of th","date_sent_to_company":"2023-07-13T17:37:25.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"General-purpose credit card or charge card","zip_code":"30328","tags":"Older American","has_narrative":true,"complaint_id":"7073501","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2023-06-05T21:45:20.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit card company isn't resolving a dispute about a purchase on your statement"},"highlight":{"complaint_what_happened":["In <em>addition</em>, XXXX XXXX has a well documented history of customer fraud with XXXX XXXX  and other historically disadvantaged groups. \n\nI paid my first monthly <em>payment</em> with my XXXX XXXX XXXX in XXXX. When billed. In XXXX was surprised that the <em>invoice</em> classified my account as past due. \n\n<em>Upon</em> contacting Wells Fargo, because I could not find XXXX contact information, I discovered that my account had been classified as past due because Wells Fargo does the accept <em>payments</em> from XXXX XXXX. \n\nWhen."]},"sort":[5.923641,"7073501"]},{"_index":"complaint-public-v1","_id":"3733841","_score":5.135879,"_source":{"product":"Checking or savings account","complaint_what_happened":"Consumer Financial Protection Bureau, Please allow this statement to serve as a factual recollection of the events and circumstances that transpired in or around XX/XX/XXXX and involved a demand deposit account ( DDA ) that I had with BB & T Bank ( Now called Truist Bank by Merger and Acquisition with Suntrust Bank ) - opened in or around XX/XX/XXXX. This checking account was the principal transaction account that I used to receive direct deposits from my W-2 employer, XXXX XXXX XXXX   XXXX XXXX, and to receive deposits and conduct withdrawals for both personal expenses and expenses associated with my side-gig, an XXXX XXXX. \n\nUp until the events that lead to the involuntary account closure of my account by BB & T, I did not have any issues or concerns with the services or products they provided to me as a customer. \n\nIn or around late XX/XX/XXXX, I applied for the Small Business Administration 's Economic Injury Advance after Congress replenished funding, so that the SBA may consider and process applicants from industries other than Agricultural. As an XXXX  XXXX who received compensation from private individuals and businesses for XXXX XXXX XXXX, I qualified to apply for this advance via the SBA 's COVID-19 portal. I applied for the advance and was notified via an alert from BB & T Bank on XX/XX/XXXX that a direct deposit in my name, XXXX XXXX XXXX, was received from the Small Business Administration 's Disaster Team ( SBAD ) for {$10000.00} dollars. This advance is authorized under legislation passed by Congress and signed by President Trump for contractors/small businesses experiencing financial hardship as a result of the COVID-19 Public Health Crisis. \n\nLike other similarly situated citizens, I have suffered financially from the COVID-19 crisis and the reduction in revenue due to Stay at Home orders and social distancing led to a significant decline in business and profit. As a result, I had fallen significantly behind on paying vendors for parts, making forbearance arrangements with creditors, and having to negotiate a partial payment plan with my landlord in order to ensure that once the eviction moratorium was lifted, I wouldn't be subject to eviction proceedings. I promptly sent {$800.00} to my roommate in ( 2 ) {$400.00} debit card transactions sent via XXXX XXXX 's \" XXXX XXXX '' and {$2000.00} dollars via the same format to my landlord the morning of XX/XX/XXXX. \n\nLater that afternoon, once I had left my part-time W2 position at a local XXXX XXXX I decided to go to the local branch of BB & T in XXXX, Florida ( where I had also opened my account and where I have historically conducted my financial business ) to make a withdrawal of {$6000.00} dollars to pay my outstanding invoices with automotive parts vendors like XXXX and XXXX - as well as to pay some personal expenses and catch up on utility payments. \n\nMy interaction with bank staff at the local branch was uneasy and I felt that the staff at the Teller station did not accord me with the respect one would expect as a customer. I had not yet gone home when I went to the local branch and so, I was dirty and so were my clothes. At the time I requested the {$6000.00} dollar withdrawal, the teller gave me a look as if there was no way the money I had an account was mine and she and the head teller proceeded to call the bank manager. Now, the bank manager was someone whom I have interacted with in the past and whom I thought had more than just a passing familiarity with me as we have spoken about other financial products in the past.\n\nNow, per Section 6 of the Deposit Account Agreement ( or Banking Services Agreement ), it states the following : We require prior notice for large cash withdrawals. We can refuse an order to withdraw funds in cash or to cash an item if we believe that the request is a security risk or possesses a hardship on the Bank. We may require you to accept an Official Check or electronic transfer to receive the funds. If we agree to a large cash withdrawal, you may be required to employ a courier service acceptable to us and at your risk and expense. If a large cash withdrawal is completed at a branch you will be required to sign a cash withdrawal agreement. Refusal to sign the agreement is grounds for us to revoke the cash withdrawal and require an alternate delivery for the funds. \n\nAt no point did the branch require me to make a request in advance nor did the branch indicate to me that they would be unable or the had security concerns in processing my request ( assuming {$6000.00} dollars is a large cash withdrawal - the banking services agreement which is binding on both myself and BB & T does not provide a dollar amount or range that constitutes or otherwise could be defined as a large cash withdrawal ). \n\nAt that point, the bank manager, XXXX XXXX, proceeded to interrogate me and asked me if I owned   a business. I explained that, in addition to my part-time work as a W-2 employee for the XXXX XXXX, I was also an 1099 XXXX  XXXX for various local businesses, providing XXXX   XXXX XXXX on an as-needed, per-job basis. I explained that I applied for a Small Business Administration advance as the legislation passed by Congress funding the Economic Injury Advance due to COVID-19 specifically authorized individuals like myself, an XXXX XXXX to apply and participate in the Disaster Recovery Program. \n\nIf that constitutes \" XXXX XXXX XXXX XXXX '', then yes, perhaps that meets the definition. However, I have been told that a business account is unnecessary since the majority of my income is not considered consistent ( I have weeks and months of good and bad business ) and therefore, non-employee compensation as shown on a 1099 does not constitute business income within the usual and customary meaning of owning your own business. \n\nIt was at this point that I believe branch staff and the branch manager discriminated against me by failing to fulfill the withdrawal request and it was there actions that caused