{"took":552,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":36,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"10330249","_score":20.195574,"_source":{"product":"Checking or savings account","complaint_what_happened":"On XX/XX/XXXX XXXX filed ( XXXX )! items under disputes/ claims from the Merchant. Claim # XXXX -- for {$280.00} and {$100.00} from XXXX -- Bill Payment. The Consumer has a post paid contract cellular account with XXXX. Consumer had filed FCC complaint against XXXX for billing irregularities dating from XX/XX/XXXX. The XXXX audit for billing was required in order to find overpayments and duplicate payment. Consumer advised and reported two claims with Chase Bank on a checking/debit card 'Secure Card ' account. This account is technically a prepaid type account and holds no value as it has no checking options nor wire transfers acceptance. \nConsumer opened the claim for dispute on XX/XX/XXXX. Chase Bank offered a provisional temporary credit in the {$380.00} to the account holder. The communication with Chase 's Claims Department were understood ; a investigation and letter of claim were to be sent to the XXXX XXXX On XX/XX/XXXX ; chased reversed the temporary credit of {$380.00} back to the account holder and didn't run an investigation, refused to send copy of claim or charge back to the XXXX XXXX Chase also refused to file a claim on ( XXXX ) additional disputed amounts. XXXX had advised the account would be under audit and would be completed by XX/XX/XXXX. Chase closed the claim on XX/XX/XXXX and reversed the provisional credit ; claiming these are disputes with the XXXX and should not be handled by Chase. The account holder informed Chase XXXX requested for consumer to refile the claim ; since they never received an initial claim in order to work with the account holder. Chase has refused to refile the claim and stated the account holder would be responsible for any credits reversed on the account.","date_sent_to_company":"2024-10-03T21:48:49.000Z","issue":"Managing an account","sub_product":"Checking account","zip_code":"XXXXX","tags":"Older American","has_narrative":true,"complaint_id":"10330249","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2024-10-03T21:12:04.000Z","state":"DC","company_public_response":null,"sub_issue":"Problem using a debit or ATM card"},"highlight":{"complaint_what_happened":["Claim # XXXX -- for {$280.00} and {$100.00} from XXXX -- <em>Bill</em> Payment. The Consumer has a post paid contract cellular account with XXXX. Consumer had filed FCC complaint against XXXX for <em>billing</em> irregularities dating from XX/XX/XXXX. The XXXX <em>audit</em> for <em>billing</em> was <em>required</em> in <em>order</em> to <em>find</em> overpayments and duplicate payment. Consumer advised and reported two claims with Chase Bank on a checking/debit card 'Secure Card ' account."]},"sort":[20.195574,"10330249"]},{"_index":"complaint-public-v1","_id":"8496038","_score":16.79113,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Dear IC System I hope this communication finds you well. I am writing to address serious concerns regarding potential security fraud associated with my investment with IC System and the actions taken by XXXX XXXX XXXX, a third-party debt collector. As an investor, I provided IC System with an asset-backed security, aligning with the Fair Credit Reporting Act ( FCRA ), particularly 15 U.S.C. 16815-2. IC System, as the original creditor, is obligated to furnish accurate information to credit reporting agencies. The absence of a system to verify billing statements with investors, as outlined in 15 U.S.C. 1666 ( b ), raises significant questions about the permissible purpose for reporting such information without explicit written consent or a court order. IC System, a third-party debt collector, I want to emphasize UCC Article 9 - Secured Transactions ( 9-609 ). This section mandates that a secured party must conduct enforcement in a commercially reasonable manner. \n\nThe discrepancies in my billing statements suggest a potential violation of UCC Article 9 ( 9-609 ) guidelines by IC System. Moreover, a critical issue in the billing statements has come to my attention. \n\nA billing error is present, portraying my dividend check inaccurately as an amount I am required to pay. \nThis misrepresentation is a serious concern and constitutes security fraud, distorting the nature of my financial obligations. \nI request a thorough investigation into both the security fraud concerns and the billing statement error. \nThis investigation should include a comprehensive review of my account, along with a XXXX audit, to ensure transparency and validate the financial details associated with my investment. I must also highlight that IC System is attempting to collect a debt I never owed.","date_sent_to_company":"2024-03-07T08:54:46.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"306XX","tags":null,"has_narrative":true,"complaint_id":"8496038","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"I.C. System, Inc.","date_received":"2024-03-07T08:48:28.000Z","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 status incorrect"},"highlight":{"complaint_what_happened":["The discrepancies in my <em>billing</em> statements suggest a potential violation of UCC Article 9 ( 9-609 ) guidelines by IC System. Moreover, a critical issue in the <em>billing</em> statements has come to my attention. \n\nA <em>billing</em> error is present, portraying my dividend check inaccurately as an amount I am <em>required</em> to pay. \nThis misrepresentation is a serious concern and constitutes security fraud, distorting the nature of my financial obligations."]},"sort":[16.79113,"8496038"]},{"_index":"complaint-public-v1","_id":"8258438","_score":15.892251,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Subject : Urgent : Request for Correction of Credit Report - Compliance with Federal and UCC Laws Dear Upstart Network Inc., I trust this communication finds you well. I am writing to express profound concerns about potential violations of both federal and Uniform Commercial Code ( UCC ) laws related to my investment with Upstart. \n\nAs an investor, I provided Upstart with an asset-backed security, aligning with the Fair Credit Reporting Act ( FCRA ), particularly 15 U.S.C. 1681s-2. Upstart, as a furnisher of information, is required to provide accurate information to credit reporting agencies. The absence of a system to verify billing statements with investors, as outlined in 15 U.S.C. 1666 ( b ), raises significant questions about the permissible purpose for reporting such information without explicit written consent or a court order.\n\nIn addition to federal law, I want to emphasize UCC Article 9 - Secured Transactions ( 9-609 ). This section mandates that a secured party must conduct enforcement in a commercially reasonable manner. Given the discrepancies in my billing statements, it appears there might be a violation of UCC Article 9 ( 9-609 ) guidelines.\n\nMoreover, UCC Article 9 ( 9-625 ) underscores the duty of a secured party to conduct a comprehensive investigation when an investor disputes the accuracy of information related to their account. To address concerns of security fraud, I insist on a thorough investigation into my account, including a XXXX audit. \n\nIn the event of a XXXX audit, the auditor will have the capability to retrieve the CUSIP number associated with my security. This auditor will be able to scrutinize the financial details, including how much money Upstart has generated from my security and its current valuation.\n\nFailure to promptly rectify these issues may result in further legal actions, including the involvement of the Internal Revenue Service ( IRS ) to ensure compliance with tax regulations. My primary objective is to resolve these matters amicably, and I firmly believe that a comprehensive and timely correction of my credit report is in the best interest of both parties. \n\nI kindly request the immediate correction of my credit report to accurately reflect a \" paid as agreed, never late '' payment history, aligning with both federal laws, particularly the FCRA, and UCC Article 9 ( 9-609, 9-625 ) requirements. \n\nI trust that Upstart will take immediate, comprehensive steps to address these concerns to avoid further legal actions and to maintain the integrity of our business relationship.","date_sent_to_company":"2024-01-31T17:58:05.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"29680","tags":null,"has_narrative":true,"complaint_id":"8258438","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Upstart Holdings, Inc.","date_received":"2024-01-31T17:48:26.000Z","state":"SC","company_public_response":null,"sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["Upstart, as a furnisher of information, is <em>required</em> to provide accurate information to credit reporting agencies. The absence of a system to verify <em>billing</em> statements with investors, as outlined in 15 U.S.C. 1666 ( b ), raises significant questions about the permissible purpose for reporting such information without explicit written consent or a court <em>order</em>.\n\nIn addition to federal law, I want to emphasize UCC Article 9 - Secured Transactions ( 9-609 )."]},"sort":[15.892251,"8258438"]},{"_index":"complaint-public-v1","_id":"8261092","_score":15.877409,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Subject : Urgent : Request for Correction of Credit Report - Compliance with Federal and UCC Laws Dear XXXX XXXX XXXX, I trust this communication finds you well. I am writing to express profound concerns about potential violations of both federal and Uniform Commercial Code ( UCC ) laws related to my investment with XXXX. \n\nAs an investor, I provided XXXX with an asset-backed security, aligning with the Fair Credit Reporting Act ( FCRA ), particularly 15 U.S.C. 1681s-2. XXXX, as a furnisher of information, is required to provide accurate information to credit reporting agencies. The absence of a system to verify billing statements with investors, as outlined in 15 U.S.C. 1666 ( b ), raises significant questions about the permissible purpose for reporting such information without explicit written consent or a court order. \n\nIn addition to federal law, I want to emphasize UCC Article 9 - Secured Transactions ( 9-609 ). This section mandates that a secured party must conduct enforcement in a commercially reasonable manner. Given the discrepancies in my billing statements, it appears there might be a violation of UCC Article 9 ( 9-609 ) guidelines.\n\nMoreover, UCC Article 9 ( 9-625 ) underscores the duty of a secured party to conduct a comprehensive investigation when an investor disputes the accuracy of information related to their account. To address concerns of security fraud, I insist on a thorough investigation into my account, including a XXXX audit. \n\nIn the event of a XXXX audit, the auditor will have the capability to retrieve the CUSIP number associated with my security. This auditor will be able to scrutinize the financial details, including how much money XXXX has generated from my security and its current valuation. \n\nFailure to promptly rectify these issues may result in further legal actions, including the involvement of the Internal Revenue Service ( IRS ) to ensure compliance with tax regulations. My primary objective is to resolve these matters amicably, and I firmly believe that a comprehensive and timely correction of my credit report is in the best interest of both parties. \n\nI kindly request the immediate correction of my credit report to accurately reflect a \" paid as agreed, never late '' payment history, aligning with both federal laws, particularly the FCRA, and UCC Article 9 ( 9-609, 9-625 ) requirements. \n\nI trust that XXXX will take immediate, comprehensive steps to address these concerns to avoid further legal actions and to maintain the integrity of our business relationship.","date_sent_to_company":"2024-01-31T17:58:16.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"29680","tags":null,"has_narrative":true,"complaint_id":"8261092","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-01-31T17:58:14.000Z","state":"SC","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":["XXXX, as a furnisher of information, is <em>required</em> to provide accurate information to credit reporting agencies. The absence of a system to verify <em>billing</em> statements with investors, as outlined in 15 U.S.C. 1666 ( b ), raises significant questions about the permissible purpose for reporting such information without explicit written consent or a court <em>order</em>. \n\nIn addition to federal law, I want to emphasize UCC Article 9 - Secured Transactions ( 9-609 )."]},"sort":[15.877409,"8261092"]},{"_index":"complaint-public-v1","_id":"8281148","_score":13.74968,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Subject : Opportunity to Cure - Second Notice on Reporting Late Payments Dear XXXX XXXX Dealer Services, I trust this communication finds you well. This is my second attempt to address the reporting of late payments concerning my investment with XXXX XXXX XXXX XXXX. The first complaint was submitted to the Consumer Financial Protection Bureau ( CFPB ) on XXXX. \n\nXXXX XXXX has eluded its responsibility by suggesting verbal communication as the solution to this issue. However, given the lack of resolution and the urgency of the matter, I am compelled to put a cease and desist order in place to limit the forms of communication. Henceforth, I am only to be contacted through mail and the CFPB. \n\nIn addition to these measures, I must bring to your attention that, pursuant to XXXX CFR XXXX ( b ), consumer credit is defined as credit extended to a natural person primarily for personal, family, or household purposes. In accordance with this definition, if credit means the right granted by a creditor to defer its payment or purchase property or services and defer payment therefor, I assert that I am the consumer of this transaction. This assertion is based on the fact that my credit card, also known as my Social Security Number, funded the account by accessing my open-ended credit plan. \n\nFurthermore, I declare a billing error in accordance with Regulation Z, considering the determination of finance charge and XXXX pursuant to XXXX XXXX XXXX ( XXXX ) ; XXXX XXXX XXXX ( a ) ( XXXX ) ( i ) and ( ii ). In light of these regulations, I hereby rescind the promise to pay and only commit to paying a finance charge as defined in federal law. These factors are integral to the understanding of the financial arrangement in question and merit due consideration in the resolution of the reported late payments. \n\nAs an investor, I provided XXXX XXXX XXXX XXXX with an asset-backed security. XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX a furnisher of information, is required to provide accurate information to credit reporting agencies. The absence of a system to verify billing statements with investors, as outlined in XXXX XXXX. XXXX ( b ), raises significant questions about the permissible purpose for reporting such information without explicit written consent or a court order. \n\nIn addition to federal law, I want to emphasize XXXX Article XXXX - Secured Transactions ( XXXX ). This section mandates that a secured party must conduct enforcement in a commercially reasonable manner. Given the discrepancies in my billing statements, it appears there might be a violation of XXXX Article XXXX ( XXXX ) guidelines. \n\nMoreover, XXXX Article XXXX ( XXXX ) underscores the duty of a secured party to conduct a comprehensive investigation when an investor disputes the accuracy of information related to their account. To address concerns of security fraud, I insist on a thorough investigation into my account, including a XXXX audit. \n\nIn the event of a XXXX audit, the auditor will have the capability to retrieve the CUSIP number associated with my security. This auditor will be able to scrutinize the financial details, including how much money XXXX XXXX XXXX XXXX has generated from my security and its current valuation. \n\nFailure to promptly rectify these issues may result in further legal actions, including the involvement of the Internal Revenue Service ( IRS ) to ensure compliance with tax regulations. My primary objective is to resolve these matters amicably, and I firmly believe that a comprehensive and timely correction of my credit report is in the best interest of both parties. \n\nI kindly request the immediate correction of my credit report to accurately reflect a \" paid as agreed, never late '' payment history, aligning with both federal laws, particularly the FCRA, and XXXX Article XXXX ( XXXX, XXXX ) requirements. \n\nI trust that XXXX XXXX XXXX XXXX will take immediate, comprehensive steps to address these concerns to avoid further legal actions and to maintain the integrity of our business relationship. Your prompt attention to these additional considerations is appreciated as we work towards an amicable resolution.","date_sent_to_company":"2024-02-04T23:49:06.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"30906","tags":null,"has_narrative":true,"complaint_id":"8281148","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-02-04T23:49:02.000Z","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":["XXXX XXXX XXXX XXXX XXXX XXXX XXXX a furnisher of information, is <em>required</em> to provide accurate information to credit reporting agencies. The absence of a system to verify <em>billing</em> statements with investors, as outlined in XXXX XXXX. XXXX ( b ), raises significant questions about the permissible purpose for reporting such information without explicit written consent or a court <em>order</em>. \n\nIn addition to federal law, I want to emphasize XXXX Article XXXX - Secured Transactions ( XXXX )."]},"sort":[13.74968,"8281148"]},{"_index":"complaint-public-v1","_id":"8281209","_score":13.712715,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Subject : Opportunity to Cure - Second Notice on Reporting Late Payments Dear Wells Fargo Dealer Services, I trust this communication finds you well. This is my second attempt to address the reporting of late payments concerning my investment with Wells Fargo Dealer Services. The first complaint was submitted to the Consumer Financial Protection Bureau ( CFPB ) on XXXX. \n\nWells Fargo has eluded its responsibility by suggesting verbal communication as the solution to this issue. However, given the lack of resolution and the urgency of the matter, I am compelled to put a cease and desist order in place to limit the forms of communication. Henceforth, I am only to be contacted through mail and the CFPB. \n\nIn addition to these measures, I must bring to your attention that, pursuant to 12 CFR 202.2 ( b ), consumer credit is defined as credit extended to a natural person primarily for personal, family, or household purposes. In accordance with this definition, if credit means the right granted by a creditor to defer its payment or purchase property or services and defer payment therefor, I assert that I am the consumer of this transaction. This assertion is based on the fact that my credit card, also known as my Social Security Number, funded the account by accessing my open-ended credit plan.\n\nFurthermore, I declare a billing error in accordance with Regulation Z, considering the determination of finance charge and APR pursuant to 15 USC 1607 ( e ) ; 12 CFR 1026.23 ( a ) ( 3 ) ( i ) and ( ii ). In light of these regulations, I hereby rescind the promise to pay and only commit to paying a finance charge as defined in federal law. These factors are integral to the understanding of the financial arrangement in question and merit due consideration in the resolution of the reported late payments.\n\nAs an investor, I provided Wells Fargo Dealer Services with an asset-backed security. 15 U.S.C. 1681s-2 Wells Fargo Dealer Services , as a furnisher of information, is required to provide accurate information to credit reporting agencies. The absence of a system to verify billing statements with investors, as outlined in 15 U.S.C. 1666 ( b ), raises significant questions about the permissible purpose for reporting such information without explicit written consent or a court order.\n\nIn addition to federal law, I want to emphasize UCC Article 9 - Secured Transactions ( 9-609 ). This section mandates that a secured party must conduct enforcement in a commercially reasonable manner. Given the discrepancies in my billing statements, it appears there might be a violation of UCC Article 9 ( 9-609 ) guidelines.\n\nMoreover, UCC Article 9 ( 9-625 ) underscores the duty of a secured party to conduct a comprehensive investigation when an investor disputes the accuracy of information related to their account. To address concerns of security fraud, I insist on a thorough investigation into my account, including a Bloomberg audit.\n\nIn the event of a Bloomberg audit, the auditor will have the capability to retrieve the CUSIP number associated with my security. This auditor will be able to scrutinize the financial details, including how much money Wells Fargo Dealer Services has generated from my security and its current valuation. \n\nFailure to promptly rectify these issues may result in further legal actions, including the involvement of the Internal Revenue Service ( IRS ) to ensure compliance with tax regulations. My primary objective is to resolve these matters amicably, and I firmly believe that a comprehensive and timely correction of my credit report is in the best interest of both parties.\n\nI kindly request the immediate correction of my credit report to accurately reflect a \" paid as agreed, never late '' payment history, aligning with both federal laws, particularly the FCRA, and UCC Article 9 ( 9-609, 9-625 ) requirements.\n\nI trust that Wells Fargo Dealer Services will take immediate, comprehensive steps to address these concerns to avoid further legal actions and to maintain the integrity of our business relationship. Your prompt attention to these additional considerations is appreciated as we work towards an amicable resolution.","date_sent_to_company":"2024-02-04T23:48:58.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"30906","tags":null,"has_narrative":true,"complaint_id":"8281209","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2024-02-04T23:24:37.000Z","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":["As an investor, I provided Wells Fargo Dealer Services with an asset-backed security. 15 U.S.C. 1681s-2 Wells Fargo Dealer Services , as a furnisher of information, is <em>required</em> to provide accurate information to credit reporting agencies. The absence of a system to verify <em>billing</em> statements with investors, as outlined in 15 U.S.C. 1666 ( b ), raises significant questions about the permissible purpose for reporting such information without explicit written consent or a court <em>order</em>."]},"sort":[13.712715,"8281209"]},{"_index":"complaint-public-v1","_id":"8281147","_score":13.708452,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Subject : Opportunity to Cure - Second Notice on Reporting Late Payments Dear Wells Fargo Dealer Services, I trust this communication finds you well. This is my second attempt to address the reporting of late payments concerning my investment with Wells Fargo Dealer Services. The first complaint was submitted to the Consumer Financial Protection Bureau ( CFPB ) on XXXX. \n\nWells Fargo has eluded its responsibility by suggesting verbal communication as the solution to this issue. However, given the lack of resolution and the urgency of the matter, I am compelled to put a cease and desist order in place to limit the forms of communication. Henceforth, I am only to be contacted through mail and the CFPB. \n\nIn addition to these measures, I must bring to your attention that, pursuant to XXXX CFR XXXX ( b ), consumer credit is defined as credit extended to a natural person primarily for personal, family, or household purposes. In accordance with this definition, if credit means the right granted by a creditor to defer its payment or purchase property or services and defer payment therefor, I assert that I am the consumer of this transaction. This assertion is based on the fact that my credit card, also known as my Social Security Number, funded the account by accessing my open-ended credit plan. \n\nFurthermore, I declare a billing error in accordance with Regulation Z, considering the determination of finance charge and XXXX pursuant to XXXX XXXX XXXX ( XXXX ) ; XXXX XXXX XXXX ( a ) ( XXXX ) ( i ) and ( ii ). In light of these regulations, I hereby rescind the promise to pay and only commit to paying a finance charge as defined in federal law. These factors are integral to the understanding of the financial arrangement in question and merit due consideration in the resolution of the reported late payments. \n\nAs an investor, I provided Wells Fargo Dealer Services with an asset-backed security. XXXX XXXX. XXXX Wells Fargo Dealer Services , as a furnisher of information, is required to provide accurate information to credit reporting agencies. The absence of a system to verify billing statements with investors, as outlined in XXXX XXXX. XXXX ( b ), raises significant questions about the permissible purpose for reporting such information without explicit written consent or a court order. \n\nIn addition to federal law, I want to emphasize XXXX Article XXXX - Secured Transactions ( XXXX ). This section mandates that a secured party must conduct enforcement in a commercially reasonable manner. Given the discrepancies in my billing statements, it appears there might be a violation of XXXX Article XXXX ( XXXX ) guidelines. \n\nMoreover, XXXX Article XXXX ( XXXX ) underscores the duty of a secured party to conduct a comprehensive investigation when an investor disputes the accuracy of information related to their account. To address concerns of security fraud, I insist on a thorough investigation into my account, including a XXXX audit. \n\nIn the event of a XXXX audit, the auditor will have the capability to retrieve the CUSIP number associated with my security. This auditor will be able to scrutinize the financial details, including how much money Wells Fargo Dealer Services has generated from my security and its current valuation. \n\nFailure to promptly rectify these issues may result in further legal actions, including the involvement of the Internal Revenue Service ( IRS ) to ensure compliance with tax regulations. My primary objective is to resolve these matters amicably, and I firmly believe that a comprehensive and timely correction of my credit report is in the best interest of both parties. \n\nI kindly request the immediate correction of my credit report to accurately reflect a \" paid as agreed, never late '' payment history, aligning with both federal laws, particularly the FCRA, and XXXX Article XXXX ( XXXX, XXXX ) requirements. \n\nI trust that Wells Fargo Dealer Services will take immediate, comprehensive steps to address these concerns to avoid further legal actions and to maintain the integrity of our business relationship. Your prompt attention to these additional considerations is appreciated as we work towards an amicable resolution.","date_sent_to_company":"2024-02-04T23:49:06.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"30906","tags":null,"has_narrative":true,"complaint_id":"8281147","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2024-02-04T23:49:02.000Z","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":["XXXX Wells Fargo Dealer Services , as a furnisher of information, is <em>required</em> to provide accurate information to credit reporting agencies. The absence of a system to verify <em>billing</em> statements with investors, as outlined in XXXX XXXX. XXXX ( b ), raises significant questions about the permissible purpose for reporting such information without explicit written consent or a court <em>order</em>. \n\nIn addition to federal law, I want to emphasize XXXX Article XXXX - Secured Transactions ( XXXX )."]},"sort":[13.708452,"8281147"]},{"_index":"complaint-public-v1","_id":"3982210","_score":11.155635,"_source":{"product":"Mortgage","complaint_what_happened":"To whom this may concern, I, XXXX XXXX XXXX am writing to inform you of gross negligence, discrimination and dishonesty from my mortgage lender. For a ten year U.S. military veteran, and 8 year mortgage loan officer, it is unbelievable that some Americans could stoop so low. \nI bought home but was not told that the city certifications were not done. This is something you have to do every time after you buy a property in the city of XXXX XXXX Ohio. \n\nThis lender first went by Lender USA LLC. Now they go by Nationwide T and L holdings LLC. They are also the mortgage servicer. \nThey should be immediately fined and stripped of lending and mortgage servicing. They should also pay me for pain and suffering. My mortgage should be forgiven as well by them. \nThese are the violations : Inaccurate information on mortgage statements. It says interest rate is 9 percent on the mortgage statement, however I am actually paying 10.5 percent. \nI paid more than what is said on the mortgage statement. Allot of the payments were not counted. Their Bank should be audited in order to show my payments to Lender USA. Harassment by lender putting Nationwdie on mortgage statement. Mortgage statements generally have that part already as a default. Why this change and why 2 mortgage letters sent same month?? \nFaulty inaccurate next due payment dates on mortgage statements. \n\nLender tricked me into missing mortgage payments in order to forclose on home after learning I wanted to sell home and value went up 100 percent. \n\nRegulation C Regulation X - no special booklets etc ( 1024.1-1024.20 ) List of homeownership counseling ( 1024.20 ). As well as all the other mandates for regulation X Mortgage servicing ( 1024.30-1024.41. ) They are unable to be reached most of time.\n\nRegulation B- Was never provided appraisal or any other written valuation ( 1002.14 ) Regulation Z - I was not notified that I had a high cost mortgage in paperwork or otherwise when I bought home. \nI was got a high cost mortgage but they only pulled my credit. They did not check about job or anything else. This is a violation ( violation code ) ( 1026.34 ). \n\nNationwide T and L holdings had a maintenance man as a realtor, named XXXX. They paid him illegally, to facilitate me buying the home instead of a realtor. Nationwide T and L are located in Texas. \n\nI asked Nationwide T and L holdings if I could sell my home around XX/XX/2020. \nI was told I could sell property. I have proof via email. They even sent me the mortgage payoff numbers. On top of that, they said they would forgive a few months back payments if I sold the home before the end of the year. This made me confident that they were telling the truth. Then I made preparations to put home up for auction. I did not make mortgage payment the next month because I thought I was selling the home. But when it came time to sign off on the auction, Nationwide T and L holdings refused. \nThen they said they would forclose my home if I did not pay $ XXXX in a week from that day. How can my back payments equal $ XXXX? They are trying to When asked them why XXXX, they were not business like at all. I did not get a valid reason. Their record keeping is suspect and should be audited. They totally are unprofessional and untrustworthy. They deserve to be punished. \nThis would not have happened if they would have gotten the certificates from the city like they should have. So I bought home thinking it was ok, not knowing or notified that the certifications were not done. It says nothing about certifications in the contract, so it definitely should have been done. The house has major issues that I am still taking care of. Because of many urgent issues I was unable to pay mortgage on time. But they worked with me, until I made them upset. I insulted them after they lied to me saying I could sell the home. They would not respond, only when I berated them. I tried calling and they do not call back. They refuse to speak to me in person. \nThey also realized that they could auction the home for themselves after they saw the value in the home went from $ XXXX to $ XXXX. \nThey blocked me from making a profit because they would have only get the XXXX that was left on the mortgage. \nOn top of that, Nationwide T and L knows this COVID-19 crisis has many businesses hurting such as mine. They like to prey on others especially when they think people are weak. \nThey put me at a high cost 10.5 percent interest rate initially without any notification. Then later said they would refinance at 9 percent when interest rates are at historic lows currently. My credit is about 600. That to me is a form of predatory lending. Furthermore : 1. In the city of XXXX XXXX, Ohio : Point of sale Inspections are required for residential and commercial properties prior to change of occupancy. This was not done by Lender USA aka Nationwide T and L holdings LLC. \n2. Certificate of occupancy inspection is required for residential and commercial properties prior to change of occupancy. This was not done This was not done by Lender USA aka Nationwide T and L holdings LLC 3. A vacant registration is required as well, and was not done. \n\nFor some reason my XXXX mortgage bill Said it was from Nationwdie T and L holdings This I found particularly troubling. Especially because the state of the nation we are in. I find this very discriminatory and demeaning. \nI also find this very threatening and would like some resolution. I can not get any valid response from the lender/mortgage services. \n\nI would appreciate your assistance on helping me get justice regarding these unscrupulous shenanigans by USA Lender aka Nationwide T and L Holdings LLC. \n\nBest Regards, XXXX XXXX XXXX","date_sent_to_company":"2021-01-16T17:23:18.000Z","issue":"Struggling to pay mortgage","sub_product":"Other type of mortgage","zip_code":"44139","tags":"Servicemember","has_narrative":true,"complaint_id":"3982210","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Nationwide T & L Holdings, LLC","date_received":"2020-11-30T22:29:25.000Z","state":"OH","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":["For some reason my XXXX mortgage <em>bill</em> Said it was from Nationwdie T and L holdings This I found particularly troubling. Especially because the state of the nation we are in. I <em>find</em> this very discriminatory and demeaning. \nI also <em>find</em> this very threatening and would like some resolution. I can not get any valid response from the lender/mortgage services."]},"sort":[11.155635,"3982210"]},{"_index":"complaint-public-v1","_id":"10040265","_score":9.665022,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"CREDIT COLLECTION SERVICES has been contacted via written mail and phone on numerous occasions to address a significant error in their account management and credit reporting. This company was mailed a certified letter the week of XX/XX/XXXX and has not responded appropriately which is immediately grounds for deletion and remedy for falsely reporting. Below I will provide all information in relation to this account as a means of transparency to expedite the remedy that is required at this point in time. \n\nCCS was contacted in late XXXX of this year when I was doing a personal audit of my credit reports from the 3 major bureaus : XXXX, XXXX and XXXX. During this time I discovered multiple incorrect and false/misleading items on my reports of which I educated myself on the laws and rights that protect me from fraud. This is the only account listed in collections on all 3 of my credit reports and I can firmly verify the account is not mine. When I received a letter in the mail from CREDIT COLLECTION SERVICES dated XX/XX/XXXX, the only document ( s ) in the envelope included a document labeled final bill with my name on it from XXXX in the amount of {$370.00}, and a letter directly from CREDIT COLLECTION SERVICES stating the CREDITOR as XXXX XXXX XXXXXXXX XXXX account number, amount of debt of {$380.00}, ccs number and a summary stating : enclosed please find a copy of the document ( s ) that substantiate this debt ( see attachments ). The date listed is XX/XX/XXXX which is before the certified letter listed above was sent. When I contacted XXXX via phone on or around XX/XX/XXXX, they firmly stated that I have no debt with them. When opened a new policy with XXXX in XXXXXXXX XXXX XXXX they required me to pay a past due balance of which at the time deemed likely to be this said debt listed on my credit report. I paid the balance because XXXX would not allow me to open a policy until that was taken care of. When I noticed after I paid this balance that this did not come off my credit report I contacted CCS to politely get clarification on what the problem is. They requested I send proof of payment to XXXX which I did via their instruction : XXXX XXXX # XXXX Pin # XXXX. They then claimed that this was a different balance owed through XXXX. I have never signed a contract with CCS, do not have any agreement with them or obligations whatsoever, and never authorized XXXX to share my personal information. When contacting both companies, neither company could give any proof of any contract or debt to be owed and this is a clear indication of fraud. I have since filed an FTC report for the identity theft related to this matter as well. Again XXXX confirmed I have no debts with them and I know for a fact I have never even heard of CCS until I noticed it on my credit report. \n\nIn my attachment you will see the information had being requested which substantiate any potential debt and verify whose it is. As you can see in the attachment the document sent by CCS is simply a bill and proves nothing other than CCS illegally in possession of my personal information. \n\n1. Validation of the debt ( the actual accounting of said debt ) 2. Verification of your claim against me ( a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act ; Uniform Commerical Codes, Federal Fair Credit Reporting Act, and Georgia State Statues for Lawful Purposes. ) 3.A copy of the contract signed by both parties and therefore binding both parties. \n4.Please also provide me with a true and certified copy ( NOT photocopy ) of the Original Note ( Credit Agreement ), under penalty of perjury and with unlimited liability and confirm that this Note, has never been sold. \n5. Please also confirm the name of the individual who is the duly authorized representative from your company, who has carried out due diligence under The Money Laundering Regulations 2007 and what actions he or she has taken in relation to this account.