{"took":484,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":21,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"19005234","_score":20.548695,"_source":{"product":"Student loan","complaint_what_happened":"XXXX XX/XX/year>, XXXX ( 2 days ago ) to me To Whom It May Concern, I am writing to formally dispute the servicing and calculation of my federal student loan under the Public Service Loan Forgiveness ( PSLF ) program and to request an immediate review for correction and forgiveness. \n\nI am a teacher and have remained continuously employed in qualifying public service. I have submitted my Employment Certification Forms ( ECFs ) and reinstatement documentation on an annual basis, as required under the PSLF program. Despite my compliance, my loan has been transferred among three different servicers, and during these servicing transfers, qualifying payments, employment certification, and payment counts appear to have been misapplied or omitted, resulting in a miscalculated balance. \n\nUnder 34 C.F.R. 685.219, the U.S. Department of Education and its loan servicers are required to accurately track and credit qualifying payments made while a borrower is employed full-time in public service. Servicing transfers do not relieve servicers of this obligation, nor may borrowers be penalized for record-keeping errors that occur during such transfers. \n\nI am requesting the following : A full accounting of all qualifying PSLF payments from loan origination to present Documentation showing how each Employment Certification Form was applied A detailed explanation of how my current payment count and balance were calculated Written confirmation of all servicing transfers and record reconciliation Pursuant to the Higher Education Act ( 20 U.S.C. 1082, 1087 ) and the Fair Credit Reporting Act ( 15 U.S.C. 1681 ), I am disputing the accuracy of the reported balance and payment history. If the Department or its servicers can not substantiate the accuracy of the loan through complete and accurate records, I request immediate correction, including retroactive credit of qualifying payments, balance adjustment, refund of overpayments, or administrative discharge consistent with PSLF requirements. \n\nFurther, continued collection activity on a loan subject to unresolved servicing errors may constitute arbitrary and capricious agency action under the Administrative Procedure Act ( 5 U.S.C. 706 ).\n\nPlease place my account into administrative forbearance while this dispute and PSLF review are pending. I request a written response within 30 days. \n\nThank you for your prompt attention to this matter. \n\nSincerely, XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX","date_sent_to_company":"2026-01-26T15:27:09.000Z","issue":"Dealing with your lender or servicer","sub_product":"Federal student loan servicing","zip_code":"30157","tags":null,"has_narrative":true,"complaint_id":"19005234","timely":"No","company_response":"Untimely response","submitted_via":"Web","company":"MOHELA","date_received":"2026-01-26T15:19:01.000Z","state":"GA","company_public_response":null,"sub_issue":"Received bad information about your loan"},"highlight":{"complaint_what_happened":["Despite my <em>compliance</em>, my <em>loan</em> has <em>been</em> <em>transferred</em> <em>among</em> <em>three</em> <em>different</em> servicers, and during these servicing <em>transfers</em>, qualifying payments, employment certification, and payment counts appear to have <em>been</em> misapplied or omitted, resulting in a miscalculated balance. \n\nUnder 34 C.F.R. 685.219, the U.S. Department of Education and its <em>loan</em> servicers are required to accurately track and credit qualifying payments made while a borrower is employed full-time in public service."],"product":["Student <em>loan</em>"],"sub_product":["Federal student <em>loan</em> servicing"],"sub_issue":["Received bad information about your <em>loan</em>"]},"sort":[20.548695,"19005234"]},{"_index":"complaint-public-v1","_id":"3573285","_score":15.963344,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Around XX/XX/XXXX, I found a XXXX XXXX XXXX student loan on my Experian & XXXX  credit report that does not belong to me. I disputed this inaccurate information to both credit agencies. XXXX has this inaccurate information pending and as of today, I have received a letter from XXXX, dated XX/XX/XXXX, due to additional information the investigation in regards to this student loan will be completed on or before XX/XX/XXXX. However, with Experian it has been a totally different experience. In addition to calling them, I had filed disputes