the account to be restricted and quickly closed thereafter. I felt that I was discriminated against due to being a low-income accountholder. I was never able to transact in that account again, my payroll direct deposit posted the following day thankfully, but as of XX/XX/XXXX, I was informed that my account is officially closed to both credits and debits. \n\nBB & T failed to adhere to its obligations under Section 8 of the Banking Services Agreement titled \" Right to Close Account '', in which it states : You or the Bank may close your account with or without cause at any time. We shall give you either oral or written ( includes electronic ) notice of our intention to close the account. If given in writing, the notice will be sent to your address or e-mail shown on our records. In the case of oral notice, you shall have five ( 5 ) days from the date of notice to close the account. In the case of written notice, you shall have seven ( 7 ) days from the date appearing on the notice to close the account. Upon notice, you must stop conducting transactions on your account. We shall not be liable for dishonoring any items initiated after the date of the notice. In the event that you have not closed your account, ****we will close the account and mail you a check for the remaining balance in the account after deducting any applicable fees and charges. *** Closing the account does not release you from the payment of accrued fees or liability for items in process. The Bank may in its discretion close your account without prior notice if the account has a XXXX  or negative balance, or if we believe it necessary to protect the bank, its employees or others from risk, harm or loss. Any waiver by the Bank of its right to close an account for cause shall not be a waiver of our right at a later time to close your account for the same or similar reasons. We reserve the right to reject any deposit that is made to a closed account by returning the item or by crediting the item to another active account of yours.\n\nSection 8 further states : ** We reserve this right notwithstanding that the deposit may have been processed and/or that you were given a receipt for the deposit. The deposit receipt shall not constitute acceptance of funds in such instance and we shall have no liability for any items returned unpaid which are drawn on a closed account even if you attempt to make a deposit to the account. ** BB & T is not likely to return the deposit, issued to me in my name by a government agency, as doing so would create a roughly {$2000.00} dollar liability for them since their ability to collect a debt caused by their failure to conduct quality due diligence and exercising ordinary care in the handling of my account prejudices their ability to collect any deficiency balance. \n\nFurthermore, Section 12 establishes standards of care that both the accountholder, me, and the bank, BB & T, must adhere to in order to avoid liability for loss of funds. I have exercised ordinary care and have fulfilled all duties as listed including Duty to Safeguard, Duty to Cooperate, Duty to Review Account Statement, and Duty of Care. \n\nBB & T failed in its responsibilities to adhere to these same duties when its branch staff discriminated against me, as a low-income accountholder, in failing to complete the withdrawal transaction as requested by me. \n\nI want to make sure that the balance of the account, {$8100.00} as of XX/XX/XXXX, is remitted back to me promptly. BB & T Bank should not be permitted to unjustly enrich themselves by retaining funds that do not belong to them ( the funds were remitted to my account in my name ). Once BB & T verifies and confirms legal ownership of the direct deposits, both my payroll and the SBA advance - per the deposit account agreement, BB & T is required to remit those funds via certified check to me. \n\nAttached this complaint, you will find the following : ( 1 ) BB & T 's Banking Services Agreement, which both BB & T and I have agreed to be contractually bound and the terms of which we both have agreed to comply with, ( 2 ) Screenshot of my Account Balance after I was refused my withdrawal request ( They attempted to return the deposit, but were unsuccessful because the SBA Advance Deposit was in my name ) ( 3 ) Screenshot of my Account Balance as of XX/XX/XXXX - showing the deposit was credited back, but no indication that the account was closed until I called BB & T 's customer service.\n\n( 4 ) Screenshot of the Direct Deposit from the SBA showing me as the payee/beneficiary and dollar amount ( {$10000.00} ).\n\n( 5 ) Screenshot of my payroll Direct Deposit, again showing me as the payee/beneficiary.","date_sent_to_company":"2020-07-07T21:50:20.000Z","issue":"Closing an account","sub_product":"Checking account","zip_code":"33606","tags":null,"has_narrative":true,"complaint_id":"3733841","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRUIST FINANCIAL CORPORATION","date_received":"2020-07-07T20:17:44.000Z","state":"FL","company_public_response":null,"sub_issue":"Funds not received from closed account"},"highlight":{"complaint_what_happened":["Later that afternoon, once I had left my part-time W2 position at a local XXXX XXXX I decided to go to the local branch of BB & T in XXXX, Florida ( where I had also opened my account and where I have historically conducted my financial business ) to make a withdrawal of {$6000.00} dollars to pay my outstanding <em>invoices</em> with automotive parts vendors like XXXX and XXXX - as well as to pay some personal expenses and catch up on utility <em>payments</em>."]},"sort":[5.135879,"3733841"]},{"_index":"complaint-public-v1","_id":"2919353","_score":4.0589395,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Equifax Credit Bureau has proven over and over that they help illegally operating debt collectors continue reporting on consumer credit files. \n\nOver the last 80 days, I have filed complaints after complaints against XXXX XXXX violating Federal Law, but they refuse to remove the collection and refuse to comply with the letter of the law. \n\nA complaint was filed with CFBP Case # XXXX THE COMPLAINT READS : This complaint is against XXXX XXXX XXXX for violation of federal law of the Federal Debt Collection Practices Act 111-203, title X, 124 Stat. 2092, provisions : 15 USC 1692f, sub-chapter 807 ; 15 USC 1692g, sub-chapter 808 ; 15 USC 1692h sub-chapter 809 ; 15 USC 1692I sub-chapter 813 In XX/XX/XXXX, I had received services at XXXX XXXX XXXX XXXX for which I had paid my deductible and my insurance covered the balance. In XX/XX/XXXX, I had relocated to the State of XXXX, which is where I lived and worked through XX/XX/XXXX( Tax records verify this ). Although I maintain a XXXX mailing address, located at XXXX XXXX XXXX, XXXX, XXXX XXXX with forwarding of the mail, I had received any communication from the medical facility or from XXXX XXXX XXXX ( aka : XXXX ). However, it wasn't noticed until XXXX that XXXX had placed collection marks on my credit files with XXXX XXXX, Equifax and XXXX   Credit Bureaus. But what is more interesting that I noticed that XXXX had more than doubled the original amount by adding interest and debt collection