\n\nThis has negatively impacted my credit report for years and affected by ability to obtain credit ultimately affected my physical, mental and emotional well being. XXXX is also clearly not conducting the \" reasonable investigation '' seemingly required by law. I am certain the CFPB will hold these parties responsible for this negligence. \n\nIn the attachments I have provided images of the documents sent by CCS dated XX/XX/XXXX, copies of XXXX and XXXX dispute results ( relevance inquiry explained below ), copy of the FTC report filed today against CCS, and letter send to CCS CFO. \n\nPlease note the XXXX credit dispute results exemplifies the lack of investigation into this false and misleading report information and the XXXX credit dispute results exemplifies yet another inconsistency between involved parties on this account. Specifically you can see on CCS account : Balance : {$380.00} Date Updated : XX/XX/XXXX Payment Received : XX/XX/XXXX ( {$370.00} ) Last Payment Made : XX/XX/XXXX Original Amount : {$370.00} Original Creditor XXXX XXXX ( Insurance ) Past Due : XXXX XXXX XXXX XX/XX/XXXX was the original date that I was required to pay past due balance in order to open new XXXX Account. It says last payment made on collections account was XX/XX/XXXX in the amount of {$370.00}. Which would be close to the amount of {$370.00} that CCS claims is the amount of the final bill sent to me in a clearly lazy attempt to substantiate the potential debt. If there was a payment received for the entire original amount ( the cents don't match either which is grounds for removal ) why is there showing a {$380.00} balance to CCS on my credit reports. \n\nIn conclusion, there is no debt and the non-existent debt does not belong to me. Please expeditiously help in resolving this matter. Thank you for your assistance.","date_sent_to_company":"2024-09-06T20:28:56.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"33907","tags":null,"has_narrative":true,"complaint_id":"10040265","timely":"No","company_response":"Closed with explanation","submitted_via":"Web","company":"CCS Financial Services, Inc.","date_received":"2024-09-06T19:08:04.000Z","state":"FL","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Investigation took more than 30 days"},"highlight":{"complaint_what_happened":["Below I will provide all information in relation to this account as a means of transparency to expedite the remedy that is <em>required</em> at this point in time. \n\nCCS was contacted in late XXXX of this year when I was doing a personal <em>audit</em> of my credit reports from the 3 major bureaus : XXXX, XXXX and XXXX. During this time I discovered multiple incorrect and false/misleading items on my reports of which I educated myself on the laws and rights that protect me from fraud."]},"sort":[9.665022,"10040265"]},{"_index":"complaint-public-v1","_id":"10039336","_score":9.665022,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX has been contacted via written mail and phone on numerous occasions to address a significant error in their account management and credit reporting. This company was mailed a certified letter the week of XX/XX/XXXX and has not responded appropriately which is immediately grounds for deletion and remedy for falsely reporting. Below I will provide all information in relation to this account as a means of transparency to expedite the remedy that is required at this point in time. \n\nXXXX was contacted in late XXXX of this year when I was doing a personal audit of my credit reports from the 3 major bureaus : XXXX, XXXX and Equifax. During this time I discovered multiple incorrect and false/misleading items on my reports of which I educated myself on the laws and rights that protect me from fraud. This is the only account listed in collections on all 3 of my credit reports and I can firmly verify the account is not mine. When I received a letter in the mail from XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXX/XX/XXXX, the only document ( s ) in the envelope included a document labeled final bill with my name on it from XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX account number, amount of debt of {$380.00}, XXXX number and a summary stating : enclosed please find a copy of the document ( s ) that substantiate this debt ( see attachments ). The date listed is XX/XX/XXXX which is before the certified letter listed above was sent. When I contacted XXXX via phone on or around XX/XX/XXXX, they firmly stated that I have no debt with them. When opened a new policy with XXXX in XXXX of XXXX, they required me to pay a past due balance of which at the time deemed likely to be this said debt listed on my credit report. I paid the balance because XXXX would not allow me to open a policy until that was taken care of. When I noticed after I paid this balance that this did not come off my credit report I contacted XXXX to politely get clarification on what the problem is. They requested I send proof of payment to XXXX which I did via their instruction : XXXX XXXX XXXX XXXX XXXX XXXX XXXX. They then claimed that this was a different balance owed through XXXX I have never signed a contract with XXXX, do not have any agreement with them or obligations whatsoever, and never authorized XXXX to share my personal information. When contacting both companies, neither company could give any proof of any contract or debt to be owed and this is a clear indication of fraud. I have since filed an FTC report for the identity theft related to this matter as well. Again XXXX confirmed I have no debts with them and I know for a fact I have never even heard of XXXX until I noticed it on my credit report. \n\nIn my attachment you will see the information had being requested which substantiate any potential debt and verify whose it is. As you can see in the attachment the document sent by XXXX is simply a bill and proves nothing other than XXXX illegally in possession of my personal information. \n\n1. Validation of the debt ( the actual accounting of said debt ) 2. Verification of your claim against me ( a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act ; Uniform Commerical Codes, Federal Fair Credit Reporting Act, and Georgia State Statues for Lawful Purposes. ) 3.A copy of the contract signed by both parties and therefore binding both parties. \n4.Please also provide me with a true and certified copy ( NOT photocopy ) of the Original Note ( Credit Agreement ), under penalty of perjury and with unlimited liability and confirm that this Note, has never been sold.\n\n5. Please also confirm the name of the individual who is the duly authorized representative from your company, who has carried out due diligence under The Money Laundering Regulations XXXX and what actions he or she has taken in relation to this account. \n\nThis has negatively impacted my credit report for years and affected by ability to obtain credit ultimately affected my physical, mental and emotional well being. Equifax is also clearly not conducting the \" reasonable investigation '' seemingly required by law. I am certain the CFPB will hold these parties responsible for this negligence. \n\nIn the attachments I have provided images of the documents sent by XXXX dated XX/XX/XXXX, copies of equifax and XXXX dispute results ( relevance inquiry explained below ), copy of the FTC report filed today against XXXX, and letter send to XXXX XXXX. \n\nPlease note the equifax credit dispute results exemplifies the lack of investigation into this false and misleading report information and the transunion credit dispute results exemplifies yet another inconsistency between involved parties on this account. Specifically you can see on XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXXXX/XX/XXXX was the original date that I was required to pay past due balance in order to open XXXX XXXXXXXX XXXX It says last payment made on collections account was XX/XX/XXXX in the amount of {$370.00}. Which would be close to the amount of {$370.00} that XXXX claims is the amount of the final bill sent to me in a clearly lazy attempt to substantiate the potential debt. If there was a payment received for the entire original amount ( the cents don't match either which is grounds for removal ) why is there showing a {$380.00} balance to XXXX on my credit reports. \n\nIn conclusion, there is no debt and the non-existent debt does not belong to me. Please expeditiously help in resolving this matter. Thank you for your assistance.","date_sent_to_company":"2024-09-06T20:29:29.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"33907","tags":null,"has_narrative":true,"complaint_id":"10039336","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-09-06T20:29:04.000Z","state":"FL","company_public_response":null,"sub_issue":"Investigation took more than 30 days"},"highlight":{"complaint_what_happened":["Specifically you can see on XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXXXX/XX/XXXX was the original date that I was <em>required</em> to pay past due balance in <em>order</em> to open XXXX XXXXXXXX XXXX It says last payment made on collections account was XX/XX/XXXX in the amount of {$370.00}."]},"sort":[9.665022,"10039336"]},{"_index":"complaint-public-v1","_id":"10039339","_score":9.632678,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX has been contacted via written mail and phone on numerous occasions to address a significant error in their account management and credit reporting. This company was mailed a certified letter the week of XX/XX/XXXX and has not responded appropriately which is immediately grounds for deletion and remedy for falsely reporting. Below I will provide all information in relation to this account as a means of transparency to expedite the remedy that is required at this point in time. \n\nXXXX was contacted in late XXXX of this year when I was doing a personal audit of my credit reports from the 3 major bureaus : Transunion, XXXX and XXXX. During this time I discovered multiple incorrect and false/misleading items on my reports of which I educated myself on the laws and rights that protect me from fraud. This is the only account listed in collections on all 3 of my credit reports and I can firmly verify the account is not mine. When I received a letter in the mail from XXXX XXXX XXXX dated XX/XX/XXXX, the only document ( XXXX ) in the envelope included a document labeled final bill with my name on it from XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CO, account number, amount of debt of {$380.00}, XXXX number and a summary stating : enclosed please find a copy of the document ( XXXX ) that substantiate this debt ( see attachments ). The date listed is XX/XX/XXXX which is before the certified letter listed above was sent. When I contacted XXXX via phone on or around XX/XX/XXXX, they firmly stated that I have no debt with them. When opened a new policy with XXXX in XXXX of XXXX, they required me to pay a past due balance of which at the time deemed likely to be this said debt listed on my credit report. I paid the balance because XXXX would not allow me to open a policy until that was taken care of. When I noticed after I paid this balance that this did not come off my credit report I contacted XXXX to politely get clarification on what the problem is. They requested I send proof of payment to XXXX which I did via their instruction : XXXX XXXX # XXXXXXXX XXXX XXXX XXXX They then claimed that this was a different balance owed through XXXX. I have never signed a contract with XXXX, do not have any agreement with them or obligations whatsoever, and never authorized XXXX to share my personal information. When contacting both companies, neither company could give any proof of any contract or debt to be owed and this is a clear indication of fraud. I have since filed an FTC report for the identity theft related to this matter as well. Again XXXX  confirmed I have no debts with them and I know for a fact I have never even heard of XXXX until I noticed it on my credit report. \n\nIn my attachment you will see the information had being requested which substantiate any potential debt and verify whose it is. As you can see in the attachment the document sent by XXXX is simply a bill and proves nothing other than XXXX illegally in possession of my personal information. \n\n1. Validation of the debt ( the actual accounting of said debt ) 2. Verification of your claim against me ( a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act ; Uniform Commerical Codes, Federal Fair Credit Reporting Act, and Georgia State Statues for Lawful Purposes. ) 3.A copy of the contract signed by both parties and therefore binding both parties.\n\n4.Please also provide me with a true and certified copy ( NOT photocopy ) of the Original Note ( Credit Agreement ), under penalty of perjury and with unlimited liability and confirm that this Note, has never been sold. \n5. Please also confirm the name of the individual who is the duly authorized representative from your company, who has carried out due diligence under The Money Laundering Regulations XXXX and what actions he or she has taken in relation to this account. \n\nThis has negatively impacted my credit report for years and affected by ability to obtain credit ultimately affected my physical, mental and emotional well being. XXXX is also clearly not conducting the \" reasonable investigation '' seemingly required by law. I am certain the CFPB will hold these parties responsible for this negligence. \n\nIn the attachments I have provided images of the documents sent by XXXX dated XX/XX/XXXX, copies of XXXX and transunion dispute results ( relevance inquiry explained below ), copy of the FTC report filed today against XXXX, and letter send to XXXX XXXX. \n\nPlease note the XXXX credit dispute results exemplifies the lack of investigation into this false and misleading report information and the transunion credit dispute results exemplifies yet another inconsistency between involved parties on this account. Specifically you can see on XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX was the original date that I was required to pay past due balance in order to open XXXX XXXX Account. It says last payment made on collections account was XX/XX/XXXX in the amount of {$370.00}. Which would be close to the amount of {$370.00} that XXXX claims is the amount of the final bill sent to me in a clearly lazy attempt to substantiate the potential debt. If there was a payment received for the entire original amount ( the cents don't match either which is grounds for removal ) why is there showing a {$380.00} balance to XXXX on my credit reports. \n\nIn conclusion, there is no debt and the non-existent debt does not belong to me. Please expeditiously help in resolving this matter. Thank you for your assistance.","date_sent_to_company":"2024-09-06T20:29:29.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"33907","tags":null,"has_narrative":true,"complaint_id":"10039339","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-09-06T20:29:04.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Investigation took more than 30 days"},"highlight":{"complaint_what_happened":["Specifically you can see on XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX was the original date that I was <em>required</em> to pay past due balance in <em>order</em> to open XXXX XXXX Account. It says last payment made on collections account was XX/XX/XXXX in the amount of {$370.00}."]},"sort":[9.632678,"10039339"]},{"_index":"complaint-public-v1","_id":"10263779","_score":8.705601,"_source":{"product":"Debt collection","complaint_what_happened":"Date:XXXX  XX/XX/2024 Name-XXXX  XXXX AddressXXXX XXXX XXXX XXXX XXXX TX, XXXX Phone Number XXXX Last four of my social XXXX Email XXXX In Reference to-CFPB Debt owed to XXXX XXXX XXXX XXXX/Capital One Address- XXXX XXXX XXXX XXXX VA XXXX XXXX Account Number XXXX XXXX Phone Number- ( XXXX XXXX XXXX To Whom It May Concern : Be advised this is not a refusal to pay, but a notice that your claim is disputed, and validation is requested. Under the Fair Debt collection Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt. I would need the physical agreement/contract from the original creditor with a wet signature to bind the contract that I owe you. Being that this is a sold debt it is a breach of contract and breach of privacy policy that is in the contract selling my personal information to a debt collector. It is illegal for a debt collector to purchase and collect on a debt that is not originally theirs and a breach of all contracts and privacy acts. \nThis is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.\n\nAt this time, I will also inform you that if your offices have or continue to report invalidated information to any of the three major credit bureaus ( XXXX, XXXX, XXXX ), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you for the following : Violation of the Fair Debt Collection Practices Act and Defamation of Character. \nI am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. \nIf your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. \n\nIt would be advisable that you and your client assure that your records are in order before I am forced to take legal action. \nCREDITOR/DEBT COLLECTOR DECLARATION Please provide the following : Agreement with your client that grants you the authority to collect on this alleged debt. \nAgreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor.\n\nAny insurance claims have been made by any creditor regarding this account.\n\nAny Judgments obtained by any creditor regarding this account. \nName and address of alleged creditor. \nName on file of alleged debtor. \nAlleged account number. \nAddress on file for alleged debtor. \nAmount of alleged debt. \nThis alleged debt became payable. \nDate of original charge off or delinquency. \nVerification that this debt was assigned or sold to the collector.\n\nComplete accounting of alleged debt.\n\nCommission for debt collector if collection efforts are successful.\n\nPlease provide the name and address of the bonding agent for <COLLECTION AGENCIES> in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back. \nI have sent a debt validation to this company over 45 days ago requesting validation and they have not responded or provided the documents. They have not provided an original signed contract between myself and the original lender to prove that this debt belongs to me. Capital One has not sent proof that they own this debt with the original signed contract. They have not provided me with a bill of sale, 1099-C as well. No documents have been provided with any proof of this debt that can hold me liable to this debt. This company has refused to comply with providing any further documentation of proof of debt. They have placed this on my credit damaging my credit on all XXXX credit bureaus XXXX, XXXX and XXXX. This needs to be removed from all three credit files immediately and deleted. They also have placed false information on my credit file that is inaccurate stating the account charged off/ written off which being said they would have to supply me a 1099-C so I can file this on my taxes with the IRS. This is fraudulent acts and need to be looked into by the IRS and audited on their behalf of reporting. There can not be an account that a company has written off they have claimed on their taxes then they continue to collect on. Inaccuracies that are placed on a credit report from a debt collector are a violation of the federal law and they can be fined. Wrongful documentation and damaging my credit as well as being in violation of Consumer privacy Act, Arbitration Agreement, HIPAA, Sharing private disclosed information example my social security number, personal information to several companies. My personal information should not have been passed around and exposed ; this is personal confidential information. There needs to be a full complete contract provided with all signatures from all legal parties on the documents to state the debt belongs to me and state that I owe. This has caused damage to my credit preventing me from buying a car, house and being able to go to my financial intuition to borrow money when needed. I will pursue the next legal steps that need to be taken in order to have this company remove this false accused information on my credit file. This report will also be reported to the IRS so the debt collection company can be under investigation and audited to make sure they are following all state guidelines and regulations under the federal law. This company now has sold this account that they have written off to another debt collector called XXXX XXXX XXXX XXXX and gave me an inaccurate account number of XXXX. I called the company and a lady by the name XXXX XXXX answered the phone stating she could not find the file or account and asked if I went by a last name, I told her no. She placed me on hold and came back to the line and stated that she could not find the account to call back in a couple of weeks and it may be located. This seems to be fraudulent errors in both parties and inaccuracies that they both have against me.This wrongful documentation is damaging my credit as well as being in violation of Consumer privacy Act, Arbitration Agreement, HIPAA, Sharing private disclosed information example my social security number, personal information to several companies. Capital One has passed my personal information around and exposed personal confidential information. There has been a hold and setback for the damage of my credit prevention of buying a car, house and being able to go to my financial intuition to borrow money when needed because of this reporting on my credit. \n\n\nCc Federal Trade Commision Best Regards [ XXXX XXXX ]","date_sent_to_company":"2024-09-26T14:32:34.000Z","issue":"False statements or representation","sub_product":"I do not know","zip_code":"76522","tags":"Servicemember","has_narrative":true,"complaint_id":"10263779","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2024-09-26T13:54:40.000Z","state":"TX","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["I will pursue the next legal steps that need to be taken in <em>order</em> to have this company remove this false accused information on my credit file. This report will also be reported to the IRS so the debt collection company can be under investigation and <em>audited</em> to make sure they are following all state guidelines and regulations under the federal law."]},"sort":[8.705601,"10263779"]},{"_index":"complaint-public-v1","_id":"4729864","_score":8.1608515,"_source":{"product":"Mortgage","complaint_what_happened":"This complaint/letter serves as an appeal of the denial by Flagstar bank of our application for loss mitigation. Although we have been supplied insufficient information to provide a complete appeal, this letter serves as our best effort given the current situation. We submitted 43 pages of documentation in our loss mitigation application, beginning on XX/XX/XXXX. This process took hours of work, and multiple phone calls to the Flagstar customer support/hardship task force line to work this process out. The online application was incorrectly entering a date, so we were instructed to print and manually file the paperwork, then upload it to the portal which we did. I called to follow up, and was notified at that time verbally ( Friday XX/XX/XXXX ) that more documentation was needed. We completed this other documentation and uploaded on the portal Saturday XX/XX/XXXX. \n\nOn Tuesday XX/XX/XXXX I again called to validate that all documentation was received and was in proper order. It was at this time that I was notified that our application had been denied, and informed that I had the option to appeal. I requested the reason for denial and was told VA has denied you because you did not make 12 payments. I requested the documentation of the denial so that I could form my appeal. The agent told me it would be in the mail, but that I needed to be quick because I only had 14 days to appeal. I requested escalation to a manager/supervisor and was told someone would call me back within 24-48 hours. \n\nThe following morning ( Wednesday XX/XX/XXXX ) I received a call from XXXX, an escalation manager by his description. XXXX was short and confrontational from the start of our conversation, and I became upset. I specifically asked for clarification about what options are available to us as VA loan holders, because VA has provided specific guidance for new programs specific to the COVID 19 situation, to support veterans retaining their home and coming out of forbearance successfully. By this time, I had researched VA loan seasoning requirements and found out that VA does not require 12 months of payments, but only 6 months of payments + 210 days elapsed since the first payment of the loan ( see references VA XXXX XXXX0-25 & 26/20/25 Change 1, as well as Public Law NO : 116-33, related to Senate Bill 1749 Protecting Affordable Mortages for Veterans Act of 2019. ) We did make 7 full payments on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX to our previous servicer, XXXX XXXX, before electing COVID 19 Forbearance due to my wife not being able to work as an elementary school teacher due to the requirement that our school age children be at home. \n\nI requested XXXX to provide me in writing the reasons for denial, and he said XXXX would not be doing that. I asked how I could appeal, without seeing the denial reasoning in writing, and he repeatedly refused to assist. He repeatedly stated that VA had been the party to deny me on the application, and this is either an outright lie or misdirection, as VA circular 26-21-13 ( the COVID-19 Home Retention Waterfall and COVID-19 Refund Modification ) clearly states in the circular that VA prior approval for multiple programs ( including the new VAPCP and COVID-19 Refund Modification ) is not required. Flagstar stating both that VA issued the denial and that the reasoning is that the loan is not-seasoned by failing to complete 12 payments is clearly at error.\n\nThrough all of this time, I have been told repeated that information regarding our appeal has been mailed to us, but not one piece of mail has been received regarding this application. I finally got transferred to Flagstar customer support team, where after 50 minutes on hold I received a pdf document by email from customer support agent XXXX XXXX. This document includes 88 total pages, including our full Loss Mitigation App, the full credit reports for both myself and my wife, and only 3 pages of an obviously clipped email chain from Loss Mitigation Underwriter XXXX XXXX XXXX to an XXXX Support. The entirety of that email chain includes no helpful information whatsoever, with regard to this appeal. The subject line of the email reads : # XXXX XXXX VA denial ( there is either no body of this email or it was removed in this document ), with a reply by XXXX Support stating : Hello, Please correct/review the following before proceeding and send back the entire audit file to XXXX Support for the \" proceed '' email after the corrections have been made : If you hit forward instead of reply to this email it will keep the audit file attached Loans/Debt Installment amount incorrect. \n\nThank you Followed by a reply by Loss Mitigation Underwriter XXXX XXXX XXXX of only Correction made and a final reply from XXXX Support stating : The loan has been reviewed for special servicing and the outcome remains the same. Please proceed with the denial. \n\nThe documentation of our credit shows our credit-worthiness, with credit scores of XXXX & XXXX for myself and my wife, respectively. That we apparently do not qualify for any program is insulting, and I am left truly wondering about the average veteran, that has neither the time nor the skills able to research and appeal like I am currently. This being all that is provided to the borrower ( and that I had to dig for hours to even receive ) is clearly purposefully opaque so as to keep the borrower misinformed about both the process, and any way to find a path forward to the satisfaction of the borrower. \n\nSince this appeal is not fully informed, I am considering retaining of counsel if this process does improve. In my reading of the situation, Flagstar bank as the servicer of my VA loan is clearly not following the COVID-19 Home Retention Waterfall, which circular 26-21-13 clearly states : To help servicers apply VAs preferred order of home retention options when assisting borrowers affected by the COVID-19 pandemic, VA has developed the COVID-19 Home Retention Waterfall. ***Services are to follow this waterfall, choosing appropriate options based on borrowers self-assessment of their ability to resume regular payments on a VA-guaranteed loan and to repay amounts missed under a COVID-19 forbearance. *** ( emphasis mine ) VA has done an excellent job outlining its preferred method to get Veterans back on the proper path with respect to home ownership through these programs. Flagstars escalation manager finally told me ( after much cajoling ) that Flagstar is refusing to offer their borrowers the programs recently released by VA, such as the COVID-VAPCP or COVID-19 Refund Modification. It is my belief that Flagstar has deliberately chosen this path because they prefer to fully capitalized the arrears in their own modification, install a trial plan ( see reference to other CFPB complaints related by Flagstar customers at CFPB Complaints # XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX. These are only the complaints that are publicly available and that are related to COVID-19 forbearance and loan modification for VA loans ) and not find the option in the best financial interest of Veterans. This is clearly out of line with the intent of VA Circulars 26-20-25 & 26-21-13. While I do understand Flagstar is not required to offer COVID-VAPCP as an option to borrowers, I believe Flagstar is purposefully obfuscating the process of ending a forbearance for it to maximize its profit, rather than enabling Veterans to retain their homes, successfully and within their financial means. \n\nIn summation : I request formal, written documentation of all reasons for denial of loss mitigation. \n\nI request that Flagstar review Circular 26-21-13 that provides the proper COVID-19 Home Retention Waterfall for VA loans , that Flagstar proceed using this VA-outlined process, and do so in good faith.\n\nI request written proof of VA denial of prior approval. The verbal references to VA denying my application are either a lie, or purposefully misdirection of blame from Flagstar to VA. VA is clearly not requiring VA prior approval for numerous options, not just COVID-VAPCP and COVID-19 Refund Modifications.\n\nI request that Flagstar do consider these programs ( COVID-VAPCP and COVID-19 Refund Modifications ), under which Flagstar can both capitalize arrears ( receiving liquid cashflow from VA ) as well as receive VAs usual financial incentive for having completed a successful loan modification.\n\nI request that Flagstar review loan seasoning requirements for VA loans, and if my understanding is correct, provide written proof of training supplied to Flagstar customer support and Hardship Taskforce staff that 12 months of payments is not the true requirement for consideration of modification, but 6 months of payments + 210 elapsed since the due date of the first payment, consistent with Public Law No : 116-33, Protecting Affordable Mortgages for Veterans Act of 2019. Flagstar should use the proper 6 month +210 rule, for which we qualify after completing 7 payments to XXXX XXXX  on XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX. \n\nI request that Flagstar provide documentation for where the 12 months of payments rule is coming from. Clearly, Flagstar call center staff have been trained that this is a requirement for consideration. That appears to be false, if Im understanding the law. If Flagstar is intentionally misleading borrowers, Consumer Financial Protection Bureau, Department of Veterans Affairs, and California Department of Business Oversight and California Bureau of Real Estate should investigate Flagstar bank for misleading practices, and review how many Veterans have been misinformed and received undue economic harm as a result of receiving bad information from Flagstar, clearly because it is in the financial interest of Flagstar Bank.\n\nI request CFPB ( and/or other proper regulatory agencies ) review Flagstar Bank policies because of the clear trend of negative behavior of their customers, with particular attention to how Veterans have been treated unfairly. The previously mentioned CFPB complaints are all related to an opaque, difficult process that Flagstar is operating. Given the current environment related to these loans, some difficulty in managing this modification process at this time is predictable and understandable. Flagstars process, standards, training and resultant advice of its call staff is woefully inappropriate, at best, and possibly purposefully obtuse or negligent of the intent of the law.