with them three different times online : XX/XX/XXXX - Report # XXXX XX/XX/XXXX - Report # XXXX XX/XX/XXXX - Report # XXXX With the results for the disputes on XX/XX/XXXX & XX/XX/XXXX I was given this explanation : The information you disputed has been verified as accurate ; however, information unrelated to your dispute has been updated. Please review your report for details. \n\nWith the dispute on XX/XX/XXXX, it appears to be deleted ; however, this inaccurate information remains on my credit report. \n\n\nIn regards to XXXX  : They have been less than helpful in regards to my situation. This student loan is not listed on my account on XXXX website. This student loan cant be found in the National Student Loan Database under the Federal Student Aid web-site. There are a total of 16 federal student loans in which five were paid in full and the remaining 11 are being serviced by three different servicers. This mysterious loan does not appear in this group. Nor can this loan be found with the two private student loans on my account on XXXX website. \n\n\nI got in touch with XXXX XXXX at XXXX on Wednesday, XX/XX/XXXX. He seemed helpful at first. He even gave me his direct number. He mentioned that he had gotten access to my loans in the NSL database and verified that this mysterious loan was not among my federal student loans. He suggested that I send him a copy of this loan on my Experian credit report. His direct faxed number didnt work so I was glad I asked for his direct email address. However, even as I provided these documents via email, he claimed he could not remove the inaccurate information on my report. He said the loan was put on my credit report by XXXX XXXX XXXX. This isnt true! On Monday, XX/XX/XXXX, I called XXXX again. This time I spoke with XXXX. She claimed this account on my report was accurate. She also claimed that this student loan account was in collections with XXXX XXXX XXXX. \n\nIn regards to XXXX XXXX XXXX/XXXX XXXX XXXX : There are four defaulted federal student loans that were sent to them by either the XXXX  or XXXX. I am very aware of them because I was enrolled at XXXX College at the time. The loan in question does not provide this information. The four loans are currently in a Loan Rehabilitation Program with XXXX and my final payment to restore these loans is on XX/XX/XXXX. I spoke with two different representatives and both said that the loan with the account number beginning with # XXXX is not a loan listed on my account with them or under my social security number. The first representative also mentioned that XXXX was once called XXXX XXXX XXXX around XXXX or XXXX. The second representative, XXXX XXXX, could not recall when the name change occurred. I spoke with her on Wednesday, XX/XX/XXXX at around XXXX XXXX. She suggested I send a copy of these documents via email, which I did. This morning, I called to verify the receipt of these documents. XXXX tried to back track for a minute about the validity of this loan. However, I reminded her that I spoke with lawyers online who had responded to my question about my situation and told me what I needed to do. I also reminded her that I was in the process of filing a complaint with government agencies that specialize with unfair credit reporting practices. I also let her know that the XXXX Department of Ed received the same documents and are in the process of mailing me a fraud packet with forms for me to fill out. Why would they go through all that trouble if they thought this loan belonged to me? She then proceeded to tell me that the documents were received and were sent to their compliance department to be reviewed. XXXX also mentioned that XXXX XXXX , XXXX does not report to the credit bureaus. \n\nXXXX XXXX , XXXX & XXXX Department of Education I first called XXXX XXXX  in regards to this student loan on Monday, XX/XX/XXXX in which my calI was transferred to the XXXX Department of Ed. I spoke with a representative about my situation. She verified that she did not see that student loan listed with the student loans on my account. She suggested that I faxed over a copy of the loan in question. I was able to fax over copies on Friday, XX/XX/XXXX. I followed up with a call onTuesday, XX/XX/XXXX. I spoke with Mr. XXXX XXXX. He confirmed the receipt of this student loan. He, once again, verified my email and home address before mailing out a fraud packet. I called the following day, XX/XX/XXXX, to reconfirm if this packet had been mailed. It has and it will take at least 7 to 10 days before I receive these forms. \n\nXXXX XXXX By Monday, XX/XX/XXXX, I came across XXXX XXXX thanks to a representative at a law office in which I am a party to their class action settlement. I sent my questions and got more than the information that Ive needed. They also advised me not to call Experian anymore as they felt that more disputes with that agency will not resolve anything. They suggested that I submit my complaint to CFPB and FTC. I also faxed them a copy of the faxed document that I sent to XXXX XXXX, XXXX. The response : The more evidence that you have that YOU DO NOT OWE THIS LOAN, the better is your case against the credit bureaus. Attached are all the documents I feel are relevant to this case.","date_sent_to_company":"2020-03-19T21:52:35.