fees, which is illegal. \n\nIn XX/XX/XXXX, Disputes with all three credit bureaus were filed. In XX/XX/XXXX, when I called Equifax to find out the status of the dispute, a representative informed me that that had received paperwork from XXXX and that the debt was valid and it would stay on my credit. \n\nMy rebuttal towards that was simple : XXXX is violating federal law and the credit bureau is acting as an accomplice to the fact. Being in XXXX presently, but going back to XXXX this summer, I was able to go to my mailbox and saw the letter from XXXX, which is what I am providing to you. And in this letter, you will see the original invoice from the XXXX XXXX and the claim that XXXX had made that they are collecting late fees and collection fees. This company, and it's people, are operating illegally and should have all of their files audited. Criminal subpoenas should be issued and their licenses should be revoked. Furthermore, I would like the credit bureaus to remove the collection account from XXXX and to revoke the company 's right to report until a thorough investigation of this company has been concluded. \n\nLASTLY : The damages XXXX has caused me has effectively harmed my credit and my ability to obtain favorable credit. And therefore, punitive damages should be sought. FEDERAL STATUES : -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - 807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. ( 2 ) The false representation of -- ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. ( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney. ( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. ( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken. ( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. ( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. ( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. ( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. ( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. ( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value. ( 13 ) The false representation or implication that documents are legal process. ( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization. ( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer. ( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title.\n\n-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - 808. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. ( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector 's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. ( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. ( 4 ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. ( 5 ) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees. ( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if -- ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement. ( 7 ) Communicating with a consumer regarding a debt by post card. ( 8 ) Using any language or symbol, other than the debt collector 's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.\n\n-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 809. Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. ( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ). ( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section.\n\n-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 813. Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision 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 such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney 's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney 's fees reasonable in relation to the work expended and costs. ( b ) Factors considered by court In determining the amount of liability in any action under subsection ( a ) of this section, the court shall consider, among other relevant factors -- ( 1 ) in any individual action under subsection ( a ) ( 2 ) ( A ) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional ; or ( 2 ) in any class action under subsection ( a ) ( 2 ) ( B ) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector 's noncompliance was intentional. ( c ) Intent A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. ( d ) Jurisdiction An action to enforce any liability created by this subchapter may 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 on which the violation occurs. ( e ) Advisory opinions of Bureau No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Bureau, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.","date_sent_to_company":"2018-05-27T21:34:41.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"21012","tags":null,"has_narrative":true,"complaint_id":"2919353","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2018-05-27T20:50:49.000Z","state":"MD","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["And in this letter, you will see the original <em>invoice</em> from the XXXX XXXX and the claim that XXXX had made that they are collecting late fees and collection fees. This company, and it's people, are operating illegally and should have all of their files audited. Criminal subpoenas should be issued and their licenses should be revoked."]},"sort":[4.0589395,"2919353"]},{"_index":"complaint-public-v1","_id":"2904984","_score":4.0521164,"_source":{"product":"Debt collection","complaint_what_happened":"This complaint is against XXXX XXXX XXXX for violation of federal law of the Federal Debt Collection Practices Act 111-203, title X, 124 Stat. 2092, provisions : 15 USC 1692f, sub-chapter 807 ; 15 USC 1692g, sub-chapter 808 ; 15 USC 1692h sub-chapter 809 ; 15 USC 1692I sub-chapter 813 In XX/XX/XXXX, I had received services at XXXX XXXX XXXX XXXX for which I had paid my deductible and my insurance covered the balance. In XX/XX/XXXX, I had relocated to the State of XXXX, which is where I lived and worked throughXX/XX/XXXX( Tax records verify this ). \n\nAlthough I maintain a XXXX mailing address, located at XXXX XXXX XXXX, XXXX, XXXX  XXXX with forwarding of the mail, I had received any communication from the medical facility or from XXXX XXXX XXXX ( aka : XXXX ). However, it wasn't noticed until XX/XX/XXXX that XXXX had placed collection marks on my credit files with XXXX XXXX, XXXX and XXXX Credit Bureaus. But what what more interesting that I noticed that XXXX had more than doubled the original amount by adding interest and debt collection fees, which is illegal. \n\nIn XX/XX/XXXX, Disputes with all three credit bureaus were filed. In XX/XX/XXXX, when I called XXXX to find out the status of the dispute, a representative informed me that that had received paperwork from XXXX and that the debt was valid and it would stay on my credit. My rebuttal towards that was simple : XXXX is violating federal law and the credit bureau is acting as an accomplice to the fact. \n\nBeing in XXXX presently, but going back to XXXX this summer, I was able to go to my mailbox and saw the letter from XXXX, which is what I am providing to you. And in this letter, you will see the original invoice from the XXXX XXXX and the claim that XXXX had made that they are collecting late fees and collection fees. \n\nThis company, and it's people, are operating illegally and should have all of their files audited. Criminal subpoenas should be issued and their licenses should be revoked. \n\nFurthermore, I would like the credit bureaus to remove the collection account from XXXX and to revoke the company 's right to report until a thorough investigation of this company has been concluded. \n\nLASTLY : The damages XXXX has caused me has effectively harmed my credit and my ability to obtain favorable credit. And therefore, punitive damages should be sought. \n\n\n\n\n\n\nFEDERAL STATUES : -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - 807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile  thereof. \n\n( 2 ) The false representation of -- ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the  collection of a debt. \n\n( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.