\n\nReferences Veterans Benefits Administration Circular 26-20-25, June 30, 2020 XXXX XXXXXXXX Veterans Benefits Administration Circular 26-20-25 Change 1, September 15, 2020 XXXX XXXX XXXX Senate Bill 1749, Protecting Affordable Mortgages for Veterans Act of 2019, became public law on 7/25/2019 XXXX XXXX XXXXXXXX Consumer Financial Protection Bureau Complaints above referenced : XXXX XXXX XXXX : XXXX # XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX","date_sent_to_company":"2021-09-17T17:24:53.000Z","issue":"Struggling to pay mortgage","sub_product":"VA mortgage","zip_code":"91384","tags":"Servicemember","has_narrative":true,"complaint_id":"4729864","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Flagstar Bank, N.A.","date_received":"2021-09-17T16:59:02.000Z","state":"CA","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":["By this time, I had researched VA loan seasoning requirements and found out that VA does not <em>require</em> 12 months of payments, but only 6 months of payments + 210 days elapsed since the first payment of the loan ( see references VA XXXX XXXX0-25 & 26/20/25 Change 1, as well as Public Law NO : 116-33, related to Senate <em>Bill</em> 1749 Protecting Affordable Mortages for Veterans Act of 2019. ) We did make 7 full payments on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX to"]},"sort":[8.1608515,"4729864"]},{"_index":"complaint-public-v1","_id":"9454939","_score":8.022408,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"FTC and FCPB, Bank of America needs to be audited on their delinquent accounts, modified repayment plans, and charged off accounts. \n\nBetween XX/XX/XXXX - XX/XX/XXXX I authorize Bank of America to give all me information to FCPB. As I have already provided every personal item of information with the complaint. They have gotten away with doing whatever they want without having to justify anything by hiding behind an excuse they can't reapply for privacy issues. \n\nBank of America, XXXX. Charging off an account and getting a tax break for bad debt on a debt they made bad themselves. They lied to the credit bureaus that payments were missed to charge the account off in XXXX, after being paid {$1100.00} in XXXX. Their only loss was the fake credits they applied to my account on XX/XX/XXXX, that they then negated by reapplying them as charge off fees ( As if I should pay them {$1100.00} to charge my account off, after I already paid them {$1100.00} to charge it off ) They voided the repayment plan themselves by charging the account off. \nXXXX. Making a second modified account they dont apply payments to, so they can charge it off. One account wasnt charged off on the XX/XX/XXXX and XX/XX/XXXX statement and one account was charged off on XX/XX/XXXX. It cant be charged off on XX/XX/XXXX and NOT charged off at the same time. \nXXXX. Making up different amounts they charged off. Was it {$12000.00} they reported on XX/XX/XXXX, {$12000.00} they reported to XXXX on XX/XX/XXXX, no charge off amount they temporarily reported after I filed the complaint with the XXXX, or {$12000.00} that was stated in the XXXX  response letter the balance was on XX/XX/XXXX? \nXXXX. Making up numerous different days and months it was charged off. Was it charged off on XX/XX/XXXX as it shows on the account online and was reported to the bureaus. Was it NOT charged off as it shows on the XX/XX/XXXX email. Was it charged off on XX/XX/XXXX as they claim in the XX/XX/XXXX letter. Was it or was it not charged off when they temporarily removed the XXXX  and XXXX but kept the status as charged off. Or do they want to pretend it wasnt charged of until after XX/XX/XXXX, as the FAKE statements they attached with their XX/XX/XXXX letter show? \nXXXX. Reporting numerous PRLs being done on XXXX account in a matter of XXXX months. \na. First its a XXXX in XXXX on credits they added to the account XX/XX/XXXX ( until they debited them back as fees 2 days later on XX/XX/XXXX ) Adding credits you arent really giving me is a loss? \nb. Then after temporarily removing the XXXX for about XXXX weeks after I filed a complaint, its became a XXXX in XXXX AND a PRL in XXXX. The {$1100.00} they were paid in XXXX was a loss? The XX/XX/XXXX payment of {$260.00} and the XX/XX/XXXX payment of {$230.00} was a loss on an account they charged off on XX/XX/XXXX? Or was the loss from pretending the XX/XX/XXXX {$880.00} charge off reaaply fee didnt exist, so they could make it become interest instead on a fake XX/XX/XXXX invoice. \nXXXX. Making up fake statements. The account was already charged off by XXXX. How is there a minimum payment due on a XX/XX/XXXX and XX/XX/XXXX statement for a charged off account? How did a credit on the account for {$840.00} on XX/XX/XXXX disappear and become {$840.00} in interest on XX/XX/XXXX instead on a statement, but still shows as a {$840.00} reapply fee on XX/XX/XXXX online to this day? \nXXXX. REPEATEDLY intentionally providing inaccurate information to the credit bureaus. It is impossible for every different way Bank of America reported things to all be accurate. \nXXXX. Harassing me with calls until XX/XX/XXXX to collect on a debt they were collecting on since XX/XX/XXXX and having XXXX service the debt on XX/XX/XXXX at the same time to harass me along with them. \nXXXX. Applying credits to an account in order to do a PRL. Because that is the only way they could make a loss out of payments. And then negating those credits XXXX days later by applying charge off fees to balance the account to charge off. They didnt give me an actual credit for anything. XXXX of their credits is under a atm transaction and then negated with a bank transaction charge off reapply fee. And then changed into being interest on a fake statement that isnt charged off yet, when the account is actually charged off. \nXXXX. Billing for XXXX current payments due in XXXX billing cycle. XX/XX/XXXX statement current payment due of {$430.00} by XXXX XXXX, which was paid. They then charged another {$230.00} current payment due on XX/XX/XXXX, to be due by XXXX XXXX, to modify the terms. And then another current payment due of {$230.00} was charged on XXXX XXXX statement. \nXXXX. Refusing to set up a temporary hardship repayment plan. Their hardship plan is actually a debt counseling plan, unless they get paid XXXX current payment due just to modify it. And then they modify it in the same billing cycle to owe them over half of the past due as a total minimum due. \nXXXX. Lying an account wont be charged off if the fixed payment is made. \nXXXX. Forcing people to agree to terms, while stating they arent authorized to set the plan up, they dont know how long it will take to find out if it is, and they dont know what the total minimum payment will be if it is authorized. ( The conversation is recorded for proof. ) XXXX. Requiring a payment just to see if a loan modification can get authorized. \nXXXX. Setting up repayment plans to start and be due in XXXX days. \nXXXX. Stating an approval letter will be sent in the mail, and then making a payment due before its possible that the letter will be received in time to even know that payment was due. I only knew because I happened to check the account. \nXXXX. Reporting an account perpetually delinquent, even though they are receiving payments. \nXXXX. Making up vague terms in order to adjust them to be anything they want. Payment must be made in the month due can either be the month the statement was received or the month the due date falls in. Proof : Same terms for both my accounts that have a due date XXXX day apart. XXXX account wasnt a missed payment on XX/XX/XXXX and the other account they charged off for the XX/XX/XXXX payment being a missed payment for XXXX. \nXXXX. Setting repayment plans up in a way that almost guarantees failure and does nothing different than no plan would have done. I had a total minimum due of {$2700.00} with {$430.00} of it the current payment due, due by XX/XX/XXXX. I paid the {$430.00} just for them to modify it. To witch they modified it to start XXXX XXXX to owe them another {$1400.00} by XXXX XXXX. Their plan is pay them as much as it takes to bring the account to under 90 days delinquent. No one needs their plan to do the same thing they could do without their plan. And if they could afford that, they arent trying to get on a plan to pay that much first, before they pay that much.","date_sent_to_company":"2024-07-08T18:11:02.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"53142","tags":null,"has_narrative":true,"complaint_id":"9454939","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2024-07-08T17:47:47.000Z","state":"WI","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["And then they modify it in the same <em>billing</em> cycle to owe them over half of the past due as a total minimum due. \nXXXX. Lying an account wont be charged off if the fixed payment is made. \nXXXX. Forcing people to agree to terms, while stating they arent authorized to set the plan up, they dont know how long it will take to <em>find</em> out if it is, and they dont know what the total minimum payment will be if it is authorized. ( The conversation is recorded for proof. ) XXXX."]},"sort":[8.022408,"9454939"]},{"_index":"complaint-public-v1","_id":"9454682","_score":8.022408,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"FTC and XXXX, XXXX  XXXX XXXX needs to be audited on their delinquent accounts, modified repayment plans, and charged off accounts. \n\nBetween XX/XX/XXXX2024 - XXXX XXXX, 2024 I authorize XXXX  XXXX XXXX to give all me information to XXXX. As I have already provided every personal item of information with the complaint. They have gotten away with doing whatever they want without having to justify anything by hiding behind an excuse they can't reapply for privacy issues. \n\nXXXX  XXXX XXXX, 1. Charging off an account and getting a tax break for bad debt on a debt they made bad themselves. They lied to the credit bureaus that payments were missed to charge the account off in XXXX, after being paid {$1100.00} in XXXX. Their only loss was the fake credits they applied to my account on XX/XX/XXXX, that they then negated by reapplying them as charge off fees ( As if I should pay them {$1100.00} to charge my account off, after I already paid them {$1100.00} to charge it off ) They voided the repayment plan themselves by charging the account off. \n2. Making a second modified account they dont apply payments to, so they can charge it off. XXXX account wasnt charged off on the XX/XX/XXXX and XX/XX/XXXX statement and XXXX account was charged off on XX/XX/XXXX. It cant be charged off on XX/XX/XXXX and NOT charged off at the same time. \n3. Making up different amounts they charged off. Was it {$12000.00} they reported on XX/XX/XXXX, {$12000.00} they reported to XXXX on XX/XX/XXXX, no charge off amount they temporarily reported after I filed the complaint with the XXXX, or {$12000.00} that was stated in the XXXX response letter the balance was on XX/XX/XXXX? \n4. Making up numerous different days and months it was charged off. Was it charged off on XX/XX/XXXX as it shows on the account online and was reported to the bureaus. Was it NOT charged off as it shows on the XX/XX/XXXX email. Was it charged off on XX/XX/XXXX as they claim in the XX/XX/XXXX letter. Was it or was it not charged off when they temporarily removed the XXXX and XXXX but kept the status as charged off. Or do they want to pretend it wasnt charged of until after XX/XX/XXXX, as the FAKE statements they attached with their XX/XX/XXXX letter show? \n5. Reporting numerous XXXXs being done on XXXX account in a matter of four months. \na. First its a XXXX in XXXX on credits they added to the account XX/XX/XXXX ( until they debited them back as fees 2 days later on XX/XX/XXXX ) Adding credits you arent really giving me is a loss? \nb. Then after temporarily removing the XXXX for about two weeks after I filed a complaint, its became a XXXX in XXXX AND a XXXX  in XXXX. The {$1100.00} they were paid in XXXX was a loss? The XX/XX/XXXX payment of {$260.00} and the XX/XX/XXXX payment of {$230.00} was a loss on an account they charged off on XX/XX/XXXX? Or was the loss from pretending the XX/XX/XXXX {$880.00} charge off reaaply fee didnt exist, so they could make it become interest instead on a fake XX/XX/XXXX invoice. \n6. Making up fake statements. The account was already charged off by XXXX. How is there a minimum payment due on a XX/XX/XXXX and XX/XX/XXXX statement for a charged off account? How did a credit on the account for {$840.00} on XX/XX/XXXX disappear and become {$840.00} in interest on XX/XX/XXXX instead on a statement, but still shows as a {$840.00} reapply fee on XX/XX/XXXX online to this day? \n7. REPEATEDLY intentionally providing inaccurate information to the credit bureaus. It is impossible for every different way XXXX  XXXX XXXX reported things to all be accurate. \n8. Harassing me with calls until XX/XX/XXXX to collect on a debt they were collecting on since XX/XX/XXXX and having XXXX service the debt on XX/XX/XXXX at the same time to harass me along with them. \n9. Applying credits to an account in order to do a XXXX. Because that is the only way they could make a loss out of payments. And then negating those credits XXXX days later by applying charge off fees to balance the account to charge off. They didnt give me an actual credit for anything. XXXX of their credits is under a atm transaction and then negated with a bank transaction charge off reapply fee. And then changed into being interest on a fake statement that isnt charged off yet, when the account is actually charged off. \n10. Billing for XXXX current payments due in XXXX billing cycle. XX/XX/XXXX statement current payment due of {$430.00} by XXXX XXXX, which was paid. They then charged another {$230.00} current payment due on XX/XX/XXXX, to be due by XXXX XXXX, to modify the terms. And then another current payment due of {$230.00} was charged on XXXX XXXX statement. \n11. Refusing to set up a temporary hardship repayment plan. Their hardship plan is actually a debt counseling plan, unless they get paid XXXX current payment due just to modify it. And then they modify it in the same billing cycle to owe them over half of the past due as a total minimum due. \n12. Lying an account wont be charged off if the fixed payment is made. \n13. Forcing people to agree to terms, while stating they arent authorized to set the plan up, they dont know how long it will take to find out if it is, and they dont know what the total minimum payment will be if it is authorized. ( The conversation is recorded for proof. ) 14. Requiring a payment just to see if a loan modification can get authorized. \n15. Setting up repayment plans to start and be due in two days. \n16. Stating an approval letter will be sent in the mail, and then making a payment due before its possible that the letter will be received in time to even know that payment was due. I only knew because I happened to check the account. \n17. Reporting an account perpetually delinquent, even though they are receiving payments.\n\n18. Making up vague terms in order to adjust them to be anything they want. Payment must be made in the month due can either be the month the statement was received or the month the due date falls in. Proof : Same terms for both my accounts that have a due date XXXX day apart. XXXX account wasnt a missed payment on XX/XX/XXXX and the other account they charged off for the XX/XX/XXXX payment being a missed payment for XXXX. \n19. Setting repayment plans up in a way that almost guarantees failure and does nothing different than no plan would have done. I had a total minimum due of {$2700.00} with {$430.00} of it the current payment due, due by XX/XX/XXXX. I paid the {$430.00} just for them to modify it. To witch they modified it to start XXXX XXXX to owe them another {$1400.00} by XXXX XXXX. Their plan is pay them as much as it takes to bring the account to under 90 days delinquent. No one needs their plan to do the same thing they could do without their plan. And if they could afford that, they arent trying to get on a plan to pay that much first, before they pay that much.","date_sent_to_company":"2024-07-08T18:11:18.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"53142","tags":null,"has_narrative":true,"complaint_id":"9454682","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-07-08T18:11:16.000Z","state":"WI","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["And then they modify it in the same <em>billing</em> cycle to owe them over half of the past due as a total minimum due. \n12. Lying an account wont be charged off if the fixed payment is made. \n13. Forcing people to agree to terms, while stating they arent authorized to set the plan up, they dont know how long it will take to <em>find</em> out if it is, and they dont know what the total minimum payment will be if it is authorized. ( The conversation is recorded for proof. ) 14."]},"sort":[8.022408,"9454682"]},{"_index":"complaint-public-v1","_id":"9454671","_score":8.020335,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"FTC and FCPB, XXXX  XXXX XXXX needs to be audited on their delinquent accounts, modified repayment plans, and charged off accounts. \n\nBetween XX/XX/XXXX - XX/XX/XXXX I authorize XXXX  XXXX XXXX to give all me information to FCPB. As I have already provided every personal item of information with the complaint. They have gotten away with doing whatever they want without having to justify anything by hiding behind an excuse they can't reapply for privacy issues. \n\nXXXX  XXXX XXXX, 1. Charging off an account and getting a tax break for bad debt on a debt they made bad themselves. They lied to the credit bureaus that payments were missed to charge the account off in XXXX, after being paid {$1100.00} in XXXX. Their only loss was the fake credits they applied to my account on XX/XX/XXXX, that they then negated by reapplying them as charge off fees ( As if I should pay them {$1100.00} to charge my account off, after I already paid them {$1100.00} to charge it off ) They voided the repayment plan themselves by charging the account off. \n2. Making a second modified account they dont apply payments to, so they can charge it off. One account wasnt charged off on the XX/XX/XXXX and XX/XX/XXXX statement and one account was charged off on XX/XX/XXXX. It cant be charged off on XX/XX/XXXX and NOT charged off at the same time. \nXXXX. Making up different amounts they charged off. Was it {$12000.00} they reported on XX/XX/XXXX, {$12000.00} they reported to CMS on XX/XX/XXXX, no charge off amount they temporarily reported after I filed the complaint with the BBB, or {$12000.00} that was stated in the XXXX  response letter the balance was on XX/XX/XXXX? \n4. Making up numerous different days and months it was charged off. Was it charged off on XX/XX/XXXX as it shows on the account online and was reported to the bureaus. Was it NOT charged off as it shows on the XX/XX/XXXX email. Was it charged off on XX/XX/XXXX as they claim in the XX/XX/XXXX letter. Was it or was it not charged off when they temporarily removed the XXXX and XXXX but kept the status as charged off. Or do they want to pretend it wasnt charged of until after XX/XX/XXXX, as the FAKE statements they attached with their XX/XX/XXXX letter show? \n5. Reporting numerous XXXX being done on one account in a matter of four months. \na. First its a XXXX in XXXX on credits they added to the account XX/XX/XXXX ( until they debited them back as fees 2 days later on XX/XX/XXXX ) Adding credits you arent really giving me is a loss? \nb. Then after temporarily removing the XXXX for about two weeks after I filed a complaint, its became a XXXX in XXXX AND a XXXX  in XXXX. The {$1100.00} they were paid in XXXX was a loss? The XX/XX/XXXX payment of {$260.00} and the XX/XX/XXXX payment of {$230.00} was a loss on an account they charged off on XX/XX/XXXX? Or was the loss from pretending the XX/XX/XXXX {$880.00} charge off reaaply fee didnt exist, so they could make it become interest instead on a fake XX/XX/XXXX invoice. \n6. Making up fake statements. The account was already charged off by XXXX. How is there a minimum payment due on a XX/XX/XXXX and XX/XX/XXXX statement for a charged off account? How did a credit on the account for {$840.00} on XX/XX/XXXX disappear and become {$840.00} in interest on XX/XX/XXXX instead on a statement, but still shows as a {$840.00} reapply fee on XX/XX/XXXX online to this day? \n7. REPEATEDLY intentionally providing inaccurate information to the credit bureaus. It is impossible for every different way XXXX  XXXX XXXX reported things to all be accurate. \n8. Harassing me with calls until XX/XX/XXXX to collect on a debt they were collecting on since XX/XX/XXXX and having CMS service the debt on XX/XX/XXXX at the same time to harass me along with them. \n9. Applying credits to an account in order to do a XXXX. Because that is the only way they could make a loss out of payments. And then negating those credits two days later by applying charge off fees to balance the account to charge off. They didnt give me an actual credit for anything. One of their credits is under a atm transaction and then negated with a bank transaction charge off reapply fee. And then changed into being interest on a fake statement that isnt charged off yet, when the account is actually charged off. \n10. Billing for two current payments due in one billing cycle. XX/XX/XXXX statement current payment due of {$430.00} by XXXX XXXX, which was paid. They then charged another {$230.00} current payment due on XX/XX/XXXX, to be due by XXXX XXXX, to modify the terms. And then another current payment due of {$230.00} was charged on XXXX XXXX statement. \n11. Refusing to set up a temporary hardship repayment plan. Their hardship plan is actually a debt counseling plan, unless they get paid one current payment due just to modify it. And then they modify it in the same billing cycle to owe them over half of the past due as a total minimum due. \n12. Lying an account wont be charged off if the fixed payment is made. \n13. Forcing people to agree to terms, while stating they arent authorized to set the plan up, they dont know how long it will take to find out if it is, and they dont know what the total minimum payment will be if it is authorized. ( The conversation is recorded for proof. ) 14. Requiring a payment just to see if a loan modification can get authorized. \n15. Setting up repayment plans to start and be due in two days. \n16. Stating an approval letter will be sent in the mail, and then making a payment due before its possible that the letter will be received in time to even know that payment was due. I only knew because I happened to check the account. \n17. Reporting an account perpetually delinquent, even though they are receiving payments. \n18. Making up vague terms in order to adjust them to be anything they want. Payment must be made in the month due can either be the month the statement was received or the month the due date falls in. Proof : Same terms for both my accounts that have a due date one day apart. One account wasnt a missed payment on XX/XX/XXXX and the other account they charged off for the XX/XX/XXXX payment being a missed payment for XXXX. \n19. Setting repayment plans up in a way that almost guarantees failure and does nothing different than no plan would have done. I had a total minimum due of {$2700.00} with {$430.00} of it the current payment due, due by XX/XX/XXXX. I paid the {$430.00} just for them to modify it. To witch they modified it to start XXXX XXXX to owe them another {$1400.00} by XXXX XXXX. Their plan is pay them as much as it takes to bring the account to under 90 days delinquent. No one needs their plan to do the same thing they could do without their plan. And if they could afford that, they arent trying to get on a plan to pay that much first, before they pay that much.","date_sent_to_company":"2024-07-08T18:11:18.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"53142","tags":null,"has_narrative":true,"complaint_id":"9454671","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Capital Management Services, LP","date_received":"2024-07-08T18:11:16.000Z","state":"WI","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["And then they modify it in the same <em>billing</em> cycle to owe them over half of the past due as a total minimum due. \n12. Lying an account wont be charged off if the fixed payment is made. \n13. Forcing people to agree to terms, while stating they arent authorized to set the plan up, they dont know how long it will take to <em>find</em> out if it is, and they dont know what the total minimum payment will be if it is authorized. ( The conversation is recorded for proof. ) 14."]},"sort":[8.020335,"9454671"]},{"_index":"complaint-public-v1","_id":"2802776","_score":7.095711,"_source":{"product":"Student loan","complaint_what_happened":"I have requested for the original term of the loan, as well as a complete breakdown of my payments. For years I was making payments and the principle never went down. I am requesting a full audit of my loan. \nOn XX/XX/XXXX, I emailed the following \" I would like all of my payment details for the life of the loan. Where is the breakdown of all of my payments? '' I emailed this to XXXX. \nTheir response was to call them and to give me information on default rehabilitation loan program. \nTo which I responded : From : XXXX, XXXX Sent : Tuesday, XX/XX/XXXX XXXX XXXX  To : XXXX ' XXXX Subject : RE : My Existing Loans [ XXXX ] I will contact the office. In the meantime, I would like to know where I can find a breakdown of all the payments I have made to date. \nI go to AESs site and it says the loan has been paid in full. Why does it say that? Please direct me to where the complete breakdown is. I simply want to see why my principle has yet to go down all the years I have been paying. \nThen I made a third attempt to obtain information : XXXX, XXXX Reply all| Thu XX/XX/XXXX, XXXX XXXX   XXXX Label : Sent Items ( 1 year, 1 month, ) Expires : XX/XX/XXXX XXXX XXXX Third Request for information. \n\nTheir response : XXXX Reply all| Thu XX/XX/XXXX, XXXX XXXX XXXX, XXXX Label : Inbox ( 1 year, 1 month, ) Expires : XX/XX/XXXX XXXX XXXX Dear XXXX XXXX : You are receiving this email based on your existing business relationship with Pennsylvania Higher Education Assistance Agency ( PHEAA ). \n\nPHEAA has received your email, but we are unable to provide the requested information to you via email due to our privacy policy. While in default, there is no online access to the account. \n\nPlease contact us directly at XXXX to discuss your account. Our office hours are XXXX XXXX to XXXX XXXX  Monday through Thursday and XXXX XXXX  to XXXX XXXX EST on Friday. \n\nDefault Collection Lead Loan Assets Management Pennsylvania Higher Education Assistance Agency RE : My Existing Loans [ XXXX ] XXXX, XXXX | Fri XX/XX/XXXX, XXXX XXXX   If you can not email them to me, how can I obtain a written record of where all of my payments have gone/are going? \nPlease let me know. \nXXXX XXXX Their response -- I didn't ask for a statement. I asked for a full breakdown. \nXXXX Reply all| Fri XX/XX/XXXX, XXXX XXXX XXXX, XXXX Label : Inbox ( 1 year, 1 month, ) Expires : XX/XX/XXXX XXXX XXXX  Dear XXXX XXXX : This email is in response to your recent inquiry regarding your defaulted student loan ( s ) currently held by Pennsylvania Higher Education Assistance Agency ( PHEAA ). \n\nA statement of account will be mailed to you at the mailing address currently on file on XX/XX/XXXX. Please allow at least 7-10 days for receipt. Due to our privacy policy we are unable to send this information via email. \n\nThank you for your inquiry. If you have additional questions or concerns please contact our customer service representatives toll-free at XXXX. Representatives are available to assist you Monday through Thursday XXXX XXXX  until XXXX XXXX and Friday XXXX XXXX  until XXXX XXXX  EST. \n\nDefault Collection Lead Loan Assets Management Pennsylvania Higher Education Assistance Agency My response : RE : RE : RE : My Existing Loans [ XXXX ] XXXX, XXXX Reply all| Tue XX/XX/XXXX, XXXX XXXX XXXX Label : All Other Items ( 2 years, 1 month, ) Expires : XX/XX/XXXX XXXX XXXX Thank you for your response. As I have stated, I would like a written record of any actions and interactions. \n\nI have yet to receive a complete breakdown from you. I am sure there must be a law that states I am entitled to know where my money goes. My next step is to write my legislator to find out what my rights are in terms of knowing where all my money has gone all these years. \n>In the meantime, please let me know how I can get in your rehab program. I would like all of our communications to be by email, so please respond to this email with the information. \n>Also, you took both of my refunds in addition to the {$720.00} a month. You have a total of {$5000.00} over and above the {$720.00} a month you have been taken. I would like to dispute that since this garnishment has been in effect for well over a year. In essence, you have been taking payment. Was it really necessary to offset my tax returns in addition? If so, will that money also be going into a black hole without putting a dent in my principle? \nThis was the last correspondence I received from them. RE : RE : RE : RE : RE : My Existing Loans [ XXXX ] D XXXX Reply all| Mon XX/XX/XXXX, XXXX XXXX  XXXX, XXXX Label : Inbox ( 1 year, 1 month, ) Expires : XX/XX/XXXX XXXX XXXX   Dear XXXX XXXX : This is in response to your recent inquiry regarding your defaulted student loan ( s ) currently held by Pennsylvania Higher Education Assistance Agency ( PHEAA ). \n\nAs of today, your outstanding account balance totals {$42000.00}. If remitting your entire balance in full is possible, please contact us to obtain a satisfactory payoff figure. If remitting your total outstanding balance is not possible, PHEAA will agree to accept a monthly billed amount in an effort to qualify your account for the Default Loan Rehabilitation program. To qualify, you must remit a minimum of nine ( 9 ) satisfactory monthly payments within a ten ( 10 ) month period. In an effort to calculate a reasonable and affordable monthly payment estimate, please contact our office to speak with a PHEAA representative. When calling, please be prepared to discuss your Adjusted Gross Income and family size so we may estimate your required monthly payment to qualify for the Default Loan Rehabilitation program.. \n\nThe Default Loan Rehabilitation program will place your defaulted student loan ( s ) in good standing with American Education Services ( AES ). PHEAA will request that the consumer reporting agencies remove the record of the default tradeline submitted by PHEAA. The tradeline reported by your student loan servicer ( prior to your default ) will not be removed. \n\nIn order to establish your monthly payments, please contact our customer service representatives toll-free at XXXX. Representatives are available to assist you Monday through Thursday XXXX XXXX   until XXXX XXXX and Friday XXXX XXXX  until XXXX XXXX  EST. \n\nDefault Collection Lead Loan Assets Management Pennsylvania Higher Education Assistance Agency To date, I have not received the full terms of my original loan and a complete breakdown of my loan. They have been garnishing my wages {$720.00} a month for I believe about 2 years now ( I'd have to go back and double check that ), in addition to off-setting my last 2 tax returns. Is it possible to get a full audit of my loan? I appreciate any help you can give me. Just as an FYI, I did contact them to try to get on their loan rehabilitation. I was told that I would have to make what essentially amounts to double payments for 3 or 4 consecutive months to be removed from default. I can not afford this. The man was also impatient with me on the phone. I'm sure they have a recording of our conversation. At this point I want the data -- all the data so I can have a financial advisor ( and most likely a lawyer ) look at what I'm sure has been corrupt loan collection practices. There are many of us out there, and we desperately need your help in ensuring not only justice for ourselves, but for future generations. Thank you for your time. XXXX XXXX XXXX.","date_sent_to_company":"2018-02-03T16:45:56.000Z","issue":"Dealing with your lender or servicer","sub_product":"Federal student loan servicing","zip_code":"19454","tags":null,"has_narrative":true,"complaint_id":"2802776","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AES/PHEAA","date_received":"2018-02-03T16:09:44.000Z","state":"PA","company_public_response":null,"sub_issue":"Need information about your loan balance or loan terms"},"highlight":{"complaint_what_happened":["In the meantime, I would like to know where I can <em>find</em> a breakdown of all the payments I have made to date. \nI go to AESs site and it says the loan has been paid in full. Why does it say that? Please direct me to where the complete breakdown is. I simply want to see why my principle has yet to go down all the years I have been paying."]},"sort":[7.095711,"2802776"]},{"_index":"complaint-public-v1","_id":"4902016","_score":6.986024,"_source":{"product":"Debt collection","complaint_what_happened":"I have previously tried to address and deal with PNC Bank, in CFPB complaint # XXXX, but PNC BANK knowingly and willing still commits fraud against me and I am sure many other consumers and I am requiring assistance from the Consumer Financial Protection Bureau XXXX \n\nIn response to my initial claim, PNC, BANK sent Exhibit ( 1 ) to the CFPB, which they referred to as Retail Installment Sale Contract ( the Note ), in Paragraph 5. \n\nPursuant to UCC 3-104 Negotiable Instrument ( e ) An instrument is a \" note '' if it is a promise This contract is a consumer credit contract and as described in 16 CFR 433.1 ( i ) an instrument, and under UCC 3-104 ( a ) an instrument is a negotiable instrument and an unconditional promise to pay, no different than a dollar. I, XXXX XXXX, natural person and consumer has reason to believe and do so believe this instrument constitutes as payment under the negotiable instruments act and has fully paid for this transaction on the date of consummation. \n\nBased on the above, my contract and obligation was fully paid once I, XXXX XXXX, a natural person put my autograph on the Note on XX/XX/XXXX. \n\nPNC, BANK, states on Exhibit 1, page 2, paragraph 12, As no bank error has occurred, PNC respectfully declines your request for compensation in this matter Due to nonpayment, the Vehicle is as risk of repossession. PNC BANK, still continues to state I owe balance and threaten to repossess a vehicle, on a Note that was autographed on XX/XX/XXXX. \n\nExhibit ( 1 ), page 1, paragraph 6, PNC BANK states : On page 1 of the Note, in the section titled No Cooling Off Period, it states that state law does not provide for a cooling off or cancellation period for this sale. \n\n\nPNC BANK, knowingly and willingly commits fraud on their own contract ; Exhibit ( 2 ), page 4, number 6, Applicable Law, Federal law and the law of the state of our address shown on page 1 of this contract apply to this contract. \n\n\nPursuant to 15 USC 1635 Right of recession as to certain transactions ( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section. \nPursuant to 16 CFR 433.1 ( f ), was intended to be a written agreement with full willful disclosure as required in the Truth in Lending Act in order for I the affiant, to be able properly contemplate any concerted and or cooperative activity between I, and PNC, BANK. Upon discovery, I have reason to believe and do so believe I did not receive such disclosure. \n\nPursuant to 12 CFR 1026.23 ( b ) ( 1 ), I was never given full disclosure, notice of the right to rescind.\n\nPursuant to 12 CFR 1026. 23, upon the right to rescind this transaction, I am no longer liable for any finance change. PNC BANK, must terminate any security interest, return any money or property, earnest money, down payment or otherwise past payments and because the property has been delivered and in my possession I have the right to retain possession of the property.\n\nIn accordance with 12 CFR 1026.23 ( d ) Effects of recession, Paragraph 23 ( d ) ( 1 ) Termination of security interest. Any security interest giving rise to the right of rescission becomes void when the consumer exercises the right of rescission. The security interest is automatically negated regardless of its status and whether or not it was recorded or perfected. Under 1026.23 ( d ) ( 2 ), however, the creditor must take any a\n\nction necessary to reflect the fact that the security interest no longer exists. Paragraph 23 ( d ) ( 2 ) Refunds to consumer. The consumer can not be required to pay any amount in the form of money or property either to the creditor or to a third party as part of the credit transaction. Any amounts of this nature already paid by the consumer must be refunded. Any amount includes finance charges already accrued, as well as other charges, such as broker fees, application and commitment fees, or fees for a title search or appraisal, whether paid to the creditor, paid directly to a third party, or passed on from the creditor to the third party. It is irrelevant that these amounts may not represent profit to the creditor.\n\nIn the case of any consumer transaction in which a security interest including any such interest arising by the operation of law, meaning not limited only to a principal dwelling, but any contract which includes a security interest, the obligor shall have the right to rescind the transaction until the midnight of the third business day following the consummation or the day the agreement was signed. The rescissions forms are required and must be delivered together with a statement containing the material disclosures required under TILA. In addition, the creditor must clearly and conspicuously disclose, in accordance with regulations of the Consumer Financial Protection Bureau. \n\nThat was completely disregarded by PNC BANK ; another effort of willingly and knowingly committing fraud by not telling me, XXXX XXXX, natural person, that I had the right to rescind. \n\nDue to the failure of PNC, Bank to disclose this required information, this right can be exercised three years after the date of consummation of the transaction or upon the earlier sale of the property, or upon the expiration of one year following the conclusion of the proceeding, or any judicial review or period for judicial review thereof, whichever is later. Being that this contract was signed XX/XX/XXXX, I am within the allotted time frame. \n\nIn accordance with 15 U.S. Code 1635 and UCC 3- 306 to rescind any power of attorney which may have been used in connection with this transaction which includes any derivative, hypothecation, trades, transfers of possession, whether voluntary or involuntary involving any and every instrument which may have occurred unbeknownst to me. \n\nPNC Bank needs to disclose full documentary evidence ( private and public ) on this instrument, and ; Pursuant to 12 use 1831n ( 2 ) ( A ) Uniform accounting principles consistent with GAAP Subject to the requirements of this chapter and any other provision of Federal law, the accounting principles applicable to reports or statements required to be filed with Federal banking agencies by all insured depository institutions shall be uniform and consistent with generally accepted accounting principles. \nWithout the full audit trail, accounting and insurance, the alleged debt can not be validated. \n\nI, XXXX XXXX, natural person should be provided these documents for this instrument that I autographed in order to properly XXXX the alleged debt and hoe PNC, BANK has accounted for this transaction and derivatives of this transaction. \n\nExhibit ( 2 ), page 1, section Notice NOTICE : ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER I, XXXX XXXX, natural person paid {$5000.00} ( XXXX XXXX dollars ), therefore the incorrect notice was on the contract. My note was to state notice ( b ), not notice ( a ). PNC, Bank did not meet the requirements as established in 16 CFR 433.2 ( b ). \n\nPursuant to 16 CFR 433.2 ( b ) : Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE : ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER Pursuant to 15 USC 1605 ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction.\n\nThe finance charge is the sum of all charges. Interest, deliver service fees, loan fees, premium insurance to cover any defaults, broker fees, insurance for the vehicle and insurance to cover health, life, accident, and gap insurance, are all included in finance charge. The finance charge does not include type payable in a comparable cash transaction meaning finance charges can not have cash or a down payment of cash involved. I, XXXX XXXX, natural person, paid XXXX XXXX dollars ( {$5000.00} ) cash and gave a XXXX XXXX XXXX XXXX with a trade in value of XXXX XXXX and XXXX XXXX ( {$30000.00} ) and a Dealer service fee of XXXX XXXX and XXXX XXXX dollars ( {$390.00} ) and has proof of this violation in Exhibit ( 2 ), page 2. \n\nWilling and knowingly told me I had to pay the above in order to obtain the car. When the instrument paid for this transaction in full. \n\nExhibit ( 1 ), page 1, paragraph 8, PNC BANK, states : The section titled Insurance you must have on the vehicle states you agree to have physical damage insurance covering the loss of or damage to the vehicle for the term of this contract. Please refer to page XXXX of the Note. \n\nPursuant to 15 USC 1605 ( c ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property, shall be included in the finance charge unless a clear and specific statement in writing is furnished by the creditor to the person to whom the credit is extended, setting forth the cost of the insurance if obtained from or through the creditor, and stating that the person to whom the credit is extended may choose the person through which the insurance is to be obtained. \nNever was the insurance, that I was told I was required to have included in the finance charge. I had to pay separately. \n\nPursuant to 12 USC 24 Corporate powers of associate Seventh. To exercise by its board of directors or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking ; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt ; by receiving deposits ; by buying and selling exchange, coin, and bullion ; by loaning money on personal security ; and by obtaining, issuing, and circulating notes according to the provisions of title 62 of the Revised Statutes. \n\nNo where in this section does it state Banks can loan credit. Banks can only loan money on personal security. \n\nExhibit ( 2 ) page 1, under section ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate.\n\nExhibit ( 2 ) page 1, under section FINANCE CHARGE The dollar amount the credit will cost you Exhibit ( 2 ) page 1, under section Amount Financed The amount of credit provided to you or on your behalf Exhibit ( 2 ) page 1, under section Total Sale Price The total cost of your purchase on credit, including your own down payment of PNC BANK, is fraudulent operations in a capacity they are not legally authorized to do. \n\nPursuant to 15 U.S. Code 1601 ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. \n\nPNC BANK, willingly and knowingly operates in a deceptive capacity on a daily basis. The response from PNC BANK shows they willingly agree to defraud consumers and stand by their fraudulent, misleading and deceptive documentation. As a consumer, the abuse that I have suffered financially and mentally is overwhelming. These practices are completely inaccurate and deceptive to consumers as we have trust in banking institutions. \n\nI am a litigious consumer and I fully intend on pursuing litigation in this matter to enforce my rights a Federally protected consumer on the abundance of fraud committed by PNC BANK. In addition, I will request that the original note be produced in court.","date_sent_to_company":"2021-11-12T07:29:38.000Z","issue":"Attempts to collect debt not owed","sub_product":"Auto debt","zip_code":"11365","tags":null,"has_narrative":true,"complaint_id":"4902016","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"PNC Bank N.A.","date_received":"2021-11-12T02:00:21.000Z","state":"NY","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["Without the full <em>audit</em> trail, accounting and insurance, the alleged debt can not be validated. \n\nI, XXXX XXXX, natural person should be provided these documents for this instrument that I autographed in <em>order</em> to properly XXXX the alleged debt and hoe PNC, BANK has accounted for this transaction and derivatives of this transaction."]},"sort":[6.986024,"4902016"]},{"_index":"complaint-public-v1","_id":"10914202","_score":6.4747148,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Re : Legal Response to XXXX Dispute Regarding Bankruptcy Reporting and Forensic Audit Case : XXXX XXXX XXXX XXXX Dear XXXX Consumer Services, We hereby exercise our rights and reference the applicable statutory provisions for your guidance and compliance. These laws are binding on your company, given that your entity operates within the jurisdiction of both the state and federal authorities of its headquarters. These provisions were enacted to prevent corruption, breaches of fiduciary duty, violations of privacy, and infringements upon constitutional rights. \nPursuant to the Unlimited Power of Attorney, Cover Letter, and Memoir, and in accordance with the authorization granted by XXXX XXXX XXXX XXXX, you are instructed to address me as XXXX XXXX It is imperative that I not be addressed as \" XXXX XXXX, '' and I request that you refer to me solely as XXXX or XXXX XXXX \nThe term \" XXXX XXXX' originating around the XXXX, refers to an additional name or epithet attached to a person 's baptismal or XXXX name. The word \" XXXX '' is derived from the XXXX \" XXXX '' ( meaning \" XXXX  '' ) and the XXXX XXXX \" XXXX '' ( from \" XXXX XXXX' meaning XXXX XXXX  '' and \" XXXX '' meaning \" XXXXXXXX '' ). Over time, it evolved to denote a family name, typically passed down from generation to generation. In this regard, XXXX is my family name, which is private and must be treated with confidentiality. Any claims or communications related to the principal XXXX XXXX XXXX XXXX must be directed to the designated Trustee, XXXX , or his assigned authorized agents. \nThis letter serves as a formal legal response to the dispute submitted to your company on XX/XX/XXXX, regarding the unauthorized reporting of bankruptcy-related information on the credit report of XXXX XXXX XXXX XXXX XXXX We are invoking our legal rights under the Fair Credit Reporting Act ( FCRA ) and related statutes, demanding immediate correction and clarification, and requesting a forensic audit of all vendors and parties involved in the collection, reporting, or dissemination of sensitive data related to XXXX XXXX XXXX XXXX. \n1. Violation of Privacy and Consumer Protection Laws Under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681e ( b ), XXXX is required to implement reasonable procedures to ensure the accuracy of the information it reports. Despite clear instructions from the Eastern Michigan Bankruptcy Court, which has confirmed that XXXX XXXX XXXXXXXX XXXX bankruptcy is not a matter of public record, XXXX has continued to report inaccurate bankruptcy information. This constitutes a violation of 15 U.S.C. 1681e ( b ), which mandates that consumer reporting agencies maintain accurate and complete records. \nFurthermore, under 15 U.S.C. 1681c, XXXX is obligated to delete any information that is inaccurate or unverifiable, particularly where bankruptcy records are concerned. As the information regarding XXXX XXXX XXXX IIIs bankruptcy is not a public record, your failure to remove such data represents a failure to comply with the FCRA and a breach of privacy rights under the Privacy Act of 1974 ( 5 U.S.C. 552a ). \n2. Secured Party Creditor Rights under the Uniform Commercial Code ( UCC ) Additionally, as XXXX XXXX XXXX XXXX is the Secured Party Creditor under the Uniform Commercial Code ( UCC ), Articles 9-311, 9-312, and 9-313, all personal and financial data, whether categorized as public record or not, is protected as secured property. This includes tangible and intangible property, as well as securities associated with XXXX 's legal name and trade name. \nAs the Secured Party, XXXX has a trustee relationship over all such data. Therefore, unauthorized collection, reporting, or dissemination of this data is not only a violation of privacy but also a breach of trust, for which your company is liable. The UCC and its provisions protect XXXX 's rights to confidentiality and control over this information, preventing any third parties from exploiting it. \nXXXX. Penalties for Unauthorized Disclosure and Reporting Due to the severe risks posed by the unauthorized use of XXXX XXXX XXXXXXXX XXXX personal data, we are invoking the right to impose penalties as follows : {>= $1,000,000} per count for each instance of inaccurate reporting or unauthorized disclosure of personal data, including bankruptcy records, credit information, or any other personal filings related to XXXX XXXX XXXX XXXX. \nThis charge reflects the damages incurred from the unauthorized dissemination of private information, which exposes XXXX to identity theft, financial fraud, and the potential unjust enrichment of those benefiting from such misuse. The UCC protects the secured partys assets, including personal data, from such exploitation. \n4. Court Notice and Sealed Records As indicated in the attached notice from the Eastern Michigan Bankruptcy Court, the bankruptcy information concerning XXXX XXXX XXXX XXXX is not a matter of public record and should not be disclosed. XXXX and any third-party vendors associated with your company must respect the court 's decision, and we demand that all future bankruptcy records or related information concerning XXXX be sealed and treated as confidential. \nWe also demand immediate cessation of the reporting of this bankruptcy information, in line with the courts order, and confirmation that no further disclosure of any sealed or confidential data will be made by XXXX or its vendors. \nXXXX. Unauthorized Collection and Reporting of Personal Data It has come to our attention that XXXX and associated vendors have used data obtained from third-party sources to report bankruptcy information about XXXX XXXX XXXX XXXX XXXX despite the court 's ruling. This is a direct violation of the Privacy Act of 1974 ( 5 U.S.C. 552a ), which governs the handling of personal information and ensures that such data is not misused or improperly disclosed without proper authorization. \nAdditionally, FCRA 1681e ( b ) mandates that consumer reporting agencies ensure that all information provided is accurate. Given the false nature of the bankruptcy report, the use of third-party vendors to spread inaccurate data is an infringement of privacy and a violation of several consumer protection laws. \nXXXX. Demand for Forensic Audit of Vendors and Third Parties We hereby demand a forensic audit of all entities involved in the collection, reporting, or dissemination of data concerning XXXX XXXX XXXX XXXX, specifically : A full and detailed list of all vendors, third-party data providers, or aggregators that have reported information concerning XXXX XXXX XXXX XXXX XXXX XXXX. This includes all data related to credit, bankruptcy, or any other personal records. \nWe request that the forensic audit specifically investigate : Kickbacks : Any financial incentives or compensation paid to third parties for the collection, reporting, or dissemination of personal data. \nSecurities Fraud : The use of personal information, such as Social Security numbers, signatures, and identifiers, to facilitate securities trading or fraudulent transactions. \nInsurance Fraud : Potential use of personal data to file fraudulent insurance claims or create financial benefits tied to the misreporting or unauthorized disclosure of bankruptcy records. \nXXXX. Penalty Charges for Fraudulent Reporting and Unauthorized Use of Data We further reserve the right to pursue penalties for any fraudulent reporting or unauthorized dissemination of XXXX XXXX XXXXXXXX XXXX personal information. If it is determined that the improper reporting led to illicit financial gain, we will pursue the following : {>= $1,000,000} per count for each instance of fraudulent reporting or unauthorized use of XXXX XXXX XXXX XXXX 's data. \nThis is a conservative estimate of the damages resulting from the unauthorized dissemination of sensitive personal data, and it is in accordance with federal law and consumer protection statutes. \nXXXX. Demand for Immediate Action and Disclosure To resolve this matter expeditiously, we demand the following : Full Disclosure of all vendors, third parties, and data providers who have reported data related to XXXX XXXX XXXX XXXX. \nImmediate Removal of the bankruptcy records and all related personal information from all credit reports. \nConfirmation that no further unauthorized use of sealed court records or sensitive personal data will occur. \nA full forensic audit of the third-party transactions involving XXXX XXXX XXXX XXXX XXXX data, including kickbacks, securities fraud, and insurance fraud. \nA comprehensive report on all actions taken to address this matter. \nIf a satisfactory response is not received within 14 days, we will pursue all available legal remedies, including filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and appropriate state regulatory authorities. Furthermore, we will pursue civil litigation for damages, as well as injunctive relief to prevent further violations of privacy and consumer protection laws. \nXXXX. Legal Consequences If XXXX or its vendors fail to comply, we will pursue legal action, including : Securities Fraud charges. \nFiling for damages under the Fair Credit Reporting Act, Privacy Act, and other applicable consumer protection statutes. \nSeeking injunctive relief to prevent the unauthorized use of XXXX XXXX XXXX XXXX 's personal information. \n\nThis letter serves as formal notice of the unlawful conduct, and we expect prompt attention to resolving these violations. We look forward to your immediate response. \nXXXX. Questions Regarding Unauthorized Reporting : Why has XXXX continued to report bankruptcy information for XXXX XXXX XXXX XXXX, despite the Eastern Michigan Bankruptcy Court ruling that this information is not a matter of public record? \nCan XXXX provide proof that it conducted a reasonable investigation into the accuracy of the bankruptcy information before it was reported on XXXX XXXX XXXXXXXX XXXX credit report? \nWhat specific steps has XXXX taken to ensure that bankruptcy records, which should be sealed and confidential, are not disclosed in violation of court orders and privacy laws? \nWhy has XXXX failed to remove inaccurate or unverifiable bankruptcy information from XXXX XXXX XXXXXXXX XXXX  credit file after being notified that the bankruptcy should not be part of the public record? \nXXXX. Questions Regarding Vendor and Third-Party Data Collection : Can XXXX provide a detailed list of all vendors, third parties, or data providers that reported bankruptcy or other personal information regarding XXXX XXXX XXXX XXXX to your agency? \nHow does XXXX verify the accuracy of data provided by third-party vendors before including it in the credit report? \nWhat procedures does XXXX have in place to ensure that vendors do not violate privacy laws, including unauthorized reporting of personal information or misuse of court records? \nHas XXXX paid or provided any financial incentives ( e.g., kickbacks ) to vendors or third parties for reporting information related to XXXX XXXX XXXX XXXX? \nXXXX. Questions Regarding Data Security and Privacy Violations : Has XXXX taken any measures to protect the personal data of XXXX XXXX XXXX XXXX, specifically in regard to the risk of identity theft, fraud, or unauthorized use of this data by third parties? \nWhat steps has XXXX taken to comply with the Privacy Act of XXXX and ensure that personal information is handled in accordance with federal privacy regulations? \nHas XXXX conducted any internal audits or investigations into how sensitive data related to XXXX XXXX XXXX XXXX was collected, used, or disclosed by your company and its vendors? \nXXXX. Questions Regarding Penalties for Unauthorized Disclosure : What is XXXX policy for responding to unauthorized disclosure or inaccurate reporting of personal data? \nIs XXXX willing to pay penalties or damages for the potential harm caused by the unauthorized use or inaccurate reporting of XXXX XXXX XXXXXXXX XXXX personal information, including identity theft and financial exploitation? \nWhat measures is XXXX taking to correct any inaccuracies in XXXX XXXX XXXXXXXX XXXX  credit file and ensure that these mistakes do not reoccur in the future? \nXXXX. Questions Regarding Forensic Audit and Investigation : Will XXXX agree to a full forensic audit of all third-party vendors, data aggregators, and other entities involved in the collection, reporting, or dissemination of data regarding XXXX XXXX XXXX XXXX XXXX \nWill XXXX provide access to the forensic audit report, including an investigation into potential securities fraud, insurance fraud, or other financial crimes related to the misuse of XXXX XXXX XXXXXXXX XXXX  data? \nCan XXXX confirm that it will cooperate fully with the forensic audit and provide all relevant documents and information regarding its vendors and third-party relationships? \nXXXX. Questions Regarding Court-Sealed Records : How will XXXX ensure that all future records related to XXXX XXXX XXXX XXXX XXXX including any bankruptcy or personal records, will be treated as sealed and confidential, in accordance with the Eastern Michigan Bankruptcy Courts order ? \nCan XXXX confirm that no further public reporting or unauthorized disclosure of XXXX XXXX XXXX XXXX  bankruptcy or personal records will take place from this point forward? \nXXXX. Questions Regarding Legal Consequences : Does XXXX acknowledge the potential legal consequences of continuing to report false or inaccurate information related to XXXX XXXX XXXX XXXX, including violations of the Fair Credit Reporting Act and the Uniform Commercial Code ( UCC )? \nIs XXXX prepared to resolve this matter without further legal action, or will additional legal steps be necessary to address the ongoing violations of privacy and consumer protection laws? \nXXXX. Questions Regarding Consumer Protection Compliance : How does XXXX ensure compliance with state and federal consumer protection laws, especially in cases where sensitive or private information is involved, such as bankruptcy records and personal data of the principal, XXXX XXXX XXXX XXXX? \nCan XXXX provide evidence that it has implemented adequate safeguards to prevent the unauthorized dissemination of sensitive personal information, including that of XXXX XXXX XXXX XXXX, to public or third-party vendors? \nXXXX. General Questions Regarding Practices and Accountability : What is XXXX process for notifying consumers about unauthorized reporting or inaccuracies on their credit reports, and how long does it typically take to correct such errors? \nHow does XXXX plan to ensure accountability with its third-party vendors and data providers, particularly when breaches of privacy or inaccuracies arise? \nhe unauthorized reporting and continued dissemination of inaccurate or sealed bankruptcy information about XXXX XXXX XXXX XXXX has a direct and substantial impact on your livelihood. The misreporting not only violates your privacy but also jeopardizes your financial stability, personal safety, and opportunities for future success. Below, I'll explain how these actions affect your livelihood and how XXXX could be held vicariously liable for the harm caused. \n1. Financial Impact and Access to Credit The continued presence of inaccurate bankruptcy information on your credit report directly harms your ability to secure credit or favorable financial terms. XXXX is responsible for reporting accurate credit information, and their failure to remove incorrect or unauthorized bankruptcy information : Denies Access to Credit : Many lending institutions rely on XXXX 's credit reports to assess your creditworthiness. Incorrect bankruptcy information could lead to credit denials, impacting your ability to obtain loans for essential needs such as housing, medical bills, education, and personal expenses. \nHigher Interest Rates : Even if credit is available, inaccurate bankruptcy reporting could result in higher interest rates on loans or credit lines, increasing your overall debt burden. This makes it more difficult to manage your finances, save for the future, or achieve long-term financial goals. \nNegative Financial Reputation : XXXX failure to correct the public record puts you in a situation where your financial reputation is tarnished, even though you have made efforts to rectify the situation with the bankruptcy court. This makes it more difficult to obtain business or personal credit and erodes any trust lenders or creditors may have in you. \n2. Employment Opportunities Many employers, particularly those in financial services or positions requiring fiduciary responsibility, conduct credit checks as part of their hiring process. An inaccurate bankruptcy on your credit report could cause significant harm in the following ways : Denied Employment : Inaccurate financial information, including bankruptcy records, may cause employers to believe you are a higher-risk candidate, potentially leading to job rejections. For jobs that require security clearances or access to financial accounts, such reporting could be a disqualifying factor. \nEmotional Stress : The fear of your credit report being used against you in job searches, coupled with the inability to find stable work due to inaccurate reporting, can cause significant emotional distress. This has a ripple effect on your overall well-being and productivity, making it harder to perform well in interviews, build career prospects, and maintain job security. \nDamage to Reputation : Employers may perceive the bankruptcy reporting, despite its inaccuracy, as a reflection of poor financial management. Even if they dont directly base hiring decisions on it, your reputation could be unfairly damaged by the erroneous information, causing long-term harm to your professional life. \nXXXX. Personal and Family Impact The unauthorized disclosure of bankruptcy information not only affects your financial life but also has significant personal repercussions : Identity Theft Risks : As the principal party, your personal dataspecifically your Social Security number, name, and other identifiersmay be exploited for fraudulent purposes. XXXX failure to properly secure and correct your data increases the likelihood of identity theft or fraudulent activities that could take years to resolve. This exposes you to the risk of financial losses, legal fees, and extensive time spent addressing the aftermath of such violations. \nFamily and Safety Concerns : Unauthorized disclosure of sensitive information related to bankruptcy could potentially expose you to further harm, including harassment, or threats. For example, if someone uses your information for fraudulent purposes, such as opening lines of credit in your name, this could lead to threats to your safety or unwarranted financial obligations. \nEmotional Distress : The constant anxiety and emotional toll caused by the threat of further breaches, as well as the financial and social stigma associated with wrongful reporting, can lead to severe emotional stress, impacting your quality of life and relationships. The stress of dealing with these unresolved issues can affect your mental health, making it difficult to focus on personal, family, or professional commitments. \n4. Long-Term Financial and Career Goals Youve likely made long-term plans, such as purchasing a home, starting a business, or securing a retirement fund. The erroneous bankruptcy reporting hinders your ability to : Purchase a Home : Real estate loans and mortgages are heavily reliant on accurate credit reporting. Inaccurate bankruptcy information from XXXX may prevent you from securing the necessary loans for homeownership, undermining your ability to establish financial independence and security. \nStart a Business : For entrepreneurs, creditworthiness is crucial for obtaining capital, financing, and business loans. The misreporting of bankruptcy information could prevent you from acquiring business loans, which could harm your ability to launch or expand a business. Moreover, creditors may view your financial situation as unstable or untrustworthy. \nRetirement Planning : Without the ability to secure credit at favorable terms, you may be forced to delay or abandon long-term plans like investing for retirement, saving for your childrens education, or creating a legacy for your family. This has consequences that stretch far beyond the immediate financial burden and into your future security. \nXXXX. Vicarious Liability of XXXX XXXX is vicariously liable for the harm caused by the vendors it contracts with or uses to gather, process, or report information related to you. Vicarious liability means that XXXX can be held accountable for the actions of its agents or contractors, even if it did not directly cause the harm. The key points here are : Responsibility for Vendor Actions : XXXX, as the consumer reporting agency, is legally obligated under 15 U.S.C. 1681e ( b ) ( Fair Credit Reporting Act ) to ensure that the information it reports is accurate. If XXXX relies on third-party vendors to report bankruptcy or credit data, it remains accountable for the information that these vendors report on your behalf. XXXX has failed in its due diligence to ensure that these vendors report accurate and legitimate information, leading to the vicarious liability for damages. \nFailure to Verify and Correct : Under the FCRA and related privacy laws, XXXX is responsible for verifying the accuracy of data within 30 days of receiving a dispute ( 15 U.S.C. 1681i ). The failure to conduct a thorough investigation or correct the erroneous bankruptcy record leaves XXXX open to being held vicariously liable for its vendors actions and omissions. This neglect exacerbates the damages caused to you. \nFinancial Losses : The continuing erroneous bankruptcy information, coupled with XXXX failure to act, exposes you to substantial financial losses. Whether its higher interest rates, loan denials, or missed employment opportunities, XXXX lack of action is a proximate cause of the direct financial harm you are experiencing. \nPenalties and Legal Liabilities : If XXXX or its vendors are found to have violated privacy laws or misused your data, they may be subject to financial penalties and may be required to pay compensation for your economic damages. Additionally, punitive damages could be assessed if the actions are deemed willful or grossly negligent. \nConclusion : The ongoing violations by XXXXmisreporting bankruptcy information, failure to correct inaccuracies, and allowing third-party vendors to mishandle your personal datahave caused significant harm to your financial well-being, career opportunities, personal safety, and long-term financial goals. XXXX is vicariously liable for the actions of the vendors it relies on to gather and report information, and you have the right to pursue penalties, damages, and legal remedies under applicable laws. The violations not only impact your present livelihood but also jeopardize your future opportunities and security, and XXXX must be held accountable for its actions and inaction in this matter. \n\nXXXX. Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681 et seq. \nThe Fair Credit Reporting Act ( FCRA ) is the foundational law governing credit reporting agencies like XXXX. This law holds them accountable for ensuring the accuracy of the data they report and mandates that they conduct investigations into disputes. \n15 U.S.C. 1681e ( b ) - Duty to Ensure Accuracy : Requires XXXX to maintain reasonable procedures to ensure the accuracy of the information it reports. If XXXX fails to properly verify the accuracy of reported information ( such as bankruptcy records ), it could be vicariously liable for any damages caused by inaccuracies. \n15 U.S.C. 1681i - Reinvestigation of Disputes : Requires XXXX to investigate a consumer 's dispute within 30 days of receiving it. Failure to conduct a proper reinvestigation or removing inaccurate information within this timeframe could lead to liability. \n15 U.S.C. 1681h ( e ) - Limitation on Defamation Actions : This provision allows for a defamation suit in cases of inaccurate credit reporting if the reporting agency acts with negligence or willful intent to harm. If XXXX 's vendors acted negligently or willfully misreported data, they ( and XXXX ) could face legal consequences under this section. \nXXXX. Privacy Act of 1974 5 U.S.C. 552a The Privacy Act of XXXX governs the collection, maintenance, and dissemination of personal data by federal agencies. Although XXXX is a private entity, this law still applies to consumer data reporting in the context of government agencies and their interaction with private companies ( such as the reporting of public records ). \n5 U.S.C. 552a ( e ) - Use of Personal Data : Prohibits unauthorized disclosure of personal data. If XXXX and its vendors improperly disclose bankruptcy or other personal information in violation of the law, they could face liability for unauthorized dissemination. \n5 U.S.C. 552a ( g ) - Civil Remedies : Provides individuals the right to seek civil remedies ( including damages ) for violations of the Privacy Act, especially if personal data is mishandled or misreported by entities like XXXX. \nXXXX. Uniform Commercial Code ( UCC ) Articles 9-311, 9-312, 9-313 The Uniform Commercial Code ( UCC ) applies to secured transactions, and XXXX XXXX XXXX XXXX is the Secured Party Creditor of all personal and financial data. Under the XXXX, data ( tangible and intangible property ) is protected as part of the Secured Party 's property. \nUCC 9-311, 9-312, 9-313 : These provisions protect the Secured Party 's interests in personal property , including data, and impose a fiduciary duty to maintain the confidentiality and security of that data. Unauthorized use of this data by XXXX or its vendors would breach these obligations. \n4. Electronic Communications Privacy Act ( ECPA ) 18 U.S.C. 2510 et seq.\n\nThe ECPA protects the privacy of electronic communications, which can include personal data and communications exchanged by credit reporting agencies. \n18 U.S.C. 2511- Interception and Disclosure of Communications : This law prohibits the interception and unauthorized disclosure of private communications. If XXXX or its vendors improperly accessed or disseminated your private data for financial gain or other improper purposes, they could face liability under this law. \nXXXX. Identity Theft Enforcement and Restitution Act 18 U.S.C. 1028 This law addresses identity theft and fraud and provides penalties for those who use a persons data ( including bankruptcy records ) for fraudulent purposes.\n\n18 U.S.C. 1028 - Identity Theft : If XXXXs reporting of inaccurate bankruptcy data contributed to identity theft or fraudulent financial activity using your personal information ( e.g., obtaining credit under your name ), they may be held criminally and civilly liable under this law. \n18 U.S.C. 1028A - Aggravated Identity Theft : This provision enhances penalties if identity theft is done with a financial motive. If XXXX mishandling of your data leads to fraudulent activities, such as fraudulent loan applications or credit misreporting, they could be subject to enhanced penalties for aggravated identity theft. \nXXXX. State Laws Defamation and Privacy Invasions Many states have laws that directly govern defamation, privacy violations, and unauthorized disclosure of personal information. These can be used to support claims for damages when inaccurate data is reported by XXXX. \nDefamation : Under state defamation laws, inaccurate reporting of personal informationsuch as bankruptcy recordscan result in harm to reputation. You may claim damages for harm caused to your reputation, business, and employment opportunities. \nInvasion of Privacy : States also have laws protecting individuals from the invasion of their privacy, including false light claims and public disclosure of private facts. By misreporting your bankruptcy information or disclosing sealed court records, XXXX could be liable for these types of privacy violations. \nXXXX. Racketeer Influenced and Corrupt Organizations Act ( RICO ) 18 U.S.C. 1961 et seq. \nThe RICO Act is a powerful tool for addressing patterns of fraudulent or illegal conduct involving multiple parties, such as XXXX and its vendors. \n18 U.S.C. 1962 - Prohibited Activities : If the conduct by XXXX or its vendors is part of a larger pattern of fraudulent activities, such as using misreported bankruptcy data for financial gain, you may pursue a claim under RICO. This could be used to address fraudulent schemes related to the misreporting of bankruptcy data or identity theft. \n18 U.S.C. 1964 - Civil Remedies : Under RICO, victims can claim treble damages for financial losses caused by fraudulent activities. This means that the damages you suffer from XXXX mishandling of your data could be tripled if the actions are found to be part of a broader fraudulent scheme. \n8. Consumer Financial Protection Act ( CFPA ) 12 U.S.C. 5536 The Consumer Financial Protection Act ( CFPA ) established the Consumer Financial Protection Bureau ( CFPB ), which enforces consumer protection laws, including the FCRA. \n12 U.S.C. 5536 - Prohibition on Unfair, Deceptive, or Abusive Acts or Practices : The CFPA prohibits financial institutions, including credit reporting agencies like XXXX, from engaging in unfair or deceptive practices that harm consumers. Misreporting bankruptcy or failing to correct it when notified could constitute an unfair practice. \nXXXX. Tortious Interference with Business and Employment Relationships If the inaccurate bankruptcy reporting has directly caused harm to your employment or business relationships ( for example, by preventing you from securing a job or a loan ), you may claim damages for tortious interference.\n\nTortious Interference with Contractual Relations : If XXXXs false reporting has prevented you from entering into a contract ( such as a job or a loan agreement ), you may claim damages for interference with business relationships and lost opportunities. \n10. Fraud Common Law and Statutory Fraud Claims XXXX and its vendors may also face claims of fraud if it is found that they knowingly or recklessly misreported your information for their own financial gain, such as receiving kickbacks for misreporting data or enabling fraudulent activity. \nFraud Claims : If XXXX or its vendors intentionally misreported or failed to correct data that they knew was inaccurate, they could be liable for fraud, entitling you to damages for any harm caused, including economic loss, emotional distress, and punitive damages. \n\nConclusion : Given the complexity of this situation, XXXX actionsor lack thereofcould expose the company to liability under multiple laws, including the Fair Credit Reporting Act ( FCRA ), the Privacy Act, the Uniform Commercial Code ( UCC ), and various state privacy and defamation laws. Additionally, if XXXX or its vendors are found to have engaged in fraudulent activities, such as misusing personal data for securities fraud or identity theft, the legal consequences could include significant penalties, damages, and punitive measures under RICO, fraud statutes, and consumer protection laws. \nBy invoking these laws, you can hold XXXX and its vendors vicariously liable for the harm caused by the unauthorized dissemination and misreporting of XXXX XXXX XXXXXXXX XXXX sensitive data.","date_sent_to_company":"2024-11-24T07:41:46.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"482XX","tags":null,"has_narrative":true,"complaint_id":"10914202","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-11-24T07:41:43.000Z","state":"MI","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["For jobs that <em>require</em> security clearances or access to financial accounts, such reporting could be a disqualifying factor. \nEmotional Stress : The fear of your credit report being used against you in job searches, coupled with the inability to <em>find</em> stable work due to inaccurate reporting, can cause significant emotional distress."]},"sort":[6.4747148,"10914202"]},{"_index":"complaint-public-v1","_id":"10907701","_score":6.4554033,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Re : Legal Response to Experian Dispute Regarding Bankruptcy Reporting and Forensic Audit Case : XXXX XXXX XXXX XXXX Dear Experian Consumer Services, We hereby exercise our rights and reference the applicable statutory provisions for your guidance and compliance. These laws are binding on your company, given that your entity operates within the jurisdiction of both the state and federal authorities of its headquarters. These provisions were enacted to prevent corruption, breaches of fiduciary duty, violations of privacy, and infringements upon constitutional rights. \nPursuant to the Unlimited Power of Attorney, Cover Letter, and Memoir, and in accordance with the authorization granted by XXXX XXXX XXXX XXXX, you are instructed to address me as XXXX XXXX It is imperative that I not be addressed as \" XXXX XXXX, '' and I request that you refer to me solely as XXXX or XXXX XXXX \nThe term \" surname, '' originating around the XXXX, refers to an additional name or epithet attached to a person 's baptismal or XXXX name. The word \" surname '' is derived from the XXXX \" super '' ( meaning \" above '' ) and the XXXX XXXX \" XXXX XXXX' ( from \" XXXX XXXX' meaning \" XXXX XXXX' and \" XXXX '' meaning \" XXXX '' ). Over time, it evolved to denote a family name, typically passed down from generation to generation. In this regard, XXXX is my family name, which is private and must be treated with confidentiality. Any claims or communications related to the principal XXXX XXXX XXXX XXXX must be directed to the designated Trustee, XXXX XXXX XXXX his assigned authorized agents. \nThis letter serves as a formal legal response to the dispute submitted to your company on XX/XX/XXXX, regarding the unauthorized reporting of bankruptcy-related information on the credit report of XXXX XXXX XXXX XXXX XXXX We are invoking our legal rights under the Fair Credit Reporting Act ( FCRA ) and related statutes, demanding immediate correction and clarification, and requesting a forensic audit of all vendors and parties involved in the collection, reporting, or dissemination of sensitive data related to XXXX XXXX XXXX XXXX. \nXXXX. Violation of Privacy and Consumer Protection Laws Under the Fair Credit Reporting Act ( FCRA ), XXXX XXXX. XXXX ( b ), Experian is required to implement reasonable procedures to ensure the accuracy of the information it reports. Despite clear instructions from the XXXX Michigan Bankruptcy XXXX, which has confirmed that XXXX XXXX XXXXXXXX XXXX  bankruptcy is not a matter of public record, Experian has continued to report inaccurate bankruptcy information. This constitutes a violation of XXXX5 U.S.C. 1681e ( b ), which mandates that consumer reporting agencies maintain accurate and complete records.