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"070XX","tags":null,"has_narrative":true,"complaint_id":"3573285","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2020-03-19T21:52:32.000Z","state":"NJ","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":["In regards to XXXX  : They have <em>been</em> less than helpful in regards to my situation. This student <em>loan</em> is not listed on my account on XXXX website. This student <em>loan</em> cant be found in the National Student <em>Loan</em> Database under the Federal Student Aid web-site. There are a total of 16 federal student <em>loans</em> in which five were paid in full and the remaining 11 are being serviced by <em>three</em> <em>different</em> servicers. This mysterious <em>loan</em> does not appear in this group."]},"sort":[15.963344,"3573285"]},{"_index":"complaint-public-v1","_id":"3573234","_score":15.959087,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Around XX/XX/XXXX, I found a NYS Higher Education student loan on my XXXX & XXXX  credit report that does not belong to me. I disputed this inaccurate information to both credit agencies. XXXX  has this inaccurate information pending and as of today, I have received a letter from XXXX, dated XX/XX/XXXX, due to additional information the investigation in regards to this student loan will be completed on or before XX/XX/XXXX. However, with XXXX it has been a totally different experience. In addition to calling them, I had filed disputes with them three different times online : XX/XX/XXXX - Report # XXXX XX/XX/XXXX - Report # XXXX XX/XX/XXXX - Report # XXXX With the results for the disputes on XX/XX/XXXX & XX/XX/XXXX I was given this explanation : The information you disputed has been verified as accurate ; however, information unrelated to your dispute has been updated. Please review your report for details. \n\nWith the dispute on XX/XX/XXXX, it appears to be deleted ; however, this inaccurate information remains on my credit report. \n\n\nIn regards to HESC : They have been less than helpful in regards to my situation. This student loan is not listed on my account on XXXX website. This student loan cant be found in the National Student Loan Database under the Federal Student Aid web-site. There are a total of 16 federal student loans in which five were paid in full and the remaining 11 are being serviced by three different servicers. This mysterious loan does not appear in this group. Nor can this loan be found with the two private student loans on my account on XXXX website. \n\n\nI got in touch with XXXX XXXX at HESC on  Wednesday, XX/XX/XXXX. He seemed helpful at first. He even gave me his direct number. He mentioned that he had gotten access to my loans in the NSL database and verified that this mysterious loan was not among my federal student loans. He suggested that I send him a copy of this loan on my XXXX  credit report. His direct faxed number didnt work so I was glad I asked for his direct email address. However, even as I provided these documents via email, he claimed he could not remove the inaccurate information on my report. He said the loan was put on my credit report by XXXX XXXX XXXX. This isnt true! On Monday, XX/XX/XXXX, I called HESC again. This time I spoke with XXXX. She claimed this account on my report was accurate. She also claimed that this student loan account was in collections with XXXX XXXX XXXX. \n\nIn regards to XXXX XXXX XXXX/XXXX XXXX XXXX : There are four defaulted federal student loans that were sent to them by either the NYSHEC or XXXX. I am very aware of them because I was enrolled at XXXX College at the time. The loan in question does not provide this information. The four loans are currently in a Loan Rehabilitation Program with XXXX and my final payment to restore these loans is on XX/XX/XXXX. I spoke with two different representatives and both said that the loan with the account number beginning with # XXXX is not a loan listed on my account with them or under my social security number. The first representative also mentioned that XXXX was once called XXXX XXXX XXXX around XXXX or XXXX. The second representative, XXXX XXXX, could not recall when the name change occurred. I spoke with her on Wednesday, XX/XX/XXXX at around XXXX XXXX. She suggested I send a copy of these documents via email, which I did. This morning, I called to verify the receipt of these documents. XXXX tried to back track for a minute about the validity of this loan. However, I reminded her that I spoke with lawyers online who had responded to my question about my situation and told me what I needed to do. I also reminded her that I was in the process of filing a complaint with government agencies that specialize with unfair credit reporting practices. I also let her know that the XXXX Department of Ed received the same documents and are in the process of mailing me a fraud packet with forms for me to fill out. Why would they go through all that trouble if they thought this loan belonged to me? She then proceeded to tell me that the documents were received and were sent to their compliance department to be reviewed. XXXX also mentioned that XXXX XXXX , XXXX does not report to the credit bureaus. \n\nXXXX XXXX , XXXX & XXXX Department of Education I first called XXXX XXXX in regards to this student loan on Monday, XX/XX/XXXX in which my calI was transferred to the XXXX Department of Ed. I  spoke with a representative about my situation. She verified that she did not see that student loan listed with the student loans on my account. She suggested that I faxed over a copy of the loan in question. I was able to fax over copies on Friday, XX/XX/XXXX. I followed up with a call onTuesday, XX/XX/XXXX. I spoke with Mr. XXXX XXXX. He confirmed the receipt of this student loan. He, once again, verified my email and home address before mailing out a fraud packet. I called the following day, XX/XX/XXXX, to reconfirm if this packet had been mailed. It has and it will take at least 7 to 10 days  before I receive these forms. \n\nXXXX XXXX By Monday, XX/XX/XXXX, I came across XXXX XXXX thanks to a representative at a law office in which I am a party to their class action settlement. I sent my questions and got more than the information that Ive needed. They also advised me not to call XXXX  anymore as they felt that more disputes with that agency will not resolve anything. They suggested that I submit my complaint to CFPB and FTC. I also faxed them a copy of the faxed document that I sent to XXXX XXXX, XXXX. The response : The more evidence that you have that YOU DO NOT OWE THIS LOAN, the better is your case against the credit bureaus. Attached are all the documents I feel are relevant to this case.","date_sent_to_company":"2020-03-19T21:52:27.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"070XX","tags":null,"has_narrative":true,"complaint_id":"3573234","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION (HESC)—","date_received":"2020-03-19T21:26:32.000Z","state":"NJ","company_public_response":null,"sub_issue":"Investigation took more than 30 days"},"highlight":{"complaint_what_happened":["In regards to HESC : They have <em>been</em> less than helpful in regards to my situation. This student <em>loan</em> is not listed on my account on XXXX website. This student <em>loan</em> cant be found in the National Student <em>Loan</em> Database under the Federal Student Aid web-site. There are a total of 16 federal student <em>loans</em> in which five were paid in full and the remaining 11 are being serviced by <em>three</em> <em>different</em> servicers. This mysterious <em>loan</em> does not appear in this group."]},"sort":[15.959087,"3573234"]},{"_index":"complaint-public-v1","_id":"10585130","_score":11.069647,"_source":{"product":"Mortgage","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX ( XXXX ) XXXX ( XXXX ) XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX Newrez LLC Shellpoint Mortgage servicing XXXX XXXX XXXX XXXX, CO XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX MI XXXX Rule 3.2100 - Compliance with fictitious business name laws ( a ) Filing of declaration of compliance, A claimant who is required to file a declaration of compliance with the fictitious business name laws under Code of Civil Procedure section 116.430 must file the declaration in each case filed. \n( b ) Available methods the clerk must make the declaration of compliance available to the claimant in any one of the following ways : ( c ) The declaration of compliance may be placed on a