\n\n( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. \n\n( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.\n\n( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter.\n\n( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.\n\n( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.\n\n( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.\n\n( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.\n\n( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. \n\n( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value.\n\n( 13 ) The false representation or implication that documents are legal process.\n\n( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization.\n\n( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer. \n\n( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. \n\n-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - 808. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.\n\n( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector 's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. \n\n( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.\n\n( 4 ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.\n\n( 5 ) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.\n\n( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if -- ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement.\n\n( 7 ) Communicating with a consumer regarding a debt by post card.\n\n( 8 ) Using any language or symbol, other than the debt collector 's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.\n\n-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 809. Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.\n\n( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor.\n\n( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.\n\n( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ). \n\n( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C.  6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section. \n-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 813. Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision 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 such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney 's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney 's fees reasonable in relation to the work expended and costs.\n\n( b ) Factors considered by court In determining the amount of liability in any action under subsection ( a ) of this section, the court shall consider, among other relevant factors -- ( 1 ) in any individual action under subsection ( a ) ( 2 ) ( A ) of this section, the frequency and persistence of noncom\npliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional ; or ( 2 ) in any class action under subsection ( a ) ( 2 ) ( B ) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector 's noncompliance was intentional. \n\n( c ) Intent A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. \n\n( d ) Jurisdiction An action to enforce any liability created by this subchapter may 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 on which the violation occurs. \n\n( e ) Advisory opinions of Bureau No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Bureau, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.","date_sent_to_company":"2018-05-13T22:29:58.000Z","issue":"False statements or representation","sub_product":"Other debt","zip_code":"21012","tags":null,"has_narrative":true,"complaint_id":"2904984","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Io, Inc.","date_received":"2018-05-13T21:26:29.000Z","state":"MD","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["And in this letter, you will see the original <em>invoice</em> from the XXXX XXXX and the claim that XXXX had made that they are collecting late fees and collection fees. \n\nThis company, and it's people, are operating illegally and should have all of their files audited. Criminal subpoenas should be issued and their licenses should be revoked."]},"sort":[4.0521164,"2904984"]},{"_index":"complaint-public-v1","_id":"7598442","_score":2.7521973,"_source":{"product":"Debt collection","complaint_what_happened":"Debt collector obligations\n 809. Validation of debts\n(Part 1 of a 2 Part CFPB Complaint) XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Florida. XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX  OH XXXX\n\nReference # XXXXXXXX XXXX XXXX XXXX undated notice/letter\n\nDear Debt Collector:\n\nIt was a bright cold day in XXXX and the clocks were striking thirteen, XXXX XXXX XXXX XXXX XXXX XXXX In this case, Defendants argument is like the thirteenth chime of a clock: you not only know its wrong, but it causes you to wonder about everything you heard before. Chief United States District Court XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Florida, in case # XXXX, wrote the above OPENING LINE at Page 1 by quoting the famous opening line of XXXX XXXX dystopian novel XXXX the book that introduced the world to the concept of XXXX XXXX XXXX XXXX  OPENING LINE sets the stage of exactly what to expect in his XXXX  page scathing decision in his Order on Motions for Preliminary Injunctions filed XXXX.  The XXXX  thirteenth strike of all of the clocks at the same time calls into question not only the credibility of itself but of the previous twelve. In the XXXX world of XXXX XXXX the clocks striking thirteen is not an aberration, but a normal way of life where Every record has been destroyed or falsifiedevery date has been altered.  Was the Novel XXXX  writing about and predicting the out of control and never ending Credit Reporting and Debt Collector fiasco ???  Another relevant XXXX XXXX quote stated:  In the end the Party would announce that two and two made five, and you would have to believe it.  Well Debt Collectors and Creditors, like the totalitarian XXXX Party, can make outrageous false claims, such as [2 + 2 = 5], but Im not buying it, Im not getting tricked and Im not getting abused as I have the freedom, power, law and common sense to reject them.  Just keep continually revisiting the OPENING LINE many times as you read, take notes, reread, investigate, research, talk to experts, talk to clients, reinvestigate and get to know and understand the following facts and argument!!  Start by first trying to figure out and explain how my credit score was impossibly reduced on my XXXX credit report. Did you cause it???  Are you responsible???  