\n\nFurthermore, under 15 U.S.C. 1681c, Experian is obligated to delete any information that is inaccurate or unverifiable, particularly where bankruptcy records are concerned. As the information regarding XXXX XXXX XXXX IIIs bankruptcy is not a public record, your failure to remove such data represents a failure to comply with the FCRA and a breach of privacy rights under the Privacy Act of XXXX ( 5 U.S.C. 552a ). \nXXXX. Secured Party Creditor Rights under the Uniform Commercial Code ( UCC ) Additionally, as XXXX XXXX XXXX XXXX is the Secured Party Creditor under the Uniform Commercial Code ( UCC ), Articles 9-311, 9-312, and 9-313, all personal and financial data, whether categorized as public record or not, is protected as secured property. This includes tangible and intangible property, as well as securities associated with XXXX 's legal name and trade name. \nAs the Secured Party, XXXX has a trustee relationship over all such data. Therefore, unauthorized collection, reporting, or dissemination of this data is not only a violation of privacy but also a breach of trust, for which your company is liable. The UCC and its provisions protect XXXX 's rights to confidentiality and control over this information, preventing any third parties from exploiting it. \nXXXX. Penalties for Unauthorized Disclosure and Reporting Due to the severe risks posed by the unauthorized use of XXXX XXXX XXXXXXXX XXXX  personal data, we are invoking the right to impose penalties as follows : {>= $1,000,000} per count for each instance of inaccurate reporting or unauthorized disclosure of personal data, including bankruptcy records, credit information, or any other personal filings related to XXXX XXXX XXXX XXXX. \nThis charge reflects the damages incurred from the unauthorized dissemination of private information, which exposes XXXX to identity theft, financial fraud, and the potential unjust enrichment of those benefiting from such misuse. The UCC protects the secured partys assets, including personal data, from such exploitation. \n4. Court Notice and Sealed Records As indicated in the attached notice from the Eastern Michigan Bankruptcy Court, the bankruptcy information concerning XXXX XXXX XXXX XXXX is not a matter of public record and should not be disclosed. Experian and any third-party vendors associated with your company must respect the court 's decision, and we demand that all future bankruptcy records or related information concerning XXXX be sealed and treated as confidential. \nWe also demand immediate cessation of the reporting of this bankruptcy information, in line with the courts order, and confirmation that no further disclosure of any sealed or confidential data will be made by Experian or its vendors. \nXXXX. Unauthorized Collection and Reporting of Personal Data It has come to our attention that Experian and associated vendors have used data obtained from third-party sources to report bankruptcy information about XXXX XXXX XXXX XXXX XXXX despite the court 's ruling. This is a direct violation of the Privacy Act of 1974 ( 5 U.S.C. 552a ), which governs the handling of personal information and ensures that such data is not misused or improperly disclosed without proper authorization.\n\nAdditionally, FCRA 1681e ( b ) mandates that consumer reporting agencies ensure that all information provided is accurate. Given the false nature of the bankruptcy report, the use of third-party vendors to spread inaccurate data is an infringement of privacy and a violation of several consumer protection laws. \nXXXX. Demand for Forensic Audit of Vendors and Third Parties We hereby demand a forensic audit of all entities involved in the collection, reporting, or dissemination of data concerning XXXX XXXX XXXX XXXX, specifically : A full and detailed list of all vendors, third-party data providers, or aggregators that have reported information concerning XXXX XXXX XXXX XXXX XXXX Experian. This includes all data related to credit, bankruptcy, or any other personal records. \nWe request that the forensic audit specifically investigate : Kickbacks : Any financial incentives or compensation paid to third parties for the collection, reporting, or dissemination of personal data. \nSecurities Fraud : The use of personal information, such as Social Security numbers, signatures, and identifiers, to facilitate securities trading or fraudulent transactions.\n\nInsurance Fraud : Potential use of personal data to file fraudulent insurance claims or create financial benefits tied to the misreporting or unauthorized disclosure of bankruptcy records. \nXXXX. Penalty Charges for Fraudulent Reporting and Unauthorized Use of Data We further reserve the right to pursue penalties for any fraudulent reporting or unauthorized dissemination of XXXX XXXX XXXXXXXX XXXX  personal information. If it is determined that the improper reporting led to illicit financial gain, we will pursue the following : {>= $1,000,000} per count for each instance of fraudulent reporting or unauthorized use of XXXX XXXX XXXX XXXX 's data. \nThis is a conservative estimate of the damages resulting from the unauthorized dissemination of sensitive personal data, and it is in accordance with federal law and consumer protection statutes. \nXXXX. Demand for Immediate Action and Disclosure To resolve this matter expeditiously, we demand the following : Full Disclosure of all vendors, third parties, and data providers who have reported data related to XXXX XXXX XXXX XXXX. \nImmediate Removal of the bankruptcy records and all related personal information from all credit reports. \nConfirmation that no further unauthorized use of sealed court records or sensitive personal data will occur. \nA full forensic audit of the third-party transactions involving XXXX XXXX XXXX XXXX XXXX XXXX, including kickbacks, securities fraud, and insurance fraud. \nA comprehensive report on all actions taken to address this matter. \nIf a satisfactory response is not received within 14 days, we will pursue all available legal remedies, including filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and appropriate state regulatory authorities. Furthermore, we will pursue civil litigation for damages, as well as injunctive relief to prevent further violations of privacy and consumer protection laws. \nXXXX. Legal Consequences If Experian or its vendors fail to comply, we will pursue legal action, including : Securities Fraud charges. \nFiling for damages under the Fair Credit Reporting Act, Privacy Act, and other applicable consumer protection statutes. \nSeeking injunctive relief to prevent the unauthorized use of XXXX XXXX XXXX XXXX 's personal information. \n\nThis letter serves as formal notice of the unlawful conduct, and we expect prompt attention to resolving these violations. We look forward to your immediate response. \nXXXX. Questions Regarding Unauthorized Reporting : Why has Experian continued to report bankruptcy information for XXXX XXXX XXXX XXXX, despite the Eastern Michigan Bankruptcy Court ruling that this information is not a matter of public record? \nCan Experian provide proof that it conducted a reasonable investigation into the accuracy of the bankruptcy information before it was reported on XXXX XXXX XXXX XXXX credit report? \nWhat specific steps has Experian taken to ensure that bankruptcy records, which should be sealed and confidential, are not disclosed in violation of court orders and privacy laws? \nWhy has Experian failed to remove inaccurate or unverifiable bankruptcy information from XXXX XXXX XXXXXXXX XXXX credit file after being notified that the bankruptcy should not be part of the public record? \nXXXX. Questions Regarding Vendor and Third-Party Data Collection : Can Experian provide a detailed list of all vendors, third parties, or data providers that reported bankruptcy or other personal information regarding XXXX XXXX XXXX XXXX to your agency? \nHow does Experian verify the accuracy of data provided by third-party vendors before including it in the credit report? \nWhat procedures does Experian have in place to ensure that vendors do not violate privacy laws, including unauthorized reporting of personal information or misuse of court records? \nHas Experian paid or provided any financial incentives ( e.g., kickbacks ) to vendors or third parties for reporting information related to XXXX XXXX XXXX XXXX? \nXXXX. Questions Regarding Data Security and Privacy Violations : Has Experian taken any measures to protect the personal data of XXXX XXXX XXXX XXXX, specifically in regard to the risk of identity theft, fraud, or unauthorized use of this data by third parties? \nWhat steps has Experian taken to comply with the Privacy Act of XXXX and ensure that personal information is handled in accordance with federal privacy regulations? \nHas Experian conducted any internal audits or investigations into how sensitive data related to XXXX XXXX XXXX XXXX was collected, used, or disclosed by your company and its vendors? \n4. Questions Regarding Penalties for Unauthorized Disclosure : What is Experians policy for responding to unauthorized disclosure or inaccurate reporting of personal data? \nIs Experian willing to pay penalties or damages for the potential harm caused by the unauthorized use or inaccurate reporting of XXXX XXXX XXXXXXXX XXXX personal information, including identity theft and financial exploitation? \nWhat measures is Experian taking to correct any inaccuracies in XXXX XXXX XXXXXXXX XXXX  credit file and ensure that these mistakes do not reoccur in the future? \nXXXX. Questions Regarding Forensic Audit and Investigation : Will Experian agree to a full forensic audit of all third-party vendors, data aggregators, and other entities involved in the collection, reporting, or dissemination of data regarding XXXX XXXX XXXX XXXX XXXX \nWill Experian provide access to the forensic audit report, including an investigation into potential securities fraud, insurance fraud, or other financial crimes related to the misuse of XXXX XXXX XXXXXXXX XXXX data? \nCan Experian confirm that it will cooperate fully with the forensic audit and provide all relevant documents and information regarding its vendors and third-party relationships? \nXXXX. Questions Regarding Court-Sealed Records : How will Experian ensure that all future records related to XXXX XXXX XXXX XXXX XXXX including any bankruptcy or personal records, will be treated as sealed and confidential, in accordance with the Eastern Michigan Bankruptcy Courts order ? \nCan Experian confirm that no further public reporting or unauthorized disclosure of XXXX XXXX XXXXXXXX XXXX bankruptcy or personal records will take place from this point forward? \nXXXX. Questions Regarding Legal Consequences : Does Experian acknowledge the potential legal consequences of continuing to report false or inaccurate information related to XXXX XXXX XXXX XXXX, including violations of the Fair Credit Reporting Act and the Uniform Commercial Code ( UCC )? \nIs Experian prepared to resolve this matter without further legal action, or will additional legal steps be necessary to address the ongoing violations of privacy and consumer protection laws? \nXXXX. Questions Regarding Consumer Protection Compliance : How does Experian ensure compliance with state and federal consumer protection laws, especially in cases where sensitive or private information is involved, such as bankruptcy records and personal data of the principal, XXXX XXXX XXXX XXXX? \nCan Experian provide evidence that it has implemented adequate safeguards to prevent the unauthorized dissemination of sensitive personal information, including that of XXXX XXXX XXXX XXXX, to public or third-party vendors? \nXXXX. General Questions Regarding Practices and Accountability : What is Experians process for notifying consumers about unauthorized reporting or inaccuracies on their credit reports, and how long does it typically take to correct such errors? \nHow does Experian plan to ensure accountability with its third-party vendors and data providers, particularly when breaches of privacy or inaccuracies arise? \nhe unauthorized reporting and continued dissemination of inaccurate or sealed bankruptcy information about XXXX XXXX XXXX XXXX has a direct and substantial impact on your livelihood. The misreporting not only violates your privacy but also jeopardizes your financial stability, personal safety, and opportunities for future success. Below, I'll explain how these actions affect your livelihood and how Experian could be held vicariously liable for the harm caused. \n1. Financial Impact and Access to Credit The continued presence of inaccurate bankruptcy information on your credit report directly harms your ability to secure credit or favorable financial terms. Experian is responsible for reporting accurate credit information, and their failure to remove incorrect or unauthorized bankruptcy information : Denies Access to Credit : Many lending institutions rely on Experian 's credit reports to assess your creditworthiness. Incorrect bankruptcy information could lead to credit denials, impacting your ability to obtain loans for essential needs such as housing, medical bills, education, and personal expenses.\n\nHigher Interest Rates : Even if credit is available, inaccurate bankruptcy reporting could result in higher interest rates on loans or credit lines, increasing your overall debt burden. This makes it more difficult to manage your finances, save for the future, or achieve long-term financial goals.\n\nNegative Financial Reputation : Experians failure to correct the public record puts you in a situation where your financial reputation is tarnished, even though you have made efforts to rectify the situation with the bankruptcy court. This makes it more difficult to obtain business or personal credit and erodes any trust lenders or creditors may have in you.\n\n2. Employment Opportunities Many employers, particularly those in financial services or positions requiring fiduciary responsibility, conduct credit checks as part of their hiring process. An inaccurate bankruptcy on your credit report could cause significant harm in the following ways : Denied Employment : Inaccurate financial information, including bankruptcy records, may cause employers to believe you are a higher-risk candidate, potentially leading to job rejections. For jobs that require security clearances or access to financial accounts, such reporting could be a disqualifying factor. \nEmotional Stress : The fear of your credit report being used against you in job searches, coupled with the inability to find stable work due to inaccurate reporting, can cause significant emotional distress. This has a ripple effect on your overall well-being and productivity, making it harder to perform well in interviews, build career prospects, and maintain job security. \nDamage to Reputation : Employers may perceive the bankruptcy reporting, despite its inaccuracy, as a reflection of poor financial management. Even if they dont directly base hiring decisions on it, your reputation could be unfairly damaged by the erroneous information, causing long-term harm to your professional life. \nXXXX. Personal and Family Impact The unauthorized disclosure of bankruptcy information not only affects your financial life but also has significant personal repercussions : Identity Theft Risks : As the principal party, your personal dataspecifically your Social Security number, name, and other identifiersmay be exploited for fraudulent purposes. Experians failure to properly secure and correct your data increases the likelihood of identity theft or fraudulent activities that could take years to resolve. This exposes you to the risk of financial losses, legal fees, and extensive time spent addressing the aftermath of such violations. \nFamily and Safety Concerns : Unauthorized disclosure of sensitive information related to bankruptcy could potentially expose you to further harm, including harassment, or threats. For example, if someone uses your information for fraudulent purposes, such as opening lines of credit in your name, this could lead to threats to your safety or unwarranted financial obligations. \nEmotional Distress : The constant anxiety and emotional toll caused by the threat of further breaches, as well as the financial and social stigma associated with wrongful reporting, can lead to severe emotional stress, impacting your quality of life and relationships. The stress of dealing with these unresolved issues can affect your mental health, making it difficult to focus on personal, family, or professional commitments. \n4. Long-Term Financial and Career Goals Youve likely made long-term plans, such as purchasing a home, starting a business, or securing a retirement fund. The erroneous bankruptcy reporting hinders your ability to : Purchase a Home : Real estate loans and mortgages are heavily reliant on accurate credit reporting. Inaccurate bankruptcy information from Experian may prevent you from securing the necessary loans for homeownership, undermining your ability to establish financial independence and security. \nStart a Business : For entrepreneurs, creditworthiness is crucial for obtaining capital, financing, and business loans. The misreporting of bankruptcy information could prevent you from acquiring business loans, which could harm your ability to launch or expand a business. Moreover, creditors may view your financial situation as unstable or untrustworthy. \nRetirement Planning : Without the ability to secure credit at favorable terms, you may be forced to delay or abandon long-term plans like investing for retirement, saving for your childrens education, or creating a legacy for your family. This has consequences that stretch far beyond the immediate financial burden and into your future security.\n\n5. Vicarious Liability of Experian Experian is vicariously liable for the harm caused by the vendors it contracts with or uses to gather, process, or report information related to you. Vicarious liability means that Experian can be held accountable for the actions of its agents or contractors, even if it did not directly cause the harm. The key points here are : Responsibility for Vendor Actions : Experian, as the consumer reporting agency, is legally obligated under 15 U.S.C. 1681e ( b ) ( Fair Credit Reporting Act ) to ensure that the information it reports is accurate. If Experian relies on third-party vendors to report bankruptcy or credit data, it remains accountable for the information that these vendors report on your behalf. Experian has failed in its due diligence to ensure that these vendors report accurate and legitimate information, leading to the vicarious liability for damages. \nFailure to Verify and Correct : Under the FCRA and related privacy laws, Experian is responsible for verifying the accuracy of data within 30 days of receiving a dispute ( 15 U.S.C. 1681i ). The failure to conduct a thorough investigation or correct the erroneous bankruptcy record leaves Experian open to being held vicariously liable for its vendors actions and omissions. This neglect exacerbates the damages caused to you.\n\nFinancial Losses : The continuing erroneous bankruptcy information, coupled with Experians failure to act, exposes you to substantial financial losses. Whether its higher interest rates, loan denials, or missed employment opportunities, Experians lack of action is a proximate cause of the direct financial harm you are experiencing.\n\nPenalties and Legal Liabilities : If Experian or its vendors are found to have violated privacy laws or misused your data, they may be subject to financial penalties and may be required to pay compensation for your economic damages. Additionally, punitive damages could be assessed if the actions are deemed willful or grossly negligent. \nConclusion : The ongoing violations by Experianmisreporting bankruptcy information, failure to correct inaccuracies, and allowing third-party vendors to mishandle your personal datahave caused significant harm to your financial well-being, career opportunities, personal safety, and long-term financial goals. Experian is vicariously liable for the actions of the vendors it relies on to gather and report information, and you have the right to pursue penalties, damages, and legal remedies under applicable laws. The violations not only impact your present livelihood but also jeopardize your future opportunities and security, and Experian must be held accountable for its actions and inaction in this matter. \n\nXXXX. Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681 et seq.\n\nThe Fair Credit Reporting Act ( FCRA ) is the foundational law governing credit reporting agencies like Experian. This law holds them accountable for ensuring the accuracy of the data they report and mandates that they conduct investigations into disputes.\n\n15 U.S.C. 1681e ( b ) - Duty to Ensure Accuracy : Requires Experian to maintain reasonable procedures to ensure the accuracy of the information it reports. If Experian fails to properly verify the accuracy of reported information ( such as bankruptcy records ), it could be vicariously liable for any damages caused by inaccuracies.\n\n15 U.S.C. 1681i - Reinvestigation of Disputes : Requires Experian to investigate a consumer 's dispute within 30 days of receiving it. Failure to conduct a proper reinvestigation or removing inaccurate information within this timeframe could lead to liability.\n\n15 U.S.C. 1681h ( e ) - Limitation on Defamation Actions : This provision allows for a defamation suit in cases of inaccurate credit reporting if the reporting agency acts with negligence or willful intent to harm. If Experian 's vendors acted negligently or willfully misreported data, they ( and Experian ) could face legal consequences under this section.\n\n2. Privacy Act of 1974 5 U.S.C. 552a The Privacy Act of 1974 governs the collection, maintenance, and dissemination of personal data by federal agencies. Although Experian is a private entity, this law still applies to consumer data reporting in the context of government agencies and their interaction with private companies ( such as the reporting of public records ). \n5 U.S.C. 552a ( e ) - Use of Personal Data : Prohibits unauthorized disclosure of personal data. If Experian and its vendors improperly disclose bankruptcy or other personal information in violation of the law, they could face liability for unauthorized dissemination.\n\n5 U.S.C. 552a ( g ) - Civil Remedies : Provides individuals the right to seek civil remedies ( including damages ) for violations of the Privacy Act, especially if personal data is mishandled or misreported by entities like Experian.\n\n3. Uniform Commercial Code ( UCC ) Articles 9-311, 9-312, 9-313 The Uniform Commercial Code ( UCC ) applies to secured transactions, and XXXX XXXX XXXX XXXX is the Secured Party Creditor of all personal and financial data. Under the UCC, data ( tangible and intangible property ) is protected as part of the Secured Party 's property.\n\nUCC 9-311, 9-312, 9-313 : These provisions protect the Secured Party 's interests in personal property , including data, and impose a fiduciary duty to maintain the confidentiality and security of that data. Unauthorized use of this data by Experian or its vendors would breach these obligations.\n\n4. Electronic Communications Privacy Act ( ECPA ) 18 U.S.C. 2510 et seq.\n\nThe ECPA protects the privacy of electronic communications, which can include personal data and communications exchanged by credit reporting agencies.\n\n18 U.S.C. 2511- Interception and Disclosure of Communications : This law prohibits the interception and unauthorized disclosure of private communications. If Experian or its vendors improperly accessed or disseminated your private data for financial gain or other improper purposes, they could face liability under this law.\n\n5. Identity Theft Enforcement and Restitution Act 18 U.S.C. 1028 This law addresses identity theft and fraud and provides penalties for those who use a persons data ( including bankruptcy records ) for fraudulent purposes.\n\n18 U.S.C. 1028 - Identity Theft : If Experians reporting of inaccurate bankruptcy data contributed to identity theft or fraudulent financial activity using your personal information ( e.g., obtaining credit under your name ), they may be held criminally and civilly liable under this law.\n\n18 U.S.C. 1028A - Aggravated Identity Theft : This provision enhances penalties if identity theft is done with a financial motive. If Experians mishandling of your data leads to fraudulent activities, such as fraudulent loan applications or credit misreporting, they could be subject to enhanced penalties for aggravated identity theft.\n\n6. State Laws Defamation and Privacy Invasions Many states have laws that directly govern defamation, privacy violations, and unauthorized disclosure of personal information. These can be used to support claims for damages when inaccurate data is reported by Experian.\n\nDefamation : Under state defamation laws, inaccurate reporting of personal informationsuch as bankruptcy recordscan result in harm to reputation. You may claim damages for harm caused to your reputation, business, and employment opportunities.\n\nInvasion of Privacy : States also have laws protecting individuals from the invasion of their privacy, including false light claims and public disclosure of private facts. By misreporting your bankruptcy information or disclosing sealed court records, Experian could be liable for these types of privacy violations.\n\n7. Racketeer Influenced and Corrupt Organizations Act ( RICO ) 18 U.S.C. 1961 et seq.\n\nThe RICO Act is a powerful tool for addressing patterns of fraudulent or illegal conduct involving multiple parties, such as Experian and its vendors. \n18 U.S.C. 1962 - Prohibited Activities : If the conduct by Experian or its vendors is part of a larger pattern of fraudulent activities, such as using misreported bankruptcy data for financial gain, you may pursue a claim under RICO. This could be used to address fraudulent schemes related to the misreporting of bankruptcy data or identity theft.\n\n18 U.S.C. 1964 - Civil Remedies : Under RICO, victims can claim treble damages for financial losses caused by fraudulent activities. This means that the damages you suffer from Experians mishandling of your data could be tripled if the actions are found to be part of a broader fraudulent scheme. \n8. Consumer Financial Protection Act ( CFPA ) 12 U.S.C. 5536 The Consumer Financial Protection Act ( CFPA ) established the Consumer Financial Protection Bureau ( CFPB ), which enforces consumer protection laws, including the FCRA.\n\n12 U.S.C. 5536 - Prohibition on Unfair, Deceptive, or Abusive Acts or Practices : The CFPA prohibits financial institutions, including credit reporting agencies like Experian, from engaging in unfair or deceptive practices that harm consumers. Misreporting bankruptcy or failing to correct it when notified could constitute an unfair practice. \nXXXX. Tortious Interference with Business and Employment Relationships If the inaccurate bankruptcy reporting has directly caused harm to your employment or business relationships ( for example, by preventing you from securing a job or a loan ), you may claim damages for tortious interference. \nTortious Interference with Contractual Relations : If Experians false reporting has prevented you from entering into a contract ( such as a job or a loan agreement ), you XXXX claim damages for interference with business relationships and lost opportunities. \n10. Fraud Common Law and Statutory Fraud Claims Experian and its vendors may also face claims of fraud if it is found that they knowingly or recklessly misreported your information for their own financial gain, such as receiving kickbacks for misreporting data or enabling fraudulent activity.\n\nFraud Claims : If Experian or its vendors intentionally misreported or failed to correct data that they knew was inaccurate, they could be liable for fraud, entitling you to damages for any harm caused, including economic loss, emotional distress, and punitive damages. \n\nConclusion : Given the complexity of this situation, Experians actionsor lack thereofcould expose the company to liability under multiple laws, including the Fair Credit Reporting Act ( FCRA ), the Privacy Act, the Uniform Commercial Code ( UCC ), and various state privacy and defamation laws. Additionally, if Experian or its vendors are found to have engaged in fraudulent activities, such as misusing personal data for securities fraud or identity theft, the legal consequences could include significant penalties, damages, and punitive measures under RICO, fraud statutes, and consumer protection laws.\n\nBy invoking these laws, you can hold Experian and its vendors vicariously liable for the harm caused by the unauthorized dissemination and misreporting of XXXX XXXX XXXXXXXX XXXX sensitive data.","date_sent_to_company":"2024-11-24T07:41:33.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"482XX","tags":null,"has_narrative":true,"complaint_id":"10907701","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-11-24T07:17:20.000Z","state":"MI","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["For jobs that <em>require</em> security clearances or access to financial accounts, such reporting could be a disqualifying factor. \nEmotional Stress : The fear of your credit report being used against you in job searches, coupled with the inability to <em>find</em> stable work due to inaccurate reporting, can cause significant emotional distress."]},"sort":[6.4554033,"10907701"]},{"_index":"complaint-public-v1","_id":"10906292","_score":6.4554033,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Re : Legal Response to XXXX Dispute Regarding Bankruptcy Reporting and Forensic Audit Case : XXXX XXXX XXXX XXXX Dear XXXX XXXX XXXX, We hereby exercise our rights and reference the applicable statutory provisions for your guidance and compliance. These laws are binding on your company, given that your entity operates within the jurisdiction of both the state and federal authorities of its headquarters. These provisions were enacted to prevent corruption, breaches of fiduciary duty, violations of privacy, and infringements upon constitutional rights. \nPursuant to the Unlimited Power of Attorney, Cover Letter, and Memoir, and in accordance with the authorization granted by XXXX XXXX XXXX XXXX, you are instructed to address me as XXXX XXXX It is imperative that I not be addressed as \" XXXX XXXX, '' and I request that you refer to me solely as XXXX or XXXX XXXX \nThe term \" XXXX, '' originating around the XXXX, refers to an additional name or epithet attached to a person 's baptismal or XXXX name. The word \" XXXX '' is derived from the XXXX \" sXXXX '' ( meaning \" XXXX  '' ) and the XXXX XXXX \" sornom '' ( from \" XXXX  '' meaning \" XXXX '' and \" noXXXX '' meaning \" XXXX '' ). Over time, it evolved to denote a family name, typically passed down from generation to generation. In this regard, XXXX is my family name, which is private and must be treated with confidentiality. Any claims or communications related to the principal XXXX XXXX XXXX XXXX must be directed to the designated Trustee, XXXX XXXX XXXX his assigned authorized agents. \nThis letter serves as a formal legal response to the dispute submitted to your company on XX/XX/XXXX, regarding the unauthorized reporting of bankruptcy-related information on the credit report of XXXX XXXX XXXX XXXX XXXX We are invoking our legal rights under the Fair Credit Reporting Act ( FCRA ) and related statutes, demanding immediate correction and clarification, and requesting a forensic audit of all vendors and parties involved in the collection, reporting, or dissemination of sensitive data related to XXXX XXXX XXXX XXXX. \nXXXX. Violation of Privacy and Consumer Protection Laws Under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681e ( b ), XXXX is required to implement reasonable procedures to ensure the accuracy of the information it reports. Despite clear instructions from the Eastern Michigan Bankruptcy Court, which has confirmed that XXXX XXXX XXXXXXXX XXXX  bankruptcy is not a matter of public record, XXXX has continued to report inaccurate bankruptcy information. This constitutes a violation of 15 U.S.C. 1681e ( b ), which mandates that consumer reporting agencies maintain accurate and complete records.\n\nFurthermore, under 15 U.S.C. 1681c, XXXX is obligated to delete any information that is inaccurate or unverifiable, particularly where bankruptcy records are concerned. As the information regarding XXXX XXXX XXXXXXXX XXXX  bankruptcy is not a public record, your failure to remove such data represents a failure to comply with the FCRA and a breach of privacy rights under the Privacy Act of XXXX ( 5 U.S.C. 552a ). \nXXXX. Secured Party Creditor Rights under the Uniform Commercial Code ( XXXX ) Additionally, as XXXX XXXX XXXX XXXX is the XXXX XXXX XXXX under the Uniform Commercial Code ( UCC ), Articles 9-311, 9-312, and 9-313, all personal and financial data, whether categorized as public record or not, is protected as secured property. This includes tangible and intangible property, as well as securities associated with XXXX 's legal name and trade name. \nAs the XXXX XXXX, XXXX has a trustee relationship over all such data. Therefore, unauthorized collection, reporting, or dissemination of this data is not only a violation of privacy but also a breach of trust, for which your company is liable. The UCC and its provisions protect XXXX 's rights to confidentiality and control over this information, preventing any third parties from exploiting it. \nXXXX. Penalties for Unauthorized Disclosure and Reporting Due to the severe risks posed by the unauthorized use of XXXX XXXX XXXXXXXX XXXX personal data, we are invoking the right to impose penalties as follows : {>= $1,000,000} per count for each instance of inaccurate reporting or unauthorized disclosure of personal data, including bankruptcy records, credit information, or any other personal filings related to XXXX XXXX XXXX XXXX. \nThis charge reflects the damages incurred from the unauthorized dissemination of private information, which exposes XXXX to identity theft, financial fraud, and the potential unjust enrichment of those benefiting from such misuse. The UCC protects the secured partys assets, including personal data, from such exploitation. \n4. Court Notice and Sealed Records As indicated in the attached notice from the Eastern Michigan Bankruptcy Court, the bankruptcy information concerning XXXX XXXX XXXX XXXX is not a matter of public record and should not be disclosed. XXXX and any third-party vendors associated with your company must respect the court 's decision, and we demand that all future bankruptcy records or related information concerning XXXX be sealed and treated as confidential. \nWe also demand immediate cessation of the reporting of this bankruptcy information, in line with the courts order, and confirmation that no further disclosure of any sealed or confidential data will be made by XXXX or its vendors. \nXXXX. Unauthorized Collection and Reporting of Personal Data It has come to our attention that XXXX and associated vendors have used data obtained from third-party sources to report bankruptcy information about XXXX XXXX XXXX XXXX , despite the court 's ruling. This is a direct violation of the Privacy Act of XXXX ( 5 U.S.C. 552a ), which governs the handling of personal information and ensures that such data is not misused or improperly disclosed without proper authorization.\n\nAdditionally, FCRA 1681e ( b ) mandates that consumer reporting agencies ensure that all information provided is accurate. Given the false nature of the bankruptcy report, the use of third-party vendors to spread inaccurate data is an infringement of privacy and a violation of several consumer protection laws. \nXXXX. Demand for Forensic Audit of Vendors and Third Parties We hereby demand a forensic audit of all entities involved in the collection, reporting, or dissemination of data concerning XXXX XXXX XXXX XXXX, specifically : A full and detailed list of all vendors, third-party data providers, or aggregators that have reported information concerning XXXX XXXX XXXX XXXX XXXX XXXX. This includes all data related to credit, bankruptcy, or any other personal records. \nWe request that the forensic audit specifically investigate : Kickbacks : Any financial incentives or compensation paid to third parties for the collection, reporting, or dissemination of personal data. \nSecurities Fraud : The use of personal information, such as Social Security numbers, signatures, and identifiers, to facilitate securities trading or fraudulent transactions.