separate form approved by the XXXX XXXX. \n( d ) The approved XXXX XXXX form may be placed on the reverse of the Plaintiff 's Statement to the Clerk or on the back of any XXXX XXXX form with only one side : or ( XXXX ) The precise language of the declaration of compliance that appears on the approved XXXX XXXX form may be incorporated into the Plaintiff 's Statement to the Clerk. Cal. R. Ct. 3.2100 Rule 3.2100 amended and renumbered effective XX/XX/XXXX ; adopted as rule XXXX effective XX/XX/XXXX ; previously amended effective XX/XX/XXXX. \nURGENT : THE CLAIMANTS CLAIM FOR DEMAND OR IN THE ALTERNATIVE THIS IS A NOTICE TO COMMENCE A LAWSUIT WE URGE YOU TO CONTACT XXXX XXXX OR XXXX XXXX. SPECIALIZED LOAN SERVICING AKA XXXX XXXX XXXX AKA XXXX XXXX XXXX NEWREZ LLC DBA SHELLPOINT MORTGAGE SERVICING, SHELLPOINT AND THE AGENT XXXX YOU ARE HEREBY PLACED ON NOTICE AND ADVICED YOU ARE GIVEN XXXX DAYS XX/XX/XXXX, TO ANSWER TO OUR DEMAND. \nSEE DOCUMENTS ATTACHED THE PUPORTED LOAN WAS PAID IN XXXX. AND THERE WAS NEVER ANY MODIFICATIONS. \nXXXX XXXX and XXXX XXXX properly mailed by certified mail and VIA email Specialized Loan Servicing AKA Newrez AKA Shellpoint, A demand for restitution on XX/XX/XXXX, but there was NO RESPONSE. Moreover, XXXX and XXXX exercised due diligence and tried to settle their claim with XXXX XXXX XXXX, and the agent XXXX which have displayed an abuse of power. The purported agent for XXXX XXXX improperly emailed a letter dated XX/XX/XXXX, which she continually and intentionally misrepresents and claim there was a QWR Request sent to XXXX dated XX/XX/XXXX, when in fact a QWR letter was not sent to SLS on that date. \nXXXX continues to misrepresent and claim XXXX XXXX XXXX responded substantially when in fact, our questions have NOT been answered. The purported agent for XXXX XXXX claim to work for the servicer claiming to have the name XXXX XXXX in which the batch of forged and fraudulent documents that she claim to have sent through the XXXX on XX/XX/XXXX, only contained a first name wherein the image of the name was blurred the letter did not contain a last name, and that certain letter XXXX created was NOT sent on XX/XX/XXXX, but was emailed through a back-door to XXXX into our network, that letter was received on XX/XX/XXXX, by email. Specialized Loan Servicing agents has never tried to call as their harassing letter claim. The agent for XXXX XXXX sent not one but two letters with the same date of XX/XX/XXXX, one of the letters was mailed and the other was emailed as stated the forged and fraudulent documents were emailed and at that point and time that certain letter contained a forwarded date as if the date was XX/XX/XXXX, when the date was XX/XX/XXXX, The first letter that she sent was a threat that stated XXXX AND IF SUCH TIME THE COURT DEEMS THIS LOAN TO BE INVALID SLS WILL CONTINUE TO SERVICE IT BY ITS CONTRACTUAL OBLIGATION TO THE INVESTOR AND APPLICABLE LAW> The threating paragraph suggest for the claimants to file a lawsuit. When in fact SLS have NOT ANSWERED TO THE QWR THE CLAIMANTS REQUEST PROOF ON HOW PAYMENTS WERE MADE BY SLS FOR INSURANCE AND TAXES AND PURPORTED MORTGAGE. PROOF OF PAYMENTS AND NOT ON A WORD DOCUMENT WITHOUT A HEADER. PROOF OF CHECKS FROM A BANK AND REQUEST FOR ALL PROOF OF PAYMENTS Furthermore, those certain letters containing the same date XX/XX/XXXX, XXXX XXXX removed that certain paragraph above from the other letter containing the same date. More likely than Not XXXX redacted and forged the Modification Agreements and forged the notes when in fact there wasnt a note in the first batch of forged and fraudulent modification documents that were mailed instead of the claimants request for a true and correct payoff statement. The claimants received another batch of the forged and redacted batch of modification documents that XXXX with a purported ID XXXX has added the fourth batch with a XXXX page letter somewhat of the same as the XX/XX/XXXX, letters and wrongfully and illegally entered and included letters that werent in the other batches of documents that was previously sent such as dated letter XX/XX/XXXX, and stated that the claimants sent again another letter on XX/XX/XXXX, the claimants did not send a letter regarding property preservation activity on XX/XX/XXXX, XXXX did NOT send a letter dated XXXX XXXX, stated the letter is in response to an inquiry forwarded to XXXX XXXX XXXX XXXX on XX/XX/XXXX, claim XXXX XXXX XXXX XXXX emailed SLS but not include the letter or any information regarding such Bank but claim the XXXX XXXX XXXX XXXX is the investor without any proof to back up their illegitimate