But first, should your limited resources be wasted on pursuing an insolvent judgment proof XXXX dying XXXX  year old XXXX XXXX on Social Security whose bills were required to be paid by my Medicare and other insurance???  Since it is alleged you received $XXXX obviously that is enough and you must cease and desist communication and rebill insurance if your non-profit client is so desperate that it gives illegal aliens a free ride yet over bills US citizen XXXX  with insurance required to pay 100%. Why would I or anyone ever go back to Orlando Health???  Are they insane???  Is a fee of maybe $XXXX worth your time when you cannot report any nonpayment under $600 on my credit report? Do you plan to willfully violate the FCRA and FDCPA so I can obtain statutory damages of $XXXX per violation plus XXXX fold punitive damages per XXXX XXXX XXXX XXXX Do you want the CFPB and other regulators to come after you and your clients for fraudulent and deceptive practices? At a minimum, I demand every detailed document that exists including videos, regarding the alleged procedure including agreements, charges and notes by service providers.  Everything.  In XXXX XXXX Congress passed the NO SURPRISES ACT (NSA) which you and your client have willfully violated.  The NSA established rules outlining the need for providers to establish an independent dispute resolution process which prohibits your attempt to coerce me into paying bills that are more than what is actually owed. Obviously, you and your client have violated the obligations  imposed by the FDCPA with regard to interactions with health laws and regulations.  The CFPB issued a XXXX bulletin reminding debt collectors that attempting to collect a debt from a charge that exceeds the amount permitted by the NSA would violate the FDCPA.  Health care providers that generate an invoice that violated the NSA would also be held liable for the actions of debt collectors acting on other behalf.  Debt collectors and their clients would also willfully violate the FCRA if they report that a consumer must pay a debt from a charge that exceeds the amount permitted by the NSA.  Judge Walker needed 139 pages to address the obvious.  Your appropriate response requires many many many more than 139 pages to address my following issues.  It should be a NO-BRAINER that you and your predecessors and successors in interest MUST UNCONDITIONALLY and PERMANENTLY STOP, CEASE AND DESIST ALL COLLECTION EFFORTS on the disputed purported debt to mitigate damages.  Its not rocket science, Its not brain surgery, Its a piece of cake and Its a walk in the park are common phrases that describe concepts or tasks that are easily understood or performed that are certainly applicable here. Dont be STUPID!!  You have no viable ALTERNATIVE! Tell the CFPB in your required response that you permanently cease all collection efforts with a notation that an ARBITRATION filing, if one exists and is applicable, is the only permissible future communication!!!  If an ARBITRATION agreement exists, which I demand a copy of any agreement, please be absolutely clear and dont directly or indirectly wrongly threaten or imply filing a prohibited court action or lawsuit as it would be considered a FDCPA violation intended to harass, threaten and abuse!!!\n\nHere's the relevant section of the FDCPA, 15 U.S.C. 1692g, on debt validation, for your response, prohibitions and obligations:\n 809. Validation of debts\n(a) Notice of debt; contents\nWithin five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --\n(1) the amount of the debt;\n(2) the name of the creditor to whom the debt is owed;\n(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;\n(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and\n(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.\n(b) Disputed debts\nIf the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer's right to dispute the debt or request the name and address of the original creditor.\n(c) Admission of liability\nThe failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.\n\n\nI am responding to your attached letter(s) about a purported debt as set forth in your attached letter(s).  I request that you mail me a written Validation of Debt which must include all of the proof and documents described at length below. I vigorously DISPUTE the purported debt in its entirety.  This is NOT my Debt and I DISPUTE it. I want you to send me by USPS mail the name and address of the original creditor and any successors in interest or transferees, if any.  I do not have any responsibility for the purported debt youre referencing and trying to collect. So I DISPUTE it.  This is not my purported collectible debt. Again, I want to make it absolutely clear by repetition that I DISPUTE it in its entirety so that you can clearly red flag and mark your files as DISPUTED to avoid Willful FDCPA violations.  If you have good reason to believe that I am responsible for this DISPUTED purported debt, mail me by USPS every document in your and your clients entire file, including but not limited to every direct and indirect written dispute with the CFPB, CRAs  or otherwise including those documents that make you believe that the purported debt is valid, enforceable and collectible.  Immediately STOP, DESIST and CEASE all other and further communication with me and with this address, (except to respond one time in writing by USPS mail to my request for every piece of proof of the purported debt that would be presented to an ARBITRATOR or in a federal motion for summary judgment with incorporated memorandum of law) and record that I vigorously DISPUTE having any obligation for this purported debt. The USPS, email, text messaging, social media or other unsecured communication means cannot be trusted to safely and securely deliver mail and communications or to prevent receipt by unauthorized individuals, at other addresses, by accident, scammers, fraudsters or negligence.  To wit, much of my USPS mail is delivered opened and tampered with and read by others many times as, for example, the name and address window is not visible due to mailing incompetence. Similarly, the USPS tracking service for certified mail is unreliable and cannot be trusted.  I am requesting no further communication of any kind whatsoever to therefore prevent mail or communications to be received at other addresses due to sender issues, hackers, scammers, and USPS errors and negligence.  Likewise, kindly immediately STOP all further unwanted direct and indirect text messages, emails, phone calls, voice messages, or any other social media or other communication with me regarding your attempts to collect the purported DISPUTED debt.  