\n\nInsurance Fraud : Potential use of personal data to file fraudulent insurance claims or create financial benefits tied to the misreporting or unauthorized disclosure of bankruptcy records. \nXXXX. Penalty Charges for Fraudulent Reporting and Unauthorized Use of Data We further reserve the right to pursue penalties for any fraudulent reporting or unauthorized dissemination of XXXX XXXX XXXX XXXX  personal information. If it is determined that the improper reporting led to illicit financial gain, we will pursue the following : {>= $1,000,000} per count for each instance of fraudulent reporting or unauthorized use of XXXX XXXX XXXX XXXX 's data. \nThis is a conservative estimate of the damages resulting from the unauthorized dissemination of sensitive personal data, and it is in accordance with federal law and consumer protection statutes. \nXXXX. Demand for Immediate Action and Disclosure To resolve this matter expeditiously, we demand the following : Full Disclosure of all vendors, third parties, and data providers who have reported data related to XXXX XXXX XXXX XXXX. \nXXXX Removal of the bankruptcy records and all related personal information from all credit reports. \nConfirmation that no further unauthorized use of sealed court records or sensitive personal data will occur. \nA full forensic audit of the third-party transactions involving XXXX XXXX XXXX XXXX XXXX XXXX, including kickbacks, securities fraud, and insurance fraud. \nA comprehensive report on all actions taken to address this matter. \nIf a satisfactory response is not received within 14 days, we will pursue all available legal remedies, including filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and appropriate state regulatory authorities. Furthermore, we will pursue civil litigation for damages, as well as injunctive relief to prevent further violations of privacy and consumer protection laws. \nXXXX. Legal Consequences If XXXX or its vendors fail to comply, we will pursue legal action, including : Securities Fraud charges. \nFiling for damages under the Fair Credit Reporting Act, Privacy Act, and other applicable consumer protection statutes. \nSeeking injunctive relief to prevent the unauthorized use of XXXX XXXX XXXX XXXX 's personal information. \n\nThis letter serves as formal notice of the unlawful conduct, and we expect prompt attention to resolving these violations. We look forward to your immediate response. \nXXXX. Questions Regarding Unauthorized Reporting : Why has XXXX continued to report bankruptcy information for XXXX XXXX XXXX XXXX, despite the XXXX Michigan Bankruptcy XXXX ruling that this information is not a matter of public record? \nCan XXXX provide proof that it conducted a reasonable investigation into the accuracy of the bankruptcy information before it was reported on XXXX XXXX XXXXXXXX XXXX credit report? \nWhat specific steps has XXXX taken to ensure that bankruptcy records, which should be sealed and confidential, are not disclosed in violation of court orders and privacy laws? \nWhy has XXXX failed to remove inaccurate or unverifiable bankruptcy information from XXXX XXXX XXXX XXXX  credit file after being notified that the bankruptcy should not be part of the public record? \nXXXX. Questions Regarding Vendor and Third-Party Data Collection : Can XXXX provide a detailed list of all vendors, third parties, or data providers that reported bankruptcy or other personal information regarding XXXX XXXX XXXX XXXX XXXX XXXX agency? \nHow does XXXX verify the accuracy of data provided by third-party vendors before including it in the credit report? \nWhat procedures does XXXX have in place to ensure that vendors do not violate privacy laws, including unauthorized reporting of personal information or misuse of court records? \nHas XXXX paid or provided any financial incentives ( e.g., kickbacks ) to vendors or third parties for reporting information related to XXXX XXXX XXXX XXXX? \nXXXX. Questions Regarding Data Security and Privacy Violations : Has XXXX taken any measures to protect the personal data of XXXX XXXX XXXX XXXX, specifically in regard to the risk of identity theft, fraud, or unauthorized use of this data by third parties? \nWhat steps has XXXX taken to comply with the Privacy Act of XXXX and ensure that personal information is handled in accordance with federal privacy regulations? \nHas XXXX conducted any internal audits or investigations into how sensitive data related to XXXX XXXX XXXX XXXX was collected, used, or disclosed by your company and its vendors? \nXXXX. Questions Regarding Penalties for Unauthorized Disclosure : What is XXXX policy for responding to unauthorized disclosure or inaccurate reporting of personal data? \nIs XXXX willing to pay penalties or damages for the potential harm caused by the unauthorized use or inaccurate reporting of XXXX XXXXXXXX XXXX XXXX personal information, including identity theft and financial exploitation? \nWhat measures is XXXX taking to correct any inaccuracies in XXXX XXXX XXXXXXXX XXXX  credit file and ensure that these mistakes do not reoccur in the future? \nXXXX. Questions Regarding Forensic Audit and Investigation : Will XXXX agree to a full forensic audit of all third-party vendors, data aggregators, and other entities involved in the collection, reporting, or dissemination of data regarding XXXX XXXX XXXX XXXX XXXX \nWill XXXX provide access to the forensic audit report, including an investigation into potential securities fraud, insurance fraud, or other financial crimes related to the misuse of XXXX XXXX XXXXXXXX XXXX  data? \nCan XXXX confirm that it will cooperate fully with the forensic audit and provide all relevant documents and information regarding its vendors and third-party relationships? \nXXXX. Questions Regarding Court-Sealed Records : How will XXXX ensure that all future records related to XXXX XXXX XXXX XXXX XXXX XXXX any bankruptcy or personal records, will be treated as sealed and confidential, in accordance with the Eastern Michigan Bankruptcy Courts order ? \nCan XXXX confirm that no further public reporting or unauthorized disclosure of XXXX XXXX XXXX XXXX  bankruptcy or personal records will take place from this point forward? \nXXXX. Questions Regarding Legal Consequences : Does XXXX acknowledge the potential legal consequences of continuing to report false or inaccurate information related to XXXX XXXX XXXX XXXX, including violations of the Fair Credit Reporting Act and the Uniform Commercial Code ( UCC )? \nIs XXXX prepared to resolve this matter without further legal action, or will additional legal steps be necessary to address the ongoing violations of privacy and consumer protection laws? \nXXXX. Questions Regarding Consumer Protection Compliance : How does XXXX ensure compliance with state and federal consumer protection laws, especially in cases where sensitive or private information is involved, such as bankruptcy records and personal data of the principal, XXXX XXXX XXXX XXXX? \nCan XXXX provide evidence that it has implemented adequate safeguards to prevent the unauthorized dissemination of sensitive personal information, including that of XXXX XXXX XXXX XXXX, to public or third-party vendors? \nXXXX. General Questions Regarding Practices and Accountability : What is XXXX process for notifying consumers about unauthorized reporting or inaccuracies on their credit reports, and how long does it typically take to correct such errors? \nHow does XXXX plan to ensure accountability with its third-party vendors and data providers, particularly when breaches of privacy or inaccuracies arise? \nhe unauthorized reporting and continued dissemination of inaccurate or sealed bankruptcy information about XXXX XXXX XXXX XXXX has a direct and substantial impact on your livelihood. The misreporting not only violates your privacy but also jeopardizes your financial stability, personal safety, and opportunities for future success. Below, I'll explain how these actions affect your livelihood and how XXXX could be held vicariously liable for the harm caused. \n1. Financial Impact and Access to Credit The continued presence of inaccurate bankruptcy information on your credit report directly harms your ability to secure credit or favorable financial terms. XXXX is responsible for reporting accurate credit information, and their failure to remove incorrect or unauthorized bankruptcy information : Denies Access to Credit : Many lending institutions rely on XXXX 's credit reports to assess your creditworthiness. Incorrect bankruptcy information could lead to credit denials, impacting your ability to obtain loans for essential needs such as housing, medical bills, education, and personal expenses. \nHigher Interest Rates : Even if credit is available, inaccurate bankruptcy reporting could result in higher interest rates on loans or credit lines, increasing your overall debt burden. This makes it more difficult to manage your finances, save for the future, or achieve long-term financial goals. \nNegative Financial Reputation : XXXX failure to correct the public record puts you in a situation where your financial reputation is tarnished, even though you have made efforts to rectify the situation with the bankruptcy court. This makes it more difficult to obtain business or personal credit and erodes any trust lenders or creditors may have in you.\n\n2. Employment Opportunities Many employers, particularly those in financial services or positions requiring fiduciary responsibility, conduct credit checks as part of their hiring process. An inaccurate bankruptcy on your credit report could cause significant harm in the following ways : Denied Employment : Inaccurate financial information, including bankruptcy records, XXXX cause employers to believe you are a higher-risk candidate, potentially leading to job rejections. For jobs that require security clearances or access to financial accounts, such reporting could be a disqualifying factor. \nEmotional Stress : The fear of your credit report being used against you in job searches, coupled with the inability to find stable work due to inaccurate reporting, can cause significant emotional distress. This has a ripple effect on your overall well-being and productivity, making it harder to perform well in interviews, build career prospects, and maintain job security. \nDamage to Reputation : XXXX XXXX perceive the bankruptcy reporting, despite its inaccuracy, as a reflection of poor financial management. Even if they dont directly base hiring decisions on it, your reputation could be unfairly damaged by the erroneous information, causing long-term harm to your professional life. \nXXXX. Personal and Family Impact The unauthorized disclosure of bankruptcy information not only affects your financial life but also has significant personal repercussions : Identity Theft Risks : As the principal party, your personal dataspecifically your Social Security number, name, and other identifiersmay be exploited for fraudulent purposes. XXXX failure to properly secure and correct your data increases the likelihood of identity theft or fraudulent activities that could take years to resolve. This exposes you to the risk of financial losses, legal fees, and extensive time spent addressing the aftermath of such violations. \nFamily and Safety Concerns : Unauthorized disclosure of sensitive information related to bankruptcy could potentially expose you to further harm, including harassment, or threats. For example, if someone uses your information for fraudulent purposes, such as opening lines of credit in your name, this could lead to threats to your safety or unwarranted financial obligations. \nEmotional Distress : The constant anxiety and emotional toll caused by the threat of further breaches, as well as the financial and social stigma associated with wrongful reporting, can lead to severe emotional stress, impacting your quality of life and relationships. The stress of dealing with these unresolved issues can affect your mental health, making it difficult to focus on personal, family, or professional commitments. \n4. Long-Term Financial and Career Goals Youve likely made long-term plans, such as purchasing a home, starting a business, or securing a retirement fund. The erroneous bankruptcy reporting hinders your ability to : Purchase a Home : Real estate loans and mortgages are heavily reliant on accurate credit reporting. Inaccurate bankruptcy information from XXXX XXXX prevent you from securing the necessary loans for homeownership, undermining your ability to establish financial independence and security. \nStart a Business : For entrepreneurs, creditworthiness is crucial for obtaining capital, financing, and business loans. The misreporting of bankruptcy information could prevent you from acquiring business loans, which could harm your ability to launch or expand a business. Moreover, creditors XXXX view your financial situation as unstable or untrustworthy. \nRetirement Planning : Without the ability to secure credit at favorable terms, you may be forced to delay or abandon long-term plans like investing for retirement, saving for your childrens education, or creating a legacy for your family. This has consequences that stretch far beyond the immediate financial burden and into your future security. \nXXXX. Vicarious Liability of XXXX XXXX is vicariously liable for the harm caused by the vendors it contracts with or uses to gather, process, or report information related to you. Vicarious liability means that XXXX can be held accountable for the actions of its agents or contractors, even if it did not directly cause the harm. The key points here are : Responsibility for Vendor Actions : XXXX, as the consumer reporting agency, is legally obligated under 15 U.S.C. XXXX ( b ) ( Fair Credit Reporting Act ) to ensure that the information it reports is accurate. If XXXX relies on third-party vendors to report bankruptcy or credit data, it remains accountable for the information that these vendors report on your behalf. XXXX has failed in its due diligence to ensure that these vendors report accurate and legitimate information, leading to the vicarious liability for damages. \nFailure to Verify and Correct : Under the FCRA and related privacy laws, XXXX is responsible for verifying the accuracy of data within 30 days of receiving a dispute ( 15 U.S.C. 1681i ). The failure to conduct a thorough investigation or correct the erroneous bankruptcy record leaves XXXX open to being held vicariously liable for its vendors actions and omissions. This neglect exacerbates the damages caused to you. \nFinancial Losses : The continuing erroneous bankruptcy information, coupled with XXXX failure to act, exposes you to substantial financial losses. Whether its higher interest rates, loan denials, or missed employment opportunities, XXXX lack of action is a proximate cause of the direct financial harm you are experiencing. \nPenalties and Legal Liabilities : If XXXX or its vendors are found to have violated privacy laws or misused your data, they XXXX be subject to financial penalties and XXXX be required to pay compensation for your economic damages. Additionally, punitive damages could be assessed if the actions are deemed willful or grossly negligent. \nConclusion : The ongoing violations by XXXXmisreporting bankruptcy information, failure to correct inaccuracies, and allowing third-party vendors to mishandle your personal datahave caused significant harm to your financial well-being, career opportunities, personal safety, and long-term financial goals. XXXX is vicariously liable for the actions of the vendors it relies on to gather and report information, and you have the right to pursue penalties, damages, and legal remedies under applicable laws. The violations not only impact your present livelihood but also jeopardize your future opportunities and security, and XXXX must be held accountable for its actions and inaction in this matter. \n\n1. Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681 et seq. \nThe Fair Credit Reporting Act ( FCRA ) is the foundational law governing credit reporting agencies like XXXX. This law holds them accountable for ensuring the accuracy of the data they report and mandates that they conduct investigations into disputes. \n15 U.S.C. 1681e ( b ) - Duty to Ensure Accuracy : Requires XXXX to maintain reasonable procedures to ensure the accuracy of the information it reports. If XXXX fails to properly verify the accuracy of reported information ( such as bankruptcy records ), it could be vicariously liable for any damages caused by inaccuracies. \n15 U.S.C. 1681i - Reinvestigation of Disputes : Requires XXXX to investigate a consumer 's dispute within 30 days of receiving it. Failure to conduct a proper reinvestigation or removing inaccurate information within this timeframe could lead to liability. \n15 U.S.C. 1681h ( e ) - Limitation on Defamation Actions : This provision allows for a defamation suit in cases of inaccurate credit reporting if the reporting agency acts with negligence or willful intent to harm. If XXXX 's vendors acted negligently or willfully misreported data, they ( and XXXX ) could face legal consequences under this section. \n2. Privacy Act of 1974 5 U.S.C. 552a The Privacy Act of 1974 governs the collection, maintenance, and dissemination of personal data by federal agencies. Although XXXX is a private entity, this law still applies to consumer data reporting in the context of government agencies and their interaction with private companies ( such as the reporting of public records ). \n5 U.S.C. 552a ( e ) - Use of Personal Data : Prohibits unauthorized disclosure of personal data. If XXXX and its vendors improperly disclose bankruptcy or other personal information in violation of the law, they could face liability for unauthorized dissemination. \n5 U.S.C. 552a ( g ) - Civil Remedies : Provides individuals the right to seek civil remedies ( including damages ) for violations of the Privacy Act, especially if personal data is mishandled or misreported by entities like XXXX. \nXXXX. Uniform Commercial Code ( UCC ) Articles 9-311, 9-312, 9-313 The Uniform Commercial Code ( UCC ) applies to secured transactions, and XXXX XXXX XXXX XXXX is the Secured Party Creditor of all personal and financial data. Under the UCC, data ( tangible and intangible property ) is protected as part of the Secured Party 's property.\n\nUCC 9-311, 9-312, 9-313 : These provisions protect the Secured Party 's interests in personal property , including data, and impose a fiduciary duty to maintain the confidentiality and security of that data. Unauthorized use of this data by XXXX or its vendors would breach these obligations. \n4. Electronic Communications Privacy Act ( ECPA ) 18 U.S.C. 2510 et seq.\n\nThe ECPA protects the privacy of electronic communications, which can include personal data and communications exchanged by credit reporting agencies.\n\n18 U.S.C. 2511- Interception and Disclosure of Communications : This law prohibits the interception and unauthorized disclosure of private communications. If XXXX or its vendors improperly accessed or disseminated your private data for financial gain or other improper purposes, they could face liability under this law. \nXXXX. Identity Theft Enforcement and Restitution Act 18 U.S.C. 1028 This law addresses identity theft and fraud and provides penalties for those who use a persons data ( including bankruptcy records ) for fraudulent purposes. \n18 U.S.C. 1028 - Identity Theft : If XXXX reporting of inaccurate bankruptcy data contributed to identity theft or fraudulent financial activity using your personal information ( e.g., obtaining credit under your name ), they may be held criminally and civilly liable under this law. \n18 U.S.C. 1028A - Aggravated Identity Theft : This provision enhances penalties if identity theft is done with a financial motive. If XXXX mishandling of your data leads to fraudulent activities, such as fraudulent loan applications or credit misreporting, they could be subject to enhanced penalties for aggravated identity theft. \nXXXX. State Laws Defamation and Privacy Invasions Many states have laws that directly govern defamation, privacy violations, and unauthorized disclosure of personal information. These can be used to support claims for damages when inaccurate data is reported by XXXX. \nDefamation : Under state defamation laws, inaccurate reporting of personal informationsuch as bankruptcy recordscan result in harm to reputation. You may claim damages for harm caused to your reputation, business, and employment opportunities.\n\nInvasion of Privacy : States also have laws protecting individuals from the invasion of their privacy, including false light claims and public disclosure of private facts. By misreporting your bankruptcy information or disclosing sealed court records, XXXX could be liable for these types of privacy violations. \n7. Racketeer Influenced and Corrupt Organizations Act ( RICO ) 18 U.S.C. 1961 et seq.\n\nThe RICO Act is a powerful tool for addressing patterns of fraudulent or illegal conduct involving multiple parties, such as XXXX and its vendors. \n18 U.S.C. 1962 - Prohibited Activities : If the conduct by XXXX or its vendors is part of a larger pattern of fraudulent activities, such as using misreported bankruptcy data for financial gain, you may pursue a claim under RICO. This could be used to address fraudulent schemes related to the misreporting of bankruptcy data or identity theft. \n18 U.S.C. 1964 - Civil Remedies : Under RICO, victims can claim treble damages for financial losses caused by fraudulent activities. This means that the damages you suffer from XXXX mishandling of your data could be tripled if the actions are found to be part of a broader fraudulent scheme. \n8. Consumer Financial Protection Act ( CFPA ) 12 U.S.C. 5536 The Consumer Financial Protection Act ( CFPA ) established the Consumer Financial Protection Bureau ( CFPB ), which enforces consumer protection laws, including the FCRA.\n\n12 U.S.C. 5536 - Prohibition on Unfair, Deceptive, or Abusive Acts or Practices : The CFPA prohibits financial institutions, including credit reporting agencies like XXXX, from engaging in unfair or deceptive practices that harm consumers. Misreporting bankruptcy or failing to correct it when notified could constitute an unfair practice. \nXXXX. Tortious Interference with Business and Employment Relationships If the inaccurate bankruptcy reporting has directly caused harm to your employment or business relationships ( for example, by preventing you from securing a job or a loan ), you may claim damages for tortious interference. \nTortious Interference with Contractual Relations : If XXXX false reporting has prevented you from entering into a contract ( such as a job or a loan agreement ), you may claim damages for interference with business relationships and lost opportunities. \n10. Fraud Common Law and Statutory Fraud Claims XXXX and its vendors XXXX also face claims of fraud if it is found that they knowingly or recklessly misreported your information for their own financial gain, such as receiving kickbacks for misreporting data or enabling fraudulent activity. \nXXXX Claims : If XXXX or its vendors intentionally misreported or failed to correct data that they knew was inaccurate, they could be liable for fraud, entitling you to damages for any harm caused, including economic loss, emotional distress, and punitive damages. \n\nConclusion : Given the complexity of this situation, XXXX actionsor lack thereofcould expose the company to liability under multiple laws, including the Fair Credit Reporting Act ( FCRA ), the Privacy Act, the Uniform Commercial Code ( UCC ), and various state privacy and defamation laws. Additionally, if XXXX or its vendors are found to have engaged in fraudulent activities, such as misusing personal data for securities fraud or identity theft, the legal consequences could include significant penalties, damages, and punitive measures under RICO, fraud statutes, and consumer protection laws. \nBy invoking these laws, you can hold XXXX and its vendors vicariously liable for the harm caused by the unauthorized dissemination and misreporting of XXXX XXXX XXXXXXXX XXXX sensitive data.","date_sent_to_company":"2024-11-24T07:41:46.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"482XX","tags":null,"has_narrative":true,"complaint_id":"10906292","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"LEXISNEXIS","date_received":"2024-11-24T07:41:43.000Z","state":"MI","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["For jobs that <em>require</em> security clearances or access to financial accounts, such reporting could be a disqualifying factor. \nEmotional Stress : The fear of your credit report being used against you in job searches, coupled with the inability to <em>find</em> stable work due to inaccurate reporting, can cause significant emotional distress."]},"sort":[6.4554033,"10906292"]},{"_index":"complaint-public-v1","_id":"6791118","_score":5.5057344,"_source":{"product":"Mortgage","complaint_what_happened":"To Whom this may concern, It is not now, nor ever that I am refusing to pay a lawful obligation. \nOn XX/XX/XXXX, I made an uninformed use of credit decision ( 15 USC 1601 a ) on a consumer credit transaction for XXXX, XXXX dollars with Quicken Loans now know as Rocket Mortgage. The alleged lender advertised that they would lend me their money to me. They never told me once about this being a consumer credit transaction ( 15 USC 1602 bb,1, A ). I was uniformed that I was the consumer and the original creditor when I was approved on the application for an extension of my credit ( 15 USC 1601, a / 15 USC 1602 bb,1, A, g ). I gave them my social security number ( Credit Card 15 USC 1602 i ). They used my credit card with no benefit to me 15 USC 1602 p unauthorized use. I was uniformed that credit means the right granted ( 15 USC 1602 g ). I was uniformed that loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required ( 15 USC 1602 g ). I was uniformed the person to whom the debt arising from the consumer credit transaction ( was me ) is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement ( 15 USC 1602 g ). I was uninformed that debt was an option. \nSince XXXX of XXXX I have disputed the debt in full and asked for original creditor information ( 12 CFR 1006.38, 1006.34, 15 USC 1692g ), trying to get these criminals to validate and verify the alleged debt with bona fide evidence of indebtedness over a dozen times including but not limited to XXXX, XXXX XXXX, XXXX, XXXX, and XX/XX/XXXX ( 15 USC 1692g, 12 CFR 1006.34 ). They have failed to send a single piece of paper to me that is signed let along validated, verified and they have continued abusive, discriminating, harassing, oppressive and threatening foreclosure with unfair debt collection practices ( 12 CFR 1006.14, 1006.18, 15 USC 1692 d, e, f ). Including reporting false misleading information to the credit reporting agencies without my written permission and with out any information or opt out being sent to me 15 USC 1681 b, a, 2. Without any respect for my privacy 15 USC 1681 4. Without a ( i ) clear and conspicuous disclosure, ( ii ) without the consumer has authorized in writing 15 USC 1681b, 2, i, ii.\n\nThe only piece of paper received that is signed is the stamp on the deceptive note that says Without Recourse Pay to the order of Quicken Loans, signed XXXX XXXX Capture Manager. This is evidence that the deceptive note was changed without my knowledge from a promise to pay to an order to pay, Draft or Check and they were paid at closing table in full. ( Ucc 3-104 ). 12 USC 1813 L clearly says that notes, certificates of indebtedness are money or its equivalent and is a deposit. UCC 9-102 ( 65 ) \" Promissory note '' means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds. UCC 8-102, 9, Clearly says the the note and mortgage are a financial asset. UCC 8-102,1, clearly says I have the right to an adverse claim. The note can not be a promissory note, it must be a security! \nThis is further evidenced by the deceptive Mortgage document, the alleged borrowers covenant clearly says the borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the property and that the Property is unencumbered, except encumbrances of records. After I allegedly signed the note and clearly says I was the mortgagor, grantor on this document, How deceptive! 15 USC 78c 10 clearly says the note is a security with a maturity of over 9 months. 31 USC 5312 clearly says I am a financial institution persons involved in real estate closings and settlements, an issuer, redeemer, or cashier of checks, money orders or similar instruments. NONE of these documents contain any of the words, terms and conditions in the truth and lending act 15 USC 1611, 12 CFR 1006.22.\n\nThey claim to have lent me their money or credit. Yet they refuse to produce proof besides the alleged agreement, so called promissory note. How hard could this be? I could validate loans I have made in 5 minutes. I have not been able to find any evidence that they can lend me their credit, I have attached evidence, case law that they can not lend me their credit. I can only find evidence that they do not lend their deposits. \nPrinciples of Money, Banking, and Financial Markets and Professor XXXX XXXX XXXX the Doctoral Program at the XXXX XXXX XXXX XXXX XXXX at New York University and a former Senior Staff member on the Presidents Council of Economic Advisors, and also served on the Board of Governors of the Federal Reserve System. The following paragraph is taken from their book, When a bank lends, the borrower does not ordinarily take the proceeds in hundred dollar bills ; he takes a brand new checking account. On the banks balance sheet, loans ( an asset ) and demand deposit deposits ( a liability both rises. A bank creates a demand deposit when it lends. In effect, since demand deposits are money, banks create money. \nPROFESSOR XXXX XXXX XXXX from the Federal Reserve Bank of New York. XXXX XXXX a author employed by the XXXX XXXX XXXX XXXX and the XXXX XXXX XXXX explains a little farther than did XXXX and XXXX. XXXX states, when a bank makes a loan the bank receives a Promissory Note for an equal amount of the Loan from the borrower and deposits the Promissory Note into a banks asset account as a debit and to comply with the General Accepted Accounting Procedures established by the Federal Reserve where Assets must always equal to liabilities plus owner equity. \nThe 88th united states congress, primer on money addressed the issue of lending XXXX XXXX dollars to a neighbor and you had a beginning balance of {$1000.00}. Which when the deduction occurs the ending balance is only XXXX XXXX dollars. But unfortunately the Bank when making a XXXX XXXX loan the banks assets and liabilities are not decreased but increased. The banks assets of {$1000.00}. Now becomes {$1500.00}. After making the loan and the demand deposits balance now becomes {$1500.00}. The formula established by the Federal Reserve is Assets=Demand Deposits plus owners equity this account is in perfect balance. \nXXXX XXXX and XXXX XXXX in their Economics book entitled XXXX XXXX XXXX XXXX XXXX out of 18 editions and first used in colleges and University in XXXX and was still being used in XXXX. On page XXXX, XXXX states, Most people suppose that a bank lends the deposits of its customer, In fact, however, no bank ever lends its deposits. The logical question should be then what do banks lend. \nGENERALLY ACCEPTED ACCOUNTING PRINCIPLES Banks are required to adhere to Generally Accepted Accounting Principles ( GAAP ). GAAP follows an accounting convention that lies at the heart of the double-entry bookkeeping system called the Matching Principle. This principle works as follows : When a bank accepts bullion, coin, currency, checks, drafts, promissory notes, or any other similar instruments ( hereinafter instruments ) from customers and deposits or records the instruments as assets, it must record offsetting liabilities that match the assets that it accepted from customers. The liabilities represent the amounts that the bank owes the customers, funds accepted from customers. In a fractional reserve banking system like the United States banking system, most of the funds advanced to borrowers ( assets of the banks ) are created by the banks themselves and are not merely transferred from one set of depositors to another set of borrowers. \nThe publication, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, Federal Reserve Bank of Chicago ( rev. ed. XX/XX/XXXX ), contains standard bookkeeping entries demonstrating that money ordinarily is recorded as a bank asset, while a bank liability is evidence of money that a bank owes. The bookkeeping entries tend to prove that banks accept cash, checks, drafts, and promissory notes/credit agreements ( assets ) as money deposited to create credit or checkbook money that are bank liabilities, which shows that, absent any right of setoff, banks owe money to persons who deposit money.. Cash ( money of exchange ) is money, and credit or promissory notes ( money of account ) become money when banks deposit promissory notes with the intent of treating them like deposits of cash. See, 12 U.S.C. Section 1813 ( l ) ( 1 ) ( definition of deposit under Federal Deposit Insurance Act ). The lender acts in the capacity of a lending or banking institution, and the newly issued credit or money is similar or equivalent to a promissory note, which may be treated as a deposit of money when received by the lending bank.. Federal Reserve Bank of XXXX publication XXXX XXXX XXXX, page 11, explains that when banks grant loans, they create new money. The new money is created because a new loan becomes a deposit, just like a paycheck does. XXXX XXXX XXXX, page 6, says, What they [ banks ] do when they make loans is to accept promissory notes in exchange for credits to the borrowers transaction accounts. The next sentence on the same page explains that the banks assets and liabilities increase by the amount of the loans. \nAccording to the Federal Reserve Bank of New York, money is anything that has value that banks and people accept as money ; money does not have to be issued by the government. For example, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX 9, Federal Reserve Bank of New York ( 4th ed. XXXX ), explains that banks create new money by depositing IOUs, promissory notes, offset by bank liabilities called checking account balances. Page 5 says, Money doesnt have to be intrinsically valuable, be issued by government, or be in any special form.... \nCredit as money are in XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX ( XXXX ) and XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ). A synthesis of these sources, as applied to the facts of the present case, is as follows : As commercial banks and discount houses ( private bankers ) became established in parts of XXXX ( especially XXXX XXXX ) and XXXX XXXX, by the mid-nineteenth century they commonly made loans to borrowers by extending their own credit to the borrowers or, at the borrowers direction, to third parties. The typical form of such extensions of credit was drafts or bills of exchange drawn upon themselves ( claims on the credit of the drawees ) instead of disbursements of bullion, coin, or other forms of money. In transactions with third parties, these drafts and bills came to serve most of the ordinary functions of money. The third parties had to determine for themselves whether such credit money had value and, if so, how much. \nGood Faith Disclosure after being noticed so many times could have settled this matter. Produce both sides of the accounting ledgers, Credits and debits, left and right sides. Produce the IRS forms 1099 OIDs, 1096, 8300 will identify who the payor and the recipient of the funds or cash proceeds were under SFAS ( Statement of Financial Accounting Standards ) 95 and IAS ( International Financial Standards ) 7.6 containing the inflows and outflows of cash and cash equivalents on the balance sheet FR 2046 ,2049 form securities of the off balance sheet receivables and payables which identifies both who the source or principles in which the the funds were derived from.\n\n15 USC 1605 ( a ) Finance charge defined ; Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge did not include all the charges. I have been deceptively forced to pay payments, interest, private mortgage insurance, homeowners Insurance, default mortgage insurance, taxes and upkeep on the property at my expense not included in the finance charge to protect the criminal alleged lender XXXX amounts to XXXX. I have been deceptively forced to pay these criminals in a comparable cash transaction for years. I have asked for the default mortgage insurance plan and proof the insurance company denied their claim. They have ignored all of my requests. They have been paid.\n\nI am uniformed without knowledge and understanding of the terms and conditions and how they got a security interest in my property without a red penny of valuable consideration and no evidence of indebtedness, by agreement ( 15 USC 1602 g ). I was uninformed that debt was an option.. I have asked several times only to be ignored. 15 USC 1611 Criminal liability for willful and knowing violation, 15 USC 1692j Furnishing certain deceptive forms, 12 CFR 1006.22, 18 USC 241,242, 42USC 1983,1985,1986.\n\nI have never received any forms for my right to rescission 15 USC 1635 a. I was never informed of my right to rescission let along having it clearly and conspicuously disclosed to me 15 USC 1635 a. 15 USC 1635 i, clearly says I have the right to rescission in foreclosure, let along all the deception and of the violations of law committed. Please send me the forms. 