and downright illegal claims. The claimants can not preserve a purported property THAT IS CONTAMINATED AND OWNED BY THE CITY THAT THE SERVICER IS THE VENDOR. CONFLICT OF INTEREST. \nTHIS INFORMATION WAS CONCEALED. \nFURTHERMORE, THE B/K HAS NOTHING TO DO WITH SLS OR THE CONTAMINATED PURPORTED PARCEL, PERIOD XXXX STOP. BUT XXXX XXXX BANKRUPTCY DOES SINCE HE CLAIMED NO ASSETS BUT HE LIVED IN THE BUILDING IN XXXX AND CLAIMED HE OWNED THE PRPORTED UNIT. \nXXXX XXXX and XXXX XXXX are entitled to compensation. Specialized Loan Servicing demanded payments from XXXX XXXX and XXXX XXXX that wasnt Specialized Loan Servicing were to receive and PAID as purported Mortgage payments for XXXX, years. \n\n\nXXXX XXXX by and through the purported servicer Specialized Loan Servicing AKA Newrez AKA Shellpoint agent aided and abetted in an orchestrated a planned systematic scheme with intent to corrupt and embezzle and damaged the claimants credit, and committed TAX FRAUD and gained illegal access into the Credit Bureaus XXXX XXXX XXXX, and placed the purported XXXX on XXXX XXXX XXXX XXXX as XXXX XXXX XXXX  XXXX with a date of XXXX which shows XXXX XXXX XXXX XXXX {$00000.00} achieved thXXXX illegal act and FORGED the claimants names on what purports to be two or three Modification Agreements with two different years XXXX, and XXXX, XXXX XXXX of fact agents for the purported servicer Specialize Loan Serving knew and should have known a purported borrow CAN NOT OBTAIN TWO MODIFICATIONS, and specifically when a purported borrower did not have any knowledge of the transaction and were never served with such documents until after XXXX XXXX and XXXX XXXX made a request for a payoff statement General Material Fact shows the agent that sent the papers named XXXX conjured-up fraudulent modification papers in a scheme to commit continuous payments acting under a forged deed of trust that will be rebutted and as if a loans were obtained with Specialized Loan Servicing.The Deed of Trust XXXX XXXX and fraudulent void on its face. For. an assignment, to be effective, must include manifestation to another person by the owner of his or her intention to transfer the right, without further action, to such other person or to a third person. [ Citation omitted. ] It is the substance and not the form of a transaction which determines whether an assignment was intended. For your information a Loan number can not be the same as an account number SPECIALIZED LOAN SERVICING AKA NEWREZ AKA SHELLPOINT VIOLATION XXXX VIOLATION. XXXX. XXXX. CODE XXXX  payoff statement Reflect that the template was appropriate for either VA or conventional loans. However, neither of the two payoff statements had the two words separated as SLS claim. \nThe payoff statements clearly state XXXX the papers do NOT state VA or XXXX as the agent XXXX intentionally stated. On both the improper XX/XX/XXXX, letters. However, the only loan an individual can obtain period FULL STOP ARE THE FOLLOWING : FHA or VA or USDA or CONVENTIONAL. \n\nNOT A XXXX a XXXX of XXXX. See ( RESPA ) ( XXXX XXXX. XXXX et seq. \nThe purported subdivision parcels are NOT Single-Family Residential and DISCOVERED are NOT Real Property. Specialized Loan Servicing and agents did not investigate before they demanded payments as a servicer. The SLS agent XXXX stated the purported servicer agents purportedly called the tax assessors office, WHEN? WHO KNOWS? Due to the claimants diligence and immediate investigation from the complaint SLS caused the filing the XXXX complaint against SLS. The purported agent XXXX emailed a back-dated letter dated XX/XX/XXXX, that mirrored the other letter that she mailed sent through the back-door for SLS dated with the same date that mirrored each other with the same date XX/XX/XXXX, that we received on XX/XX/XXXX, XXXX stated that they werent late in making the tax payments for the purported parcel. XXXX and XXXX attached proof of General Material Facts show delinquencies were caused by Specialized Loan Servicing that did not make timely payments for the Taxes the claimants are entitled to a refund. \nSPECIALIZED LOAN SERVICING WERE THE ONLY PARTY THAT RECEIVED THE TAX STATEMENTS. AND DID NOT HAVE PERMISSION TO RECEIVE THE TAX STATEMENTS. BUT JUST MAILED THE TAX STATEMENT DATED XX/XX/XXXX, TO THE CLAIMANTS, WHICH IS AN INCORRECT BILL. SPECIALIZED LOAN SERVICING AKA NEWREZ, AKA SHELLPOINT MUST PAY THE TAX BILL {$21000.00} SPECIFICALLY THERES OVER A XXXX XXXX DOLLARS WIRE TRANSFER FOR THE PURPORTED PARCEL WITH SPECIALIZED LOAN SERVICING NAME ON THAT CERTAIN WIRE TRANSFER. \nWE ARE PROTESTING AGAINST THOSE TAXES AND THE