I will make as many CFPB complaints regarding FCRA and other violations needed to stop you and I suspect that the recent XXXX XXXX CFPB DATA BREACH affecting at least 256,000 consumers has almost certainly affected me so I must be overly careful to guard against scammers to limit erroneous release of my private data and communications. For this and other obvious reasons, I need you to STOP further communications and I obviously need the requested documentation proof regarding any claims as any claims are suspect absent complete documentation. Notice is Given that I forever object to the voice recordings of any kind and I therefore do not consent for anyone to record calls with me without my prior written consent which I will never authorize. Once a debt collector receives this letter requesting that they immediately STOP contacting me in any way, theyre not allowed to communicate with me again except to tell me there will be no further contact, provide me with documents requested, or advise me of specific planned legal actions within 20 days that may legally be allowed, such as filing an Arbitration action against me as a lawsuit is not permissible and cannot be threatened under the FDCPA if an Arbitration Agreement exists. So please dont threaten me with any barred court litigation which would violate any Arbitration Agreement as I will consider it a violation of state and federal statutes. If you stop your collection of this purported debt, and forward or return it to another company, please indicate to them that it is DISPUTED in its entirety by forwarding all past documents in the file and communications including this letter. If you report it to a credit bureau (or have already done so), also report that the debt is DISPUTED as required by FCRA, FDCPA and the 350+ page XXXX XXXX  Compliance protocols. I insist on compliance with every applicable state and federal statutes, including but not limited to the FCRA and FDCPA.  Any willful past, current or future violations of credit reporting and collection procedures shall incur maximum statutory and punitive damages plus attorneys fees and costs against violators, personally or otherwise.  I have reviewed my entire paper credit reports of XXXX XXXX  dated XXXX XXXX XXXX  and XXXX August 12, 2023 and  the account number referenced in your letter is not included in my credit reports, so be warned about your obligations under the XXXX XXXX compliance protocols contained in its 355+ page manual.  Accurate account number reporting of accounts is required under XXXX XXXX  to prevent purported accounts from being inaccurately reported twice (or more) instead of once otherwise additional willful FCRA violations and statutory damages shall accrue.  Since my XXXX and XXXX credit reports do not contain your referenced account number, I must consider that it involves identity theft for which your obligations must be followed exactly as required.  I have never received any Notice from anyone  stating that you are a bona fide authorized agent for Debt collection purposes. So consider this letter a formal Notice that I DISPUTE the purported debt due to IDENTITY THEFT.  The most troubling, malicious and intolerable willful FCRA violations possible occurred when my credit score was impossibly reduced due to XXXX, BOTS, SCAMMERS, debt/bill collectors and/or FRAUDSTERS illegally tampering with my credit files via XXXX XXXX and other data submissions to purposely damage my credit score for a sinister purpose. XXXX XXXX  IS WATCHING YOU!!  That includes the CFPB, the FED, the OCC, the FDIC, the DOJ, the FTC and other regulators who are ALL watching every move you make and ready to put you out of business. Moreover, I need to know your opinion and representation as to whether the documents which I need and request will include an ARBITRATION clause which would require disputes to be resolved through ARBITRATION rather than a United States District Court individual or class action lawsuit.  While I believe any account with your purported client may contain MANDATORY ARBITRATION clauses, I cannot be sure without all the purported agreement documents and a binding representation. The CFPB has warned consumers to be on the lookout for Identity Theft and bill/debt collector SCAMMERS falsely claiming entitlement to amounts not owed.  I obviously need the documents requested and I will continue to consider this a matter of IDENTITY THEFT unless and until I receive an AFFIDAVIT from the purported original creditor providing me all the requested documents.  In XXXX XXXX, I was a victim of Identity Theft when scammers wiped out my checking account funds due to my bank breach and bank error when multiple debit card numbers were submitted and approved by possible random guessing without my card expiration date, 3 digit security code, Name, address, or other required data to process a transaction.  I never used the debit card and my debit card was safely locked away and under my exclusive control at all times.  After multiple calls and secure messages to my bank, I filed a complaint with the CFPB and the bank still has not discovered how the breach and fraud happened.  If a random guess at a debit card can wipe out my checking account, it would be easier to guess at bank credit card numbers in a debt collector scam warned by the CFPB.  Are you a SCAMMER victimizing me with IDENTITY THEFT?  Are you trying to SCAM an XXXX XXXX citizen? I need AFFIDAVITS with the requested proof.  I need the requested proof! I will not get scammed again.  I trust NOONE, even ROBO attorneys.  Get your ducks in a row!!!  I would not be happy if I am forced to file a U.S. District Court action only to be faced with a Motion To Compel Arbitration due to concealment of agreement documents.  Any such frivolous conduct would be rightfully countered with my Motion for Summary Judgment and a temporary restraining order request to punish violators for willful FCRA violations and other statutes, further claiming a WAIVER was created by concealment.  If warranted, I will have no problem also naming the CFPB and its Director, Rohit Chopra, in any federal court action to the extent necessary to obtain 100% compliance with the FCRA, FDCPA and related statutes. I also advise you that I am a XXXX  years old XXXX  female and American with XXXX  in poor health and judgment proof and all my income is from EXEMPT sources such as federal Social Security benefits with my average balance in my social security account is below my monthly SS deposit and never more than 2 times my monthly deposit.  I simply have no assets or income which anyone can attach from pointless, abusive or frivolous litigation intended merely to harass and abuse me. Moreover, last year I have been affected by medical malpractice, XXXX a declared natural disaster by a direct hit by Hurricane Ian, illnesses and other medical matters all at the same time.  Plus, as stated ago, my checking account was wiped out by fraudsters.  Moreover, I discovered that my credit file reported false delinquencies even though I actually had a perfect credit payment record and such concealments reduced my credit score by 200 points totally destroying my credit. Everything bad happened to me all at once starting with medical malpractice, health issues and SCAMMERS and then by Hurricane IAN and then by creditors promising publicized payment deferrals yet then falsely reporting delinquencies.  My credit reports are inaccurate and incomplete as the required coding for my situation is not on my credit report for any listed account. How hard is it to insert the XXXX XXXX  code AW into every account?  Do you even know what AW means?  