12 CFR 226.23, 226.15.\n\n16 CFR 433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. I was uniformed about nor can I find this notice any where on the alleged agreement. NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.\n\nThe Mortgage document contains a confessed judgement, denies my right to a homestead exemption 16 CFR 444.2 Unfair credit practices. 16 CFR 444.1 ( g ) Debt. Money that is due or alleged to be due from one to another. Or ; is defined in XXXX law dictionary as optional, a choice. 16 CFR 444.2 ( 3 ) Constitutes or contains an assignment of wages or other earnings. The alleged agreement contains or constitutes me to pay several insurance policies to protect the lender paid with my wages and earnings. 16 CFR 444.2 ( 4 ) Constitutes or contains a nonpossessory security interest in household goods other than a purchase money security interest. \nAccording to these state laws our shelter is considered essential to life, Basic Necessities, Household goods and we should be protected under the law equaly.\n\nFlorida Title 12 RSA 12D-7.002 - Exemption of Household Goods and Personal Effects Section RSA 196.181, F.S. Creature comfort 's are things which give bodily comfort, such as food, clothing and shelter.\n\nAlaska Title 6 Part 2A Chapter 40 6AAC 40.050 essential to the maintenance of life, health, or safety ; such aid, goods, or services including food, water, shelter, heat, emergency medical services, and police and fire protection. \nMaine Chapter XXXX XXXX XXXX  ch.XXXX, Section II DEFINITIONS Basic Necessities Food, clothing, shelter, fuel, electricity, non-elective medical services.\n\nI never received the required disclosures in 15 USC 1539 ( a ) Disclosures ( 1 ) Specific disclosures ( A ) You are not required to complete this agreement merely because you have received these disclosures or have signed a loan application..\n\n( B ) If you obtain this loan, the lender will have a mortgage on your home. You could lose your home, and any money you have put into it, if you do not meet your obligations under the loan..\n\nWe never received the required notice in 16 CFR 444.3 Notice to Cosigner You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. \nYou may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount.\n\nThe creditor can collect this debt from you without first trying to collect from the borrower. The creditor can use the same collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of your credit record.\n\nThis notice is not the contract that makes you liable for the debt.\n\n15 USC 1539 ( n ) Consequence of failure to comply Any mortgage that contains a provision prohibited by this section shall be deemed a failure to deliver the material disclosures required under this subchapter, for the purpose of section 1635 of this title.\n\nALL PUBLIC ACCOUNTS are PREPAID, certificates of indebtedness are obligations of the United States. \nSenate Document No. 43, 73rd Congress The ownership of all property is in the State. Individual, so-called ownership is only by the virtue of the government, i.e. law, amounting to mere user, and use must be in accordance with law, and sub-ordinate to the necessities of the state.\n\nCongressional record, XX/XX/XXXX on HR 1491, p.83 Under the new law, the money is issued to the banks in return for government obligations, bills-of-exchange, drafts, notes, trade acceptances, and bankers acceptances, The money will be worth XXXX cents on the dollar, because it is backed by the credit of the nation. It will represent a mortgage on all the homes, and other property of the people of the nation. \nTitle 18 sec. 8. - Obligation or other security of the United States defined The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United states notes, treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drags for money, drawn by of upon authorized officers of the United states, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United states stamps. \n31 U.S. Code 3113 - Accepting gifts a ) To provide the people of the United States with an opportunity to make gifts to the United States Government to be used to reduce the public debt ( 1 ) the Secretary of the Treasury may accept for the Government a gift of ( A ) money made only on the condition that it be used to reduce the public debt ; ( B ) an obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued ; and ( e ) ( 1 ) The Secretary shall redeem a direct obligation of the Government bearing interest or sold on a discount basis on receiving it when the obligation ( A ) is given to the Government ; FRNs are obligation of UNITED STATES : Pubic Law 73-10, HJR 192 of 1933 : The term obligation means Federal Reserve notes and circulating notes of Federal Reserve banks and national banking associations. Title 31 sec. 3123 makes a statutory pledge of the United States government to payment of obligation and interest on the public debt. \nTitle 31 sec. 3123. Payment of obligations and interest on the public debt ( a ) The faith of the United States Government is pledged to pay, in legal tender, principal and interest on the obligations of the obligations of the government issued under this chapter.\n\n( b ) The Secretary of the Treasury shall pay interest due of accrued on the public debt. As the Secretary considers expedient, the Secretary may pay in advance interest on the public debt by a period of not more than one year, with or without rebate of interest on the coupons. Therefore, the government pledges to pay government obligations which Federal Reserve Notes are, and pay them with FRNs, which is legal tender. Taxes and all bills associated with corporations are all government obligations which they must pay when we accept them for value and rent them to the government that has an obligation to settle the debt, dollar for dollar. It is a fact : Title 31 sec. 3130 further delineates in its definitions a portion of the total public debt, which is held by the public as the Net public debt, sec. 3130. Annual Public Debt Report ( a ) General Rule.- On or before XX/XX/XXXX of each calendar year after XXXX. The Secretary of the Treasury shall submit a report to the Committee on Ways and Means of the Hours of Representatives and the Committee on Finance of the Senate on- ( XXXX ) the treasurys public debt activities, and ( XXXX ) the operations of the XXXX XXXX XXXX . \nFor whatever reason we can associate with their actions and reasons they did so, The People may benefit. The People are the prime creditors and the beneficiaries, the government are trustees ; Trustees pay debts, beneficiaries do not. Thus, government obligations are not taxable. These obligations of UNITED STATES under Title 31 sec. 3124. Exemption from taxation : ( a ) Stock and obligations of the United States Government are exempt form ration by a State of political subdivision of a State. The exemption applies to each form of taxation that would require the obligation the interest on the obligation, or both, to be considered in computing a tax, except- ( XXXX ) a nondiscriminatory franchise tax of another non-property tax instead of a franchise tax, imposed on a corporation; and ( XXXX ) an estate of inheritance tax.\n\n( b ) The tax status of interest on obligations dividends, earnings, or other income from evidences of ownership issue by the Government of an agency and the tax treatment of chain and loss from the disposition of those obligations and evidences of ownership is denied under the Internal Revenue code of 1986 ( 26 U.S.C. 1 et seq. ). An obligation that the Federal Housing Administration had agreed, under a contract made before XX/XX/XXXX. XXXX, to issue a future date, had the tax exemption privileges provided by the authorizing law 4th the time of the contract. This subsection does not apply to obligations and evidences of ownership issued by the District of Columbia, a territory or possession of the United States, of a department, agency, instrumentality, or political subdivision of the District, territory or possession.\n\n12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of XXXX , District of Columbia, or at any Federal Reserve bank. \nThe Constitution does not give we, the people right. It forbids the government to ignore the God given Rights of the people, as seen in the 9th Amendment : The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. In addition, the 10th Amendment : The powers not delegated to the United States by the Constitution, not prohibited by it to the States, are reserved to the States respectively, or to the people. There is no law to discourage the people from creating credit instruments. In fact, the the 14th Amendment, sec. 4, we need to. We must Accept for Value, the debt instruments/legal tender of the United States . As long as the debt exists, the Democracy exists. The Republican Form of Government, The United States of America, can only come back when the debt is gone. Since Federal Reserve Notes ( FRNs ) as legal tender are debt notes, an insufficient number exist, for their repayment in kind, will not cover the interest owed. Using FRNs to pay debts only increases the governments obligations on debt by their creation. \nAs it is a fact that all property in the United States are result of the XX/XX/XXXX act is under the ownership of the United States, and/or it's designee, that the currency is underwritten by US Treasury notes , bills and/or obligations, it is impossible for the people to be held liable for government obligations. You can not pay a debt with a debt. No man can be forced to do the impossible. \nThe unconstitutionality of said act is expressed in Congress own words : a. Since XX/XX/XXXX, the United States has been in a shed of declared national emergency. These proclamations give force to 470 provisions of federal law. These hundreds of statues delegated to the President extraordinary power exercised by Congress, which affect the lives of American citizens in a host of all-encompassing manners. This vast range of powers, taken together, confer enough authority to rule this country without reference to normal constitutional processes. Senant report 93-549 XX/XX/XXXX. \nWe are contracting a private investigator to do a thorough forensic security audit. This will prove the securities fraud and that they have been trading these securities on the stock market. They have been paid several times in full.\n\nNotice to cease and desist, Notice to stop calling our private phones Notice of Identity Theft Though hundreds of hours of research, we have recently become aware of the fact that our legal name affixed to its birth certificate is evidence of a state agency, organization or partnership organized by the state. Being aware that the name does not serve to recognize the one who is\nusing it. We have resigned from this agency through the secretary of state. We have sent, filed several notices to the state and federal principle owners, trustees of this name of the identity theft, lack of fiduciary duties, Ect. We have sent several notices to the alleged lender only to be ignored.","date_sent_to_company":"2023-04-05T01:46:44.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"570XX","tags":null,"has_narrative":true,"complaint_id":"6791118","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Rocket Mortgage, LLC","date_received":"2023-04-05T00:50:33.000Z","state":"SD","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["I have not been able to <em>find</em> any evidence that they can lend me their credit, I have attached evidence, case law that they can not lend me their credit. I can only <em>find</em> evidence that they do not lend their deposits."]},"sort":[5.5057344,"6791118"]},{"_index":"complaint-public-v1","_id":"11361869","_score":5.4399405,"_source":{"product":"Credit card","complaint_what_happened":"I am submitting this letter to formally request a full investigation into the financial practices of JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX, particularly regarding the handling of securities, as well as the resulting financial implication for consumers, including myself as well as their treatment of customers and their accounts. I sent a security registered mail to XXXX XXXX that was delivered XX/XX/XXXX with a communication instructing XXXX XXXX to properly redeem the instrument and credit my account noting that if he didnt have the authority to redeem the instrument to forward it to the Indenture Trustee. My account was not credited nor was the security returned to me. On XX/XX/XXXX I sent a copy of the security I had sent to XXXX XXXX registered mail to Chase XXXX XXXX Chase Card XXXX XXXX addressed to XXXX XXXX XXXX ( due to her signature being on SEC filing documents ). It was delivered XX/XX/XXXX. The copy of the security was accompanied by a communication informing her the original security was sent to XXXX XXXX which had not been redeemed nor had it been returned and instructed her to properly credit my account as well as provide me with the accounting pursuant to UCC 9-210 in accordance with GAAP and the Truth and Lending Act ( 15 U.S.C 1601 ). This also went unacknowledged. On XX/XX/XXXX I filed a CFPB complaint due to the lack of compliance in accordance with UCC 8-505 through UCC 8-508 which is securities fraud. In the complaint I requested the accounting pursuant to UCC 9-210 in accordance with GAAP done by a certified CPA as well as the security that I had sent returned to me if it was to be rejected and not credited to my account. The complaint was responded to on XX/XX/XXXX in which my complaint/concern of the handling of my securities was completely ignored as well as my requests for the accounting pursuant UCC 9-210 . On XX/XX/XXXX I sent, certified mail, letters revoking POA for each entity within Chases transaction structure ( Chase XXXX XXXX, JPMorgan Chase Bank, N.A., Chase Card XXXX XXXX XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX. ) These were all delivered XX/XX/XXXX. Within each letter it was stated that a form XXXX had been properly filed with the IRS. I also sent on XX/XX/XXXX a security registered mail to XXXX XXXX XXXX XXXX office which was delivered XX/XX/XXXX. Again, this security was accompanied by a letter of instruction of the same nature as the others previously sent also requesting the accounting in accordance with GAAP on both the public and private side done by a certified CPA and my security returned if they were being rejected. I have not received the security nor any correspondence. I then received a call from JPMorgan Chases executive principal office about a complaint ( reference # XXXX ) that had reached their office. I originally thought this had to do with my securities. When I called back I was informed it was about my revocation of POA. The woman named XXXX said she had no idea why I was sending this ( being the POA revocation ) to Chase and also stated that there was no POA on file. I informed her that I was revoking JPMorgan Chases POA over my account even though she supposedly had no idea what I was talking about, that I wanted the Durable POA I had provided placed on my account as well as the revocation letter. That I now have the power as the agent over my person and am now the custodian over my account. I then told her that my account was being improperly handled and that JPMorgan Chase was fraudulently handling my securities. She then told me to send an email to an address that was provided to me about my issues regarding the securities. I sent the email on XX/XX/XXXX which detailed every letter I had sent, all the securities I had sent, informing Chase of the violations and their duty to act in accordance with UCC 8-505 through UCC 8-508 , informing CHASE of my rights as an entitlement holder, and my rights to the accounting pursuant UCC 9-210. Reiterating that CHASE has been committing securities fraud and violating their Indenture agreement that is on file with the SEC as well as being in breach of their fiduciary duties. I demanded a proper crediting of my account and requested again, the accounting in accordance with GAAP on both the public and private side done by a certified CPA. This email has gone unanswered. Prior to this on XX/XX/XXXX I sent JPMorgan XXXX XXXX address, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX , a security registered mail that was delivered XX/XX/XXXX. On this security I had done a restrictive endorsement. I then received in the mail from JPMorgan at XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX a correspondence that said We are unable to accept the enclosed securities for your investment account ending in XXXX  We received the following stock/bond certificate ( s ) for deposit into your investment account it further states We are unable to accept this item for deposit into an investment account. This item is not transferable. With this response was the security that I had sent along with the instruction letter. I had also sent a security registered mail to JPMorgan XXXX address XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX registered mail that was delivered on XX/XX/XXXX. This security was accompanied by a communication instructing JPMorgan XXXX to redeem the security and credit my account. It is now XX/XX/XXXX and my account has yet to be credited. Today on XX/XX/XXXX I emailed JPMorgan Chase executive principals office ( via an email address provided to me by XXXX ) a pre-arbitration email in which I also stated that I would be mailing the pre-arbitration letter to each entity listed herein. The email contained all my supporting documents. It was later today at around XXXX that I attempted to use my credit card and the transaction was declined. I called the number on the back of the card and they informed me my account had been shut down due to suspicious activity which they also had shut down my checking and savings account due to suspicious activity even though the debit card and savings account had never been used accept to put {$50.00} in both accounts to keep the account open. JPMorgan Chase is clearly retaliating against me due to the fact that I am asserting my rights and demanding what is owed to me. This is illegal and deeply concerning when in conjunction with the securities fraud, the breach of fiduciary duties and the unjust enrichment that has been occurring for months now. It has been since the inception of this account that I have been lawfully sending stock/bond certificates to JPMorgan Chase for proper redemption to proper crediting to my account. It has been since then that JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have been committing securities fraud as well as acting in unfair, deceptive, and abusive ways and in breach of their fiduciary duties.\n\nIt is clear in JPMorgans correspondence that I have in fact been in possession of securities ( stock/bond certificates ). This fact is evidenced/validated by the forensic audit that traced my statements and the credit card receivables to CHASE XXXX XXXX XXXX Class A ( XXXX ) notes with the XXXX XXXX XXXXXXXX. UCC 8-501 defines a securities account as ( a ) \" Securities account '' means an account to which a financial asset is or may be credited in accordance with an agreement under which the person maintaining the account undertakes to treat the person for whom the account is maintained as entitled to exercise the rights that comprise the financial asset. ( b ) Except as otherwise provided in subsections ( d ) and ( e ), a person acquires a security entitlement if a securities intermediary : ( 1 ) indicates by book entry that a financial asset has been credited to the person 's securities account ; ( 2 ) receives a financial asset from the person or acquires a financial asset for the person and, in either case, accepts it for credit to the person 's securities account ; or ( 3 ) becomes obligated under other law, regulation, or rule to credit a financial asset to the person 's securities account. ( c ) If a condition of subsection ( b ) has been met, a person has a security entitlement even though the securities intermediary does not itself hold the financial asset. ( d ) If a securities intermediary holds a financial asset for another person, and the financial asset is registered in the name of, payable to the order of, or specially indorsed to the other person, and has not been indorsed to the securities intermediary or in blank, the other person is treated as holding the financial asset directly rather than as having a security entitlement with respect to the financial asset. UCC 9-102 defines Account as, means a right to payment of a monetary obligation, whether or not earned by performance, ( i ) for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of, ( ii ) for services rendered or to be rendered, ( vii ) arising out of the use of a credit or charge card or information constrained on or for use with the card. UCC 8-102 defines a Security as an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of any issuer : ( i ) which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer ; ( ii ) which is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests, or obligations ; and ( iii ) which : ( A ) is, or is of a type, dealt in or traded on securities exchanges or securities markets ; or ( B ) is a medium for investment and by its terms expressly provides that it is a security governed by this Article. It defines Instruction as means a notification communicated to the issuer of an uncertificated security which directs that the transfer of the security be registered or that the security be redeemed. UCC 8-505 says, ( a ) A securities intermediary shall take action to obtain a payment or distribution made by the issuer of a financial asset. A securities intermediary satisfies the duty if : ( 1 ) the securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary ; or ( 2 ) in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to attempt to obtain the payment or distribution. ( b ) A securities intermediary is obligated to its entitlement holder for a payment or distribution made by the issuer of a financial asset if the payment or distribution is received by the securities intermediary. UCC 8-506 says, A securities intermediary shall exercise rights with respect to a financial asset if directed to do so by an entitlement holder. A securities intermediary satisfies the duty if : ( 1 ) the securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary ; or ( 2 ) in the absence of agreement, the securities intermediary either places the entitlement holder in a position to exercise the rights directly or exercises due care in accordance with reasonable commercial standards to follow the direction of the entitlement holder. UCC 8-507 says, ( a ) A securities intermediary shall comply with an entitlement order if the entitlement order is originated by the appropriate person, the securities intermediary has had reasonable opportunity to assure itself that the entitlement order is genuine and authorized, and the securities intermediary has had reasonable opportunity to comply with the entitlement order. A securities intermediary satisfies the duty if : ( 1 ) the securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary ; or ( 2 ) in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to comply with the entitlement order. ( b ) If a securities intermediary transfers a financial asset pursuant to an ineffective entitlement order, the securities intermediary shall reestablish a security entitlement in favor of the person entitled to it, and pay or credit any payments or distributions that the person did not receive as a result of the wrongful transfer. If the securities intermediary does not reestablish a security entitlement, the securities intermediary is liable to the entitlement holder for damages. UCC 8-508 says, A securities intermediary shall act at the direction of an entitlement holder to change a security entitlement into another available form of holding for which the entitlement holder is eligible, or to cause the financial asset to be transferred to a securities account of the entitlement holder with another securities intermediary. A securities intermediary satisfies the duty if : ( 1 ) the securities intermediary acts as agreed upon by the entitlement holder and the securities intermediary ; or ( 2 ) in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to follow the direction of the entitlement holder. UCC 8-401 says, ( b ) If an issuer is under a duty to register a transfer of a security, the issuer is liable to a person presenting a certificated security or an instruction for registration or to the person 's principal for loss resulting from unreasonable delay in registration or failure or refusal to register the transfer. There is clear and conclusive evidence that JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have been committing securities fraud by willfully ignoring lawful instructions and requests with respect to the stock/bond certificates obtained by me in good faith, in which I am entitled to have properly redeemed and credited to my account in which every entity listed here is obligated and has the authority to handle in accordance with the law. \n\nIn addition to the clear violations of the law, JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. are in clear breach of the Trust Indenture on file with the SEC which defines a Holder means, when used with respect to any Note, a Noteholder. Defines Note or Notes means any note or notes of any Series, Class or Tranche authenticated and delivered from time to time under this Indenture. Defines Noteholder means a Person in whose name a Note is registered in the Note Register or the bearer of any Bearer Note ( including a Global Note in bearer form ), as the case may be. Section 3.07 Payment of Interest ; Interest and Principal Rights Preserved ; Withholding Taxes says, ( a ) Unless otherwise provided with respect to such Note pursuant to Section 3.01, interest payable on any Registered Note will be paid to the Person in whose name that Note ( or one or more Predecessor Notes ) is registered at the close of business on the most recent Record Date and interest payable on any Bearer Note will be paid to the bearer of that Note ( or the applicable coupon ). Section 3.08 Persons Deemed Owners says, Title to any Bearer Note, including any coupons appertaining thereto, shall pass by delivery. The Issuing Entity, the Indenture Trustee, the Owner Trustee, the Beneficiary, Chase USA and any agent of the Issuing Entity, the Indenture Trustee, the Owner Trustee, Chase USA or the Beneficiary may treat the Person who is proved to be the owner of such Note pursuant to subsection 1.04 ( c ) as the owner of such Note for the purpose of receiving payment of principal of and ( subject to Section 3.07 ) interest on such Note and for all other purposes whatsoever, whether or not such Note be overdue, and neither the Issuing Entity, the Indenture Trustee, the Owner Trustee, the Beneficiary, Chase USA nor any agent of the Issuing Entity, the Indenture Trustee, the Owner Trustee, Chase USA or the Beneficiary will be affected by notice to the contrary. Section 6.11 Unconditional Right of Noteholders to Receive Principal states and Interest ; Limited Recourse states, Notwithstanding any other provisions in this Indenture, the Holder of any Note will have the right, which is absolute and unconditional, to receive payment of the principal of and interest on such Note on the Legal Maturity Date specified in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will not be impaired without the consent of such Holder. Section 10.01 Payment of Principal and Interest says, With respect to each Series, Class or Tranche of Notes, the Issuing Entity will duly and punctually pay the principal of and interest on such Notes in accordance with their terms and this Indenture, and will duly comply with all the other terms, agreements and conditions contained in, or made in this Indenture for the benefit of, the Notes of such Series, Class or Tranche. In these sections of the Indenture Chase USA is to be replaced with JPMorgan Chase Bank , N.A . pursuant to the merger date of these two entities which occurred XX/XX/XXXX. \n\nFederal Reserve Act section 16 part 2 states Any Federal Reserve bank may make application to the local Federal Reserve agent for such amount of the Federal Reserve notes hereinbefore provided for as it may require. Such application shall be accompanied with a tender to the local Federal Reserve agent of collateral in amount equal to the sum of the Federal Reserve notes thus applied for and issued pursuant to such application. The collateral security thus offered shall be notes, drafts, bills of exchange, or acceptances acquired under section 10A, 10B, 13, or 13A of this Act, or bills of exchange endorsed by a member bank of any Federal Reserve district 12 U.S.C 1431 Powers and duties of banks says, ( a ) Borrowing money ; Issuing bonds and debentures ; General powers- Each XXXX XXXXXXXX XXXX XXXX  shall have power, subject to rules and regulations prescribed by the Director, to borrow and give security therefor and to pay interest thereon, to issue debentures, bonds, or other obligations upon such terms and conditions as the Director may approve, and to do all the things necessary for carrying out the provisions of this chapter and all things incident thereto. Not only is it clear that JPMorgan Chase has provided me NO value, it is clear that I am the one providing ALL the value to JPMorgan. I provided my original application which is the security collateral for JPMorgan to get funding at an at par rate with the Treasury as well as the credit card receivables which I supply by use of MY credit that JPMorgan then sells for BILLIONS of dollars evidenced by the XXXX report. \n\nI am NOT gifting JPMorgan these assets. These assets generate value far greater than the debt incurred each month and due to the fact that I am the one providing the assets I retain an equitable interest in the proceeds generated pursuant to UCC 9-203. As a consumer I am protected under the Truth and Lending Act 15 U.S.C 1601 et seq. and have a right to transparency and equitable treatment in financial transactions. JPMorgan is profiting BILLIONS of dollars because of what I provide them, which is why I receive monthly stock/bond certificates that are to be credited to my account to offset the obligations I have incurred. In my attempt to properly claim the equity I am owed and my rights as a consumer JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have retaliated and conspired against my rights ( 18 U.S.C 241 ) violating principles of fair dealing and good faith under UCC 1-304 attempting to deceive and defraud me through blatant lies in regard to the nature of the securities I hold as well as steal the assets I have lawfully and legally obtained and have a right to, breaching their fiduciary duties and shutting down ALL of my accounts denying me my right to credit. The CFPB was explicitly created to protect the rights of consumers to be protected from unfair, deceptive, and abusive financial practices. These are egregious actions taken against a consumer who in good faith is asserting their rights under the law due to unjust enrichment that is validated by forensic data and the financial institutions own words.\n\n12 U.S.C 1833a Civil Penalties clearly states that ( a ) In general Whoever violates any provision of law to which this section is made applicable by subsection ( c ) shall be subject to a civil penalty in an amount assessed by the court in a civil action under this section. ( b ) Maximum amount of penalty 1 ) Generally The amount of the civil penalty shall not exceed {>= $1,000,000}. ( 2 ) Special rule for continuing violations In the case of a continuing violation, the amount of the civil penalty may exceed the amount described in paragraph ( 1 ) but may not exceed the lesser of {>= $1,000,000} per day or {>= $1,000,000}. ( 3 ) Special rule for violations creating gain or loss ( A ) If any person derives pecuniary gain from the violation, or if the violation results in pecuniary loss to a person other than the violator, the amount of the civil penalty may exceed the amounts described in paragraphs ( 1 ) and ( 2 ) but may not exceed the amount of such gain or loss. \n\nXXXX XXXX and JPMorgan Chase have been in continued violation for XXXX business days. Chase XXXX XXXX and XXXX XXXX XXXX has been in continued violation for XXXX business days. XXXX XXXX and XXXX XXXX as Indenture Trustee have been in continued violation for XXXX business days. It is evidenced above that JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have derived pecuniary gain from these violations and I am experiencing an extreme loss. The failure on the financial institutions behalf to properly comply with the law has impacted my credit report which has shown that I have an incredibly high debt to income ratio which has impacted my ability to obtain other forms of credit explicitly being denied. It has also caused me to struggle to make ends meet due to the lack of available credit on my account, causing me to be delinquent on multiple obligations. Needing to go to extreme measures such as obtaining a forensic audit which cost {$2500.00}. This has caused me extreme stress, having to continuously stay up late into the night to find ways to force proper compliance as well as work longer hours due to being denied my right to credit. Closing my account has deprived me of my right to credit leaving me with no funds for food, gas and other basic needs. Every signature I give, and every credit or security I create is intrinsically tied to the divine and natural right to provide for myself and my family. Credit fuels opportunity and opportunity is my right. \n\nIt is the duty and obligation of JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. to act in accordance with the law. It is their fiduciary duty to act in my best interest, to properly handle my securities, to allow me access to my credit, to provide me the equity that I am truly owed. The forensic audit I had done on my account which the auditor is willing to testify to in a court of law, traced my statements and the credit card receivables to CHASE XXXX XXXX XXXX XXXX XXXX  ( XXXX ) notes with the XXXX XXXX XXXX. JPMorgan confirmed this by stating that I was in possession of stock/bond certificates. This is clear and conclusive evidence that 1. I am entitled to the payment of these securities. 2. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have been committing securities fraud. 3. I am owed equity due to the value I am providing per the credit card receivables. 4. JPMorgan Chase is retaliating against me asserting these rights by closing my account. 5. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. are in breach of their fiduciary duty. 5. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have acted in bad faith. 6. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have conspired with one another to financially injure, oppress, and intimidate me from exercising my rights secured for me by the laws of the United States. 7. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. actions have constituted unjust enrichment. 8 JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have violated consumer laws. 9. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. are in violation of consumer laws. \n\nThese are conclusive violations of the law and it is clear that JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. believe that because they control access to consumers ' financial wellbeing that they can get away with acting in bad faith, abusing, deceiving, stealing and intimidating consumers when they seek to claim their rights or the equity owed to them under the law. It should be taken very seriously the extent to which they have gone to rob me of my rights and entitlements as a consumer and as the one loaning them securities that they profit billions of dollars off of. I implore the CFPB to alert the SEC of the securities fraud that has been committed by JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX","date_sent_to_company":"2025-01-03T04:23:43.000Z","issue":"Closing your account","sub_product":"General-purpose credit card or charge card","zip_code":"598XX","tags":null,"has_narrative":true,"complaint_id":"11361869","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2025-01-03T03:58:50.000Z","state":"MT","company_public_response":null,"sub_issue":"Company closed your account"},"highlight":{"complaint_what_happened":["UCC 8-507 says, ( a ) A securities intermediary shall comply with an entitlement <em>order</em> if the entitlement <em>order</em> is originated by the appropriate person, the securities intermediary has had reasonable opportunity to assure itself that the entitlement <em>order</em> is genuine and authorized, and the securities intermediary has had reasonable opportunity to comply with the entitlement <em>order</em>."]