CLASSIFICATION OF THE PURPORTED PROPERTY. AND CLAIMS HAVE BEEN FILED AND INVESTIGATIONS ARE REPORTED AND FILED IN THIS MATTER. \nSpecialized Loan Servicing Tax papers we caused to pull and print.from SLS online website public portal indicates taxes for the purported parcel XXXX were late. And we were charged interest without our knowledge. \n\nAll the payments that were paid as purported Mortgage payments were NOT credited to the purported property. We were caused to discover the purported statements on SLS online website that we pulled and printed from the public website. The purported mortgage statements indicate the payments have a minus sign for every month. We noticed the subsections with the minus sign on the statements that we were never sent, that indicate payments were paid but not applied. transferees must have policies and procedures reasonably designed to ensure, in connection with a servicing transfer. \nXXXX XXXX XXXX  XXXX XXXX has a wire transfer for the purported Parcel XXXX in the large amount as if Specialized Loan Servicing transmitted the wire transfer for the parcel. See attached in support of the letter. \nLoan Information and Documents to be Transferred or Received. Regulation X requires XXXXXXXX XXXX to maintain policies and procedures that are reasonably designed to achieve the objectives of timely transferring all information and documents in the possession or control of the servicer relating to a transferred mortgage loan to a transferee servicer in a form and manner that : must ensure the accuracy of the information and documents transferred, and A transferee servicer must comply with the terms of the transferee servicers obligations to the owner or assignee of the mortgage loan and applicable XXXX Use of a uniform data standard like the XXXX XXXX XXXX XXXX XXXX XXXX ( MISMO ) XXXX CFR XXXX ( c ) ( XXXX ) ( i-v ). XXXX XXXX CFR XXXX ( c ) ( XXXX ). XXXX XXXX CFR XXXX ( b ) ( XXXX ) ( i ). \nThe taxes state as follows : LENDER Specialized Loan Servicing XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX WHAT PURPORTS TO BE TWO DIFFERENT ENTITIES SPECIALIZED LOAN SERVICING AND XXXX XXXX XXXX. THEORY THE CITY CONJURED-UP TAXES FOR THE SAME YEAR XXXX. AND ILLEGALLY FORGED THE CLAIMANTS NAMES ON THE TAXES. \nTo date the claimants received another back-dated letter of what purports to be dated XX/XX/XXXX, received on XX/XX/XXXX, herein are the claimants response and again responding to the harassing letters that contain the same inaccurate demand for money of which we DO NOT OWE and which you must prove the purported debt of which you have NOT and can not be proven because the claimants XXXX XXXX XXXX XXXX XXXX XXXX not owe any money to Specialized Loan XXXX XXXX XXXX XXXX XXXX XXXX XXXX holdings XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Newrez LLC XXXX Newrez XXXX Shellpoint Mortgage Servicing, or Shellpoint. \nFurthermore, XXXX XXXX XXXX XXXX Newrez XXXX Shellpoint Mortgage Servicing, AKA SHELLPOINT. Theres no mention of XXXX XXXX or XXXX XXXX XXXX in any of the letters that are all back-dated without any date-stamps. \nSpecialized LOAN Servicing AKA Newrez AKA Shellpoint is and was required to obtain a license with XXXX before the purported date of XX/XX/XXXX, of the apparent recorded FORGED assignment. The document barring XXXX XXXX and XXXX XXXX names that XXXX with intent to commit FRAUD that she placed on the document by FORGERY. That states XXXX # XXXX shows INACTIVE. \nXXXX XXXX XXXX misled XXXX and XXXX the servicer violations of applicable laws and regulations have a material effect on XXXX XXXX For whole loans acquired on or after XX/XX/XXXX, and for loans delivered into XXXX with pool issue dates on and after XX/XX/XXXX. XXXX XXXX XXXXonsiders the following to be significant defects and may require a repurchase for a breach of the seller Aka the city of XXXX XXXX AKA XXXX XXXX XXXX XXXX XXXX and warranty regarding compliance with laws when : servicers failure to comply could be expected to either impair XXXX XXXX XXXX its servicers inability to enforce any such forged notes or liability on XXXX XXXX  XXXX A reviewing COURT shall hold unlawful practices to be arbitrary, capricious an abuse of discretion a loan to be in violation, or has made a finding based on the facts available to it that a violation occurred. The violation involve : laws administered, or regulations implemented by the XXXXt XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) ; the Fair Housing Act or related regulations ; the anti-discrimination provisions of the Equal Credit Opportunity Act or related regulations ; federal