However, I am ready, willing and able to litigate and defend any frivolous litigation or arbitration including seeking relief from the U.S. Court of Appeals for any appealable order including the delay or denial of injunctive relief requests.  I shall also insist on compliance with federal Rule 11 and motions for Rule 11 violations shall be filed promptly after the expiration of applicable safe harbor periods for incurred violations.  Moreover, if I live long enough, I am prepared to seek personal XXXX XXXX  bankruptcy relief if and when necessary, filing objections to all claims and submitting my claims for damages through bankruptcy adversary proceedings. Do you want to pay an Arbitrator $XXXX  to gain nothing?  Do you think you can avoid my USDC DISCOVERY requests and information subpoenas?  Do you want the CFPB to come after you when you violate your obligations? \n\nAgain, I am responding to your contact about a purported debt you are attempting to collect which, as stated multiple times, I DISPUTE in its entirety.\n\nAgain, please STOP all direct and indirect communication of any kind with me and with this address about this purported debt except to respond to me in writing regarding my requested documents by delivering me requested documents.  Furthermore, due to hearing problems and issues, I am unable to receive phone calls so I am unable to discuss any matter over the phone or otherwise under any scenario.  Just STOP all communications!  The Telephone Consumer Protection Act (TCPA) restricts calls to residential and wireless telephone numbers absent the prior express consent of the called party.   I do not want any calls or direct or indirect communications of any kind whatsoever to be made to me in the future. I do not consent to receiving any calls made to me in the future and any calls received by me after you receive this letter shall be considered willful violations of the TCPA for which maximum possible penalties shall become automatically and immediately due and owing to me by violators without notice.\n\nAgain, record and prominently FLAG in your records that I forever DISPUTE having any obligation for this purported debt.  Again, if you forward or return this purported debt to another company, please indicate to them that it is DISPUTED. If you report it to a credit bureau (or have already done so), also immediately report that the purported debt is DISPUTED.  Once I notify a CRA and/or Furnisher and/or Debt Collector that I DISPUTE data (such as this dispute) my credit report MUST INDEFINITELY include the required PERMANENT Notice that the account is DISPUTED BY CONSUMER even if the CRA/Furnisher/Debt Collector disagrees.  If my credit report from any CRA has at any time in the past (or in the future) included an account related to your purported disputed debt without the required DISPUTED status, then such FCRA violation shall be considered a Willful, wanton, malicious, deliberate, abusive and intentional violation for which the maximum statutory damages of $1,000 shall be sought against every violator, plus punitive damages.  XXXX XXXX is quite complex and impossible to comply with so the best procedure of reporting is to never report at all and to never change, delete, update or alter dispute status as such will almost certainly result in manual negligent incompetent user errors for which damages will accumulate quickly to entirely offset purported debts.  While some untrained incompetent employees may willfully violate the FCRA to purposely destroy a consumers credit score in hope to collect purported disputed debts under duress, I demand compliance with the FCRA, FDCPA and every other statute.  In my opinion, Furnishers/Debt Collectors are best served by permanently DELETING from credit files Disputed/Uncollectible accounts to mitigate damages from Furnisher/user errors and willful unlawful conduct.  Every interaction with a creditor, a CRA and/or debt collector constitutes an opportunity for me to obtain statutory, punitive and other damages, including attorney fees, when laws are broken for willful and negligent non-compliance with known statutory requirements and protocols.  The best possible settlement obtainable would be to walk away and abandon any and all disputed purported uncollectible claims otherwise I will be one your creditors with exponentially increasing claims after you continue to violate my rights.  I never agreed to permit anyone to report inaccurate or incomplete information of any kind on my credit report.  I have never been offered my statutory right to OPT-IN or OPT-OUT of credit reporting to protect my right to privacy to prevent FCRA violations.  I hereby unconditionally and unilaterally REVOKE and terminate for CAUSE any imaginable right to report data of any kind on any of my credit files with any CRA.  Obligations under the FCRA, FDCPA and other debt collection and reporting statutes TRUMP any purported creditor claims so compliance of every statutes is a precondition to collect and report any purported claims.  If you want to do business with consumers, you must first learn how to comply with extensive ever changing obligations, including XXXX XXXX which is impossible to accurately report even by a specialist due to arbitrary and confusing possibilities. Stated another way, an original credit card purported creditor is not entitled to collect claims unless and until all its obligations have been satisfactorily completed without violations of any law.  You should be careful to comply with mandatory statutory imposed record retention requirements to enable the CFPB to administer and carry out the purposes of the FCRA, FDCPA, the Dodd-Frank Act, as well as to prevent evasions thereof. The record retention requirements also will facilitate supervision of debt collectors and the assessment and detection of risks to consumers.  The CFPB has published a comprehensive checklist to audit and insure compliance with regulatory obligations.  I suggest you review the checklist to insure compliance before responding to me.  You should know that as soon as Hurricane IAN hit me directly and my health was affected by XXXX and other health issues with other issues plus a wipe out of my checking account, I diligently contacted every creditor seeking publicized payment deferrals and other relief only to be effectively denied relief by incompetence.  The general creditor response was to retaliate against me for merely asking for relief by inaccurately reporting every account inaccurately.  No one knows how to code XXXX XXXX except for simple payment reporting but when things get changed errors are everywhere, either negligently or willfully.  If I made 100% of my payments and if I was never late how could credit reporting agencies say I was 60 days delinquent?   More importantly, I discovered that each CRA provided me with conflicting data on my paper reports and my paper reports did not contain all the data reported to CRAs under XXXX XXXX  Why is data reported on XXXX XXXX  but concealed from my paper credit reports?  Why do my paper credit reports only contain a small portion of data reported by XXXX XXXX and contained in my credit file?  