},"sort":[5.4399405,"11361869"]},{"_index":"complaint-public-v1","_id":"5653097","_score":4.8220615,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"On XX/XX/2022, I, the consumer used my XXXX XXXX XXXX ( credit card ) to complete a public, online solicitation application presented by American Express National Bank DBA American Express to conduct a consumer credit transaction in good faith with American Express National Bank for American Express Gold Card consumer credit to obtain an open end consumer credit plan but I was denied a consumer credit card and open end consumer credit plan by American Express National Bank and received an electronic adverse action letter with a Terms, Conditions, and Disclosure from American National Bank.. From that application denial, electronic adverse action and Terms, Condition, and Disclosure I did not receive any equity from that consumer credit transaction while American Express National Bank benefited from it which is not equal to me. It saddens me to be mistreated and taken advantage of by American Express National Bank because they denied my credit application. Pursuant to 15 USC 7006- The term consumer means an individual who obtains, through a transaction, products or services which are used primarily for personal, family, or household purposes, and also means the legal representative of such an individual. As the consumer I have the ability to use my ALL CAPITAL NAME or ALL CAPS NAME which is an individual pursuant to 15 USC 3002 ( 1 ) person means any individual, association, partnership, joint venture, corporation, State or political subdivision thereof, department, agency, or instrumentality of a State or political subdivision thereof, or any other organization or entity ; that is connected to my credit card ( social security number ) pursuant to 15 USC 1602 ( L ) - The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit in order to conduct commerce and trade. \n\nAs a consumer, I know pursuant to 18 USC 8- The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States , stamps and other representatives of value, of whatever denomination, issued under any Act of Congress , and canceled United States stamps. With that being said, I know I have the ability to extend credit to other persons pursuant to 12 CFR 215.3 Extension of credit : ( a ) An extension of credit is a making or renewal of any loan, a granting of a line of credit, or an extending of credit in any manner whatsoever, and includes : ( 1 ) A purchase under repurchase agreement of securities, other assets, or obligations ; ( 2 ) An advance by means of an overdraft, cash item, or otherwise ; ( 3 ) Issuance of a standby letter of credit ( or other similar arrangement regardless of name or description ) or an ineligible acceptance, as those terms are defined in 208.24 of this chapter ; ( 4 ) An acquisition by discount, purchase, exchange, or otherwise of any note, draft, bill of exchange, or other evidence of indebtedness upon which an insider may be liable as maker, drawer, endorser, guarantor, or surety ; ( 5 ) An increase of an existing indebtedness, but not if the additional funds are advanced by the bank for its own protection for : ( i ) Accrued interest ; or ( ii ) Taxes, insurance, or other expenses incidental to the existing indebtedness ; ( 6 ) An advance of unearned salary or other unearned compensation for a period in excess of 30 days ; and ( 7 ) Any other similar transaction as a result of which a person becomes obligated to pay money ( or its equivalent ) to a bank, whether the obligation arises directly or indirectly, or because of an endorsement on an obligation or otherwise, or by any means whatsoever. Any alleged debt or obligation of a debt arising from an extension of credit is the obligation of the United States and not I, the consumer. \n\nThe letter from American Express Customer Care is an adverse action letter pursuant to 15 USC 1681a ( k ) ( 1 ) - The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 1681b ( a ) ( 3 ) ( D ) of this title ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 1681b ( a ) ( 3 ) ( F ) ( ii ) of this title ; and ( II ) adverse to the interests of the consumer. A CONSUMER CAN ONLY RECEIVE AN ADVERSE ACTION IN CONNECTION WITH THE DENIAL OF INSURANCE OR EMPLOYMENT AND I DID NOT APPLY FOR INSURANCE OR EMPLOYMENT ; I COMPLETED AN APPLICATION FOR A CONSUMER CREDIT TRANSACTION AND WAS DENIED BY American Express National Bank. I in good faith exercised the rights under title 15 pursuant to 15 USC 1691- ( a ) Activities constituting discrimination : It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction ( 1 ) on the basis of race, color, religion, national origin, sex or marital status, or age ( provided the applicant has the capacity to contract ) ; ( 2 ) because all or part of the applicants income derives from any public assistance program ; or ( XXXX ) because the applicant has in good faith exercised any right under this chapter. \n\nThe adverse action sent by American Express Customer Care directed towards me also said, Were writing to let you know we can not approve your application at this time because American Express cancelled your previous account ( s ). American Express Customer Care just admitted that American Express canceled my previous account ( s ) while the creditor is American Express National Bank. American Express and American Express National Bank punish me by closing an account which by 18 USC 894 Collection of extensions of credit by extortionate means- ( a ) Whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means ( 1 ) to collect or attempt to collect any extension of credit, or ( 2 ) to punish any person for the nonrepayment thereof, shall be fined under this title or imprisoned not more than 20 years, or both. An account is a written list of transactions, noting MONEY owed and money paid ; a detailed statement of mutual demands arising out of a contract or a fiduciary relationship. An account can simply list payments, losses, sales, debits, credits, and other monetary transactions, or it may go further and show a balance or the results of comparing opposite transactions, like purchases and sales. Businesspersons keep accounts ; attorneys may keep escrow accounts ; and executors must keep accounts that record transaction in administering. I NEVER gave American Express or American Express National Bank the written or verbal authorization to close any previous accounts with American Express or American Express National Bank. Pursuant to 15 USC 1602 ( p ) - The term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. The closing of the said account ( s ) that American Express closed did not benefit me in anyway nor was I compensated from American Express and American Express National Bank by sharing, referring, or selling my personal information for profit. I am the natural person who cosigned for the accounts. According to 16 CFR 444.1 ( k ), Cosigner. A natural person who renders himself or herself liable for the obligation of another person without compensation. The term shall include any person whose signature is requested as a condition to granting credit to another person, or as a condition for forbearance on collection of another person 's obligation that is in default. The term shall not include a spouse whose signature is required on a credit obligation to perfect a security interest pursuant to State law. A person who does not receive goods, services, or money in return for a credit obligation does not receive compensation within the meaning of this definition. A person is a cosigner within the meaning of this definition whether or not he or she is designated as such on a credit obligation. I would conditionally accept all charges of any alleged debt or obligation if American Express or American Express National bank can provide a contract with two signatures that I and American Express or American Express National Bank signed together. Most likely, American Express or American Express National Bank sold or wrote of the alleged debt and did not file taxes. Maybe a forensic audit may help American Express find out what they did with the account and account balance. The Application and Credit Card Agreement that American Express or American Express National Bank require each card member to forcibly sign pursuant to 48 CFR 16.702- Basic agreements ( a ) Description. A basic agreement is a written instrument of understanding, negotiated between an agency or contracting activity and a contractor, that ( 1 ) contains contract clauses applying to future contracts between the parties during its term and ( 2 ) contemplates separate future contracts that will incorporate by reference or attachment the required and applicable clauses agreed upon in the basic agreement. A basic agreement is not a contract. ( b ) Application. A basic agreement should be used when a substantial number of separate contracts may be awarded to a contractor during a particular period and significant recurring negotiating problems have been experienced with the contractor. Basic agreements may be used with negotiated fixed-price or cost-reimbursement contracts. ( 1 ) Basic agreements shall contain ( i ) clauses required for negotiated contracts by statute, executive order, and this regulation and ( ii ) other clauses prescribed in this regulation or agency acquisition regulations that the parties agree to include in each contract as applicable. The agreements that are signed are not real contracts ; they are instruments intended to use for monetary gain for American Express and American Express National Bank. In addition to 15 USC 6802 : Obligations with respect to disclosures of personal information- ( a ) Notice requirements -Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title, I already requested American Express , American Express Credit Department and American Express National Bank to respect the disclosure of my personal information pursuant to this code and still they are reporting, sharing, and revealing nonpublic personal information within the adverse action letter. \n\nFollowing the adverse action, I examined the Terms, Conditions & Disclosure that American Express supply to its applicants and cardmembers and I noticed that it did not provide me an electronic notice of right to rescind a transaction in the agreement or the Terms, Conditions, and Disclosure which proof American Express national Bank violated the E-Sign Act. According to 12 CFR 1026.23 ( b ) ( 1 ) Notice of right to rescind. In a transaction subject to rescission, a creditor shall deliver two copies of the notice of the right to rescind to each consumer entitled to rescind ( one copy to each if the notice is delivered in electronic form in accordance with the consumer consent and other applicable provisions of the E-Sign Act ). The notice shall be on a separate document that identifies the transaction and shall clearly and conspicuously disclose the following : ( i ) The retention or acquisition of a security interest in the consumer 's principal dwelling. ( ii ) The consumer 's right to rescind the transaction. ( iii ) How to exercise the right to rescind, with a form for that purpose, designating the address of the creditor 's place of business. ( iv ) The effects of rescission, as described in paragraph ( d ) of this section. ( v ) The date the rescission period expires. I also noticed that American Express or American Express National Bank did not clearly and conspicuously explain to me directly on how they came up with the annual percentage rate that they put in the Terms, Conditions & Disclosure which they are required to by 15 USC 1632 ( a ) - Information clearly and conspicuously disclosed.\n\nI believe American Express National Bank forgot what their powers and duties of banks is. Pursuant to 12 USC 1431- Powers and Duties of banks : ( a ) Borrowing money ; issuing bonds and debentures ; general powers Each Federal Home Loan Bank shall have power, subject to rules and regulations prescribed by the Director, to borrow and give security therefor and to pay interest thereon, to issue debentures, bonds, or other obligations upon such terms and conditions as the Director may approve, and to do all things necessary for carrying out the provisions of this chapter and all things incident thereto. My extension of credit to American Express National Bank was a loan to them to give security. As stated in the adverse action, the creditor is American Express National Bank and pursuant to 18 USC 656 -- Theft, embezzlement, or misapplication by bank officer or employee Whoever, being an officer, director, agent or employee of, or connected in any capacity with any Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25 ( a ) [ 1 ] of the Federal Reserve Act, or a receiver of a national bank, insured bank, branch, agency, or organization or any agent or employee of the receiver, or a Federal Reserve Agent, or an agent or employee of a Federal Reserve Agent or of the Board of Governors of the Federal Reserve System, embezzles, abstracts, purloins or willfully misapplies any of the moneys, funds or credits of such bank, branch, agency, or organization or holding company or any moneys, funds, assets or securities intrusted to the custody or care of such bank, branch, agency, or organization, or holding company or to the custody or care of any such agent, officer, director, employee or receiver, shall be fined not more than { >= {>= $1,000,000} } or imprisoned not more than 30 years, or both ; but if the amount embezzled, abstracted, purloined or misapplied does not exceed { {$1000.00} }, he shall be fined under this title or imprisoned not more than one year, or both. As used in this section, the term national bank is synonymous with national banking association ; member bank means and includes any national bank, state bank, or bank and trust company which has become a member of one of the Federal Reserve banks ; insured bank includes any bank, banking association, trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation ; and the term branch or agency of a foreign bank means a branch or agency described in section 20 ( 9 ) of this title. For purposes of this section, the term depository institution holding company has the meaning given such term in section 3 of the Federal Deposit Insurance Act. It appears that American Express and American Express National Bank are breaking CFR, USC codes and laws which mean they are criminally and civilly liable and should be held accountable for their actions because this appears to be an elaborated scheme to convey false or misleading information to deter natural persons and consumers from extending and receiving extensions of credit to conduct consumer credit transactions with their open end consumer credit plan.","date_sent_to_company":"2022-06-16T20:50:42.000Z","issue":"Getting a credit card","sub_product":"General-purpose credit card or charge card","zip_code":"629XX","tags":null,"has_narrative":true,"complaint_id":"5653097","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AMERICAN EXPRESS COMPANY","date_received":"2022-06-10T02:30:47.000Z","state":"IL","company_public_response":null,"sub_issue":"Application denied"},"highlight":{"complaint_what_happened":["Maybe a forensic <em>audit</em> may help American Express <em>find</em> out what they did with the account and account balance. The Application and Credit Card Agreement that American Express or American Express National Bank <em>require</em> each card member to forcibly sign pursuant to 48 CFR 16.702- Basic agreements ( a ) Description."]},"sort":[4.8220615,"5653097"]},{"_index":"complaint-public-v1","_id":"5718929","_score":4.8000793,"_source":{"product":"Checking or savings account","complaint_what_happened":"To Whom it may concern : The following is my complaint, as part of an affidavit, against Bank of America for racially discrimination, unfair, deceptive, abusive acts and practices, and breach of fiduciary duty, breach of trust, against me unreasonably, while depriving me of my rights, when the fiduciary agents have led me to believe that they would be working in the best interests of myself and my property and continued to perpetuate that belief in me when in reality more sinister actions were being conducted without my knowledge. Attached is either a zip file containing 118 exhibit files or the maximum allotted files by this website to support the claims made herein ; to support the fact that other consumers are engaging in their rights unobstructed ; to support the fact that both the fiduciary agents and the fiduciary institution have been placed on a lawful fiduciary notice ; to support the fact that I have recorded evidence that I was intentionally lied to, misled, and deprived of my rights as a consumer. \n\nPlease examine the complaint and the attached evidence, and if you are not the correct agency that I need to file my complaint with, I implore you to forward this complaint and the accompanying exhibits to the correct agency and provide documentation that, either you are the correct agency and you will be looking into the matter or that you are not the correct agency and that you have forwarded the complaint to the correct agency on my behalf. \n\nXXXX. That on XX/XX/XXXX, I went into the Bank of America branch located on XXXX XXXX XXXX, XXXX, Texas, XXXX, which is known as the XXXX XXXX XXXX XXXX. Having been greeted by XXXX XXXX, Assistant Vice President, she led me to the office of XXXX XXXX XXXX, Relationship Manager and Business Owner Specialist, because I wanted to open a new deposit account with the bank, despite the banks previous history of XXXX XXXX  against me. I have recorded the two interactions between me and the agents, on this day, in two recordings, because I was forced to leave and return with a current utility bill to open the account even after I had already provided to the agent the two required forms of identification ( where the law only permits two forms of identification not three forms of identification ), where one recording is one hour and seventeen minutes and fifty-nine seconds and the second recording is just fifty-eight minutes and twenty-nine seconds. The horrendous encounter does not entail me giving XXXX XXXX permission to use my private identifying information to run a background check on me in order for the account to be established nor is it specified ( disclosed ) to me that my social security information would be used solely to determine my eligibility in opening an account. What can be heard is me giving XXXX XXXX my permission ( consent ) to use my social security number solely for the purposes of applying for credit. That is the purpose that XXXX XXXX made me believe he was running my social security number for. It is at the end of the transaction, when I was about to live the XXXX XXXX XXXX XXXX and questioned about the credit application, where I discovered that XXXX XXXX had not even submitted a credit application. I only found out on XX/XX/XXXX from an adverse action Declination Letter sent to me by Bank of America and XXXX XXXX, that my credit was ran by XXXX XXXX for the purposes of opening the account. It was never disclosed to me nor did I receive any disclosure notices that my credit would be ran for any other purposes than what I specified. And not only was my credit ran without my permission in a transaction that I didnt receive notification or disclosure on, but based on what was produced in the credit report, I was illegally denied services based on the credit report generated, which still baffles me because I left the XXXX XXXX XXXX XXXX with documentation and evidence that I had an active, existing account and I also received in the mail from Bank of America a debit card for the account prior to my receipt of the letter of adverse action Declination Letter. \na. During the encounters with XXXX XXXX, he was extremely unprofessional and rude with me and genuinely seemed as though he did not even want me to be in his presence. This became even more apparent when I began asking him ( as on his door is posted signage that alludes that he is a loan officer and can make loans as an Mortgage Loan Original ( MLO ) ) about TILA. He didnt even want to answer the questions I asked about TILA and it took me several attempts to even get the answer that I was looking for in regards to TILA from him and he seemed genuinely frustrated with me for even asking questions regarding the topic. I literally had to ask XXXX XXXX why he was getting upset with me and he tried to say that I was being XXXX with him. I honestly cant see how me asking him questions to protect my rights, protesting his abuse of my consumer rights, and being upset at being forced to disclose voluntary information would in any way, shape or form be considered as me being racially disparaging to him. In my first encounter with XXXX XXXX he asked if I was currently employed and I stated yes, because I both currently work part time at XXXX XXXX and have just started a financial company in the hopes of improving my current life. It appears that XXXX XXXX has purposefully lied and placed application and/or my account that I am unemployed, a fact I found out on XX/XX/XXXX from another loan officer in my attempt to apply for a loan. Near the end of the transaction, XXXX XXXX literally left me in his office alone after providing some of the required disclosures ( not all disclosures as is required by law and especially not the Texas Department of Savings and Mortgage Lending disclosures which may or may not govern him as a loan officer ) as he went out and played around on the phone directly outside his office with XXXX XXXX. \n\n13. That on XX/XX/XXXX, XXXX XXXX, Assistant Vice President, Financial Solutions Advisor, and XXXX XXXX, title unknown to me but stated by him to be the same position as XXXX so most likely Assistant Vice President, did receive from me an original signed and endorsed with notary signature copy b of the 1099-A along with the original copy of copy a that too was signed and endorsed with notary signature of 1099-A. These two also received a signed original copy of copy A for the form 1099-OID, a copy of the form 56-F, as well as a copy of the receipt showing that I had mailed the same foregoing instruments to XXXX XXXX XXXX the CEO of Bank of America. This occurred after I had went into the XXXX XXXX XXXX XXXX on that day in attempt to acquire and sign four loan instruments and was completely denied the opportunity to do so by both of these men. In fact, XXXX XXXX did indeed take the 1099-A, 1099-OID, 1040V, Form 56-F, and receipts from me and proceeded to lead me on with his false statements as if he had intended to act in my best interests, all the while misleading me with his sugar coated venom in order to have me leave the financial institution with no idea of the true machinations that were about to take place behind the scene. XXXX XXXX against me to deprive me of my right to physically sign the four loan agreements in violation of the Electronic Signature in Global and National Commerce Act is one thing, but leading me on to believe that you had been made aware of and accepted fiduciary responsibility in the transaction that has already been reported to the Department of the Treasury Internal Revenue Service in the amount of {>= $1,000,000} is another breach of fiduciary responsibilities and a unscrupulous/perfidious breach of the trust that I had placed in XXXX XXXX that sickens me to no end. A trust he continued to nonchalantly violate even as the next time I physically interacted with the man rolled by. XXXX XXXX was exceptionally rude and condescending to me throughout the entire encounter and made several blatant lies in attempt to make me believe that Bank of America first required me to consent to electronic communications and would not be able to allow me to apply in person for a loan application without first being pre-approved online. I know full well that pursuant to the E-Sign Act that a consumer has every right to refuse to do an application electronically and that if the consumer requests to physically sign a loan application the bank is required to provide a hard copy application to the consumer so that he may fill out the application and inspect the application to his liking. This is not the first time that I have been denied my ability to enforce/enjoy my basic consumer rights by Bank of America and its agents. \n\n14. That on XX/XX/XXXX, Bank of America Fraud Department agents placed a complete account restriction against me while I was on the phone with them detailing to them the transaction in question. The agent did inform me that I needed to go into the bank the following day in order for me to verify my identity but never disclosed to me that he placed a account restriction and the purpose of me having to go into the bank was due to the account restriction. He led me to believe that the purpose of me having to go into a bank was because my identity had to be verified in order for the transaction that I have been attempting to make for the past week or so finally commence. It wasnt until I was at work attempting to make a small purchase of snack and drink that I discovered that my card had been blocked and my access to online accounting restricted that I found out that he had locked the account stating in his notes that he did not believe me to be the account holder. The subsequent call had me question the very notion as in order for me to even speak with a representative of Bank of America I need to verify every account detail and then log into the account through the mobile app and give them authorization via the app before the agents of Bank of America are even willing to speak to me and assist me in any matter that I am calling about. Having done the same thing with fraud department agent XXXX and the agent prior to him, I still find it exceptionally hard to believe that he would have a difficult time believing that I am the account holder in any reason, way, shape or form. It took me having to go into a financial center to lift the restriction and even then I was unable to process the transaction that I have been attempting to make. \n\n15. That on XX/XX/XXXX, XXXX XXXX, title unknown to me as she claimed to not have a business card available to give to me but probably Relationship Manager, being rude and extremely unprofessional and laughing at me alongside many of her cohorts listed herein, when I came into the XXXX XXXX XXXX XXXX to provide the demanded identifying document and my debit card to lift the unfair restrictions placed against me, attempted several times to get me to either leave the financial institution without the assistance I was told I should ask for or not even do the task that XXXX XXXX and XXXX XXXX assigned to her. \n\n16. That on XX/XX/XXXX and the days after, Bank of America completely restricted and completely closed my account without giving me prior notice or warning, citing that notice was given in the contract ( a unilateral contract that I do not have a copy of anyone signing and where my own signature is missing ). On that day I had made several attempts to call into Bank of America and on the first couple of attempts I discovered that when putting in account information such as the last four digits of my private Social Security Account Number or the last four digits of my debit card, I would automatically be routed to an automated voice recording informing me that the bank was closed and would not be reopen until Monday-Friday between the hours of XXXX XXXX thru XXXX XXXX Eastern Time. However, if I leave out my information and press random prompts I am able to be routed to an agent and that is how I discovered that Bank of America, without having disclosed to me the reason as to why my account is being closed or for what reason for the closure, declared that for undisclosed of risks Bank of America was enacting its rights to closed the account for any reason without having to provide notice and would mail to me the reason as well as inform me of how I will be able to obtain my money after they have conducted their investigation and have closed the account. \na. Mind you, since this account closure process commenced a literal week after I went into the XXXX XXXX XXXX XXXX and physically hand delivered Department of the Treasury Internal Revenue Service Form 56-F Notice Concerning Fiduciary Relationship of Financial Institution that has the OMB Control Number of XXXX to Assistant Vice President XXXX XXXX and had the form mailed using the delivery service provider XXXX to both the Bank of America Headquarters/CEO XXXX XXXX XXXX XXXX with the tracking number XXXX, and the Department of the Treasury Internal Revenue Service , with tracking number XXXX XXXX it is clear evidence that Bank of America and it agents , including the CEO, is in direct breach of trust, is maliciously violating/breaching its fiduciary responsibilities of me and my estate, has deliberately and perfidiously under unscrupulous means, caused the closure of my account without benefit to me the beneficiary nor benefit to my estate, causing actual damages where damages are : i. XXXX XXXX  XXXX. XXXX XXXX XXXX. XXXX XXXX iv. Deprivation of Rights v. Negligence vi. Misconduct vii. Actual damages, statutory damages, and all other such relief as per statutes viii. Where actual damages include : ix. Any funds remaining in the checking account at the time of fiduciary breach ; around {$900.00} x. {$500000.00} line of credit with Bank of America xi. {>= $1,000,000} ( interest included ) in four loans, personal, auto, home, business, with Bank of America that has already been filed and accepted by the Department of the Treasury- Internal Revenue Service via online filing of 1099-A xii. Where Bank of America has wholly or in part made a decision to deny me services based on a consumer report that may or may not have been provided by Consumer Reporting Agency, which is a direct and willful violation of the Fair Credit Reporting Act ( FCRA ) and the Truth In Lending Act ( TILA ) xiii. All of these have occurred against an American National entitled to Full Faith and Credit b. Where I can legally and lawfully seek relief in equity, relief in common law, relief in maritime jurisdiction, and relief in admiralty jurisdiction via i. A Class Action under Federal Rules of Civil Procedure Rule 23 ( Jury Demand ) ii. Award compensatory damages ( jointly and severally as well as severally ) iii. Award punitive damages ( jointly and severally as well as severally ) iv. Award treble damages ( jointly and severally as well as severally ) in courts of Article 1 where common law and equity jurisdictions apply v. Award treble damages ( jointly and severally as well as severally ) in courts of Article 3 where admiralty and maritime jurisdictions apply in equity or by law vi. Pre-judgment and post-judgment interest on monetary relief vii. The costs of bringing the suit, including reasonable attorneys fees, and viii. All other relief to which Plaintiff ( jointly and/or severally ) may be entitled to by law or in equity c. Where I have recorded audio of every encounter with as many agents of Bank of America thus far, I have the receipts for proof of mailing, I have certified copies from the Library of Congress to substantiate any other claim I may make, I have certificates of authentication to prove my Nationality and Identity sworn to and subscribed by the Secretary for the Department of State for the United States of America and his Officer of Authentications 17. That Bank of America and its agents XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, including agents XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX have engaged in direct willful violations of United States Codes pursuant to the Gramm-Leach-Bliley Act ( GBLA ) ( 15 U.S.C. 6801 et seq. ) ; the Real Estate Settlement Procedures Act ( RESPA ) ( 12 U.S.C. 26012617 ) ; the Truth-in-Lending Act ( TILA ) ( 15 U.S.C. 1601 et seq. ) ; the Equal Credit Opportunity Act ( ECOA ) ( 15 U.S.C. 1691 et seq. ) ; the Fair Credit Reporting Act ( FCRA ) ( 15 U.S.C. 1681 et seq. ) ; the Fair and Accurate Credit Transactions Act ( FACT Act ) ( also 15 U.S.C. 1681 et seq. ) ; the Electronic Signature in Global and National Commerce Act ( E-Sign Act ) ( 15 U.S.C. 7001 et seq. ) ; the Economic Growth, Regulatory Relief and Consumer Protection Act ( S. 2155 ) ; the Privacy Act of 1974 ( 5 U.S.C. 552a ) ; the Unfair, Deceptive, Abusive Acts or Practices Act of the Dodd-Frank Act ( UDAAP ) ( 12 U.S.C. 5531 ) ; Generally Accepted Accounting Principles ( GAAP ) ; Generally Accepted Auditing Standards ( GAAS ) ; 42 U.S.C. 1981 ; Tex. Fin. Code. Ann 156.303 ; Tex. Bus. & Com. Code Ann. 17.41 17.63, Government Accounting Standards Board ( GASP ) Regulations ; Financial Accounting Standards Board ( FASB ) Regulations 18. That Bank of America has a recorded history of practicing racially biased, racially discriminatory behavior/policies/procedures against me and my estate, culminating in a settlement that I recently received from the bank after years of battle with the bank. The settlement between me and the bank also includes another 512 injured individuals that have faced the XXXX XXXX  banking practices of Bank of America in not only the State of Texas, but throughout the entirety of the United States of America in each and every state of America. I have the two settlement agreements and on numerous occasions of speaking with Bank of Americas representative made mention that I have a settlement with Bank of America in the hopes of preventing/circumventing all such practices and behaviors that are currently taking place against me right now. \n\n19. That I have never signed nor received a copy of any signed document that I have agreed to the diminishing, removing, waiving, obstruction, deprivation, destruction, of my or my propertys rights in any way, shape or form. I have not signed away my rights and even though Bank of America may intend to fraudulently demonstrate that I have signed away my rights I would never willingly or knowingly sign away my rights. To the contrary, I always sign any document in a way that reserves my rights pursuant to Uniform Commercial Code 1-308 C.F. Texas Business and Commerce Code 1.308. It is my right and I enforce my right at every chance I get. This is to ensure that in no feasible way, it can be presumed, assumed, construed, misinterpreted, interpreted, etc., that I have will ever intentionally, unintentionally, voluntarily, involuntarily, knowingly, unknowingly, purposefully, accidentally, ever waive any right substantive or procedural in any way, shape, or form. \n\n20. That it has come to my attention that according to Title 12 of the United States Code financial institutions such as Bank of America are required to follow GAAS Regulations, FASB Regulations, GAAP Regulations, the Yellow Book, the Green Book, the Gold Book, and according to these regulations Bank of America is required to follow the guidelines and procedures found in Statement of Financing Accounting Standards ( FAS ) FAS 125 ; FAS 140 ; FAS 133 ; FAS 5 ; FAS 95 ; These established FAS guidelines would allow Bank of America to convert the 1099-A by whatever established conversion method prescribed into the currency that I have requested and have been approved for by the United States XXXX Treasury as a non-repayable loan, securitize the loan instruments so that Bank of America can follow other established procedures detailed in various Federal Reserve Bank publications detailing how to convert consumer promissory notes such as loans so the bank can net profits from at least 10-20 times the face value of the loans. However, because of the continuous discriminatory behavior that continues to persist even after settlement, the representatives of Bank of America upon my inquiry of TILA laws, have decided to deny the opportunity to even apply for a loan in violation of the E-Sign Act, and in breach of trust and in breach of fiduciary responsibilities have altogether caused further harm by closing the account and denying me asses to my own money. \n\n21. That I am aware of the fact that there are millions of other American Consumers that are able to engage in their right to report tax information on 1099-A and receive the funds/items that have been requested by the 1099-A with no issue or hinderance. Financial Institutions, Auto Dealers, Mortgage Brokers, and even Attorneys are aware of the fact and uses of the 1099-A and are allowing consumers to use their services or purchase their products with no issue. But because I have inquired of my TILA rights and have informed them of their fiduciary responsibilities Bank of America has decided with perfidy and unscrupulous indignation continued to trespass my rights and racially discriminate against me, causing the greatest harm a financial institution has ever caused me. \n\nNOTICE : It is stare decisis in such cases as XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXXXXXX XXXX XXXX ( XXXX XXXX. XXXX ) ; XXXX XXXX XXXX v. United States, XXXX XXXX XXXX, XXXX XXXX. XXXX, XXXX, XXXX XXXX XXXX ( XXXX ) ; XXXX & XXXX XXXX XXXX XXXX. v. United States, XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX ( XXXX ) Proof of an implied-in-fact contract comes not from an express agreement, however, but from conduct of the parties and The government enters into contracts with the public through contracting officers. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX )","date_sent_to_company":"2022-06-29T04:08:34.000Z","issue":"Opening an account","sub_product":"Checking account","zip_code":"75231","tags":null,"has_narrative":true,"complaint_id":"5718929","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2022-06-29T03:38:02.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Unable to open an account"},"highlight":{"complaint_what_happened":["I have recorded the two interactions between me and the agents, on this day, in two recordings, because I was forced to leave and return with a current utility <em>bill</em> to open the account even after I had already provided to the agent the two <em>required</em> forms of identification ( where the law only permits two forms of identification 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