How can I properly dispute my credit file if 50% of the data in my CRA file is concealed from consumers?  How can I discover inaccurate data on my credit file if 50% of data is concealed from me and excluded from my paper credit reports?  The entire credit reporting system is a disgrace in complete disregard for consumers rights and rights to privacy.  Every communication with a creditor seemed to result in negligent data entry errors by users.  Furnishers are incapable of complying with statutory obligations and the XXXX XXXX  system.  Again, I need every document, including every XXXX XXXX  submission, submitted to every CRA to compare my numerous paper reports with data in my credit files reported via XXXX XXXX Moreover, many of the XXXX XXXX data fields are reported blank forcing fraudulent submission overrides rather than blocking incomplete or conflicting data.  Even when errors are discovered and acknowledge by top senior bank officials in charge of USA credit cards, nobody knows how to correct inaccurate reporting even after reporting ETHICAL misconduct to the bank Chairman of the Board.  One bank even hires incompetent High School Graduates to handle CFPB disputes without any knowledge of the FCRA or XXXX XXXX  protocols and obligations.  I subscribe to a variety of services so I see daily changes to my credit files so I see the daily mistakes of credit reporting by erroneous coding under XXXX XXXX.  Many Many Many times I see a DISPUTE ADDED one day and then fraudulently and inaccurately REMOVED the next day.  Everyone knows that Debt Collectors try not to report Disputes, even though required, as a dispute may not negatively affect a credit score which may hinder chances to force consumers to pay even fraudulent disputed claims as consumers generally want good scores.  Well, the system tanked my scores needlessly!   Is your Debt Collector commission of peanuts worth $100,000+ in attorney fees and punitive damages?  Do you want to risk the CFPB coming after you demanding $10,000,000+?  Do you want to lose clients and be put out of business by the CFPB?  I object to having accounts reported on my credit reports as reporting is unconscionable!\n\nWhile your letter fails to disclose what I consider a complete mandatory inclusion of the statutes set forth at the beginning for consumers rights regarding Debt Validation, I am responding even though the failure to respond would not have consequences in litigation.  The CFPB and others suggest some of below type of questions for Debt collectors to respond to.  I like to purposely repeat points so that there can be no misunderstanding about what I am writing about and requesting. \n\nPlease supply the information below so that I can be fully informed:\nWhy you think I owe the purported debt and to whom I owe it, including:\n\n The name and address of the creditor to whom the purported debt is currently allegedly owed, the complete account number used by that creditor and the previously issued account numbers, if any, the complete account number reported to every CRA for current and past account numbers and the detailed amount allegedly owed since inception including amounts and all data reported to every CRA.  Please note that there is no reason to NOT report a complete account number in letters and credit files especially when an account has been closed to future transactions especially if consumers have ZERO liability for unauthorized activity, especially after closure.  If an account has been closed or an account number has changed in the last 7 years, please send documentary proof of the dates of closure and/or account number change and the dates reported of the mandatory mid-cycle update to every CRA to ascertain whether the mandatory  XXXX XXXX  protocols have been compliant or violated.  \n\n If this purported debt started with a different creditor, provide the name and address of the original creditor, the entire account number used by that creditor, and the detailed amount owed to that creditor at the time it was transferred. When you identify the original creditor, please provide any other name by which I might know them, if that is different from the official name. In addition, tell me the exact date and complete terms of the relationship when the current creditor and/or debt collector obtained the purported debt and who the current creditor obtained it from.\n\n Provide verification and documentation that there is a valid basis for claiming that I am required to pay the purported debt to the current creditor. For example, can you provide a copy of the written agreement that created my original requirement to pay?  Again, I need to know about any ARBITRATION provision buried into any original or amended agreements as I cannot rely on the search results of the CFPB or other websites. I also need any purported contract provision that authorized the reporting to a CRA (if it exists) which I hereby revoke as invalid ab initio if any data was inaccurately reported to any CRA, either willfully or otherwise.  Reporting to a CRA must be 100% accurate otherwise DELETION is mandatory. Inaccurate credit reporting, standing alone, is unconditional grounds to bar future credit reporting at the request of a consumer to guarantee the consumers right to privacy.  I object to credit reporting of all my closed and disputed accounts due to willful violations of the FCRA and other statutes.  \n\n If you are asking that I pay a purported debt that somebody else is or was required to pay, (such as an insurance company through a credit card benefit) identify that person or entity. Provide verification and documentation about why this is a purported debt that I am required to pay.\n\nThe amount and age of the purported debt, including:\n A copy of the every billing statement sent to me by the purported original creditor since inception.\n\n State the required Date of F","date_sent_to_company":"2023-09-24T15:03:41.000Z","issue":"Attempts to collect debt not owed","sub_product":"Medical debt","zip_code":"32836","tags":null,"has_narrative":true,"complaint_id":"7598442","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Receivables Management Partners, LLC","date_received":"2023-09-24T14:48:15.000Z","state":"FL","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["When you identify the original creditor, please provide any other name by which I might know them, if that is different from the <em>official</em> name. In <em>addition</em>, tell me the exact date and complete terms of the relationship when the current creditor and/or debt collector obtained the purported debt and who the current creditor obtained it from.\n\n Provide verification and documentation that there is a valid basis for claiming that I am required to pay the purported debt to the current creditor."]},"sort":[2.7521973,"7598442"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":13,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":13}]}},"product":{"doc_count":13,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting, credit repair services, or other personal consumer reports","doc_count":3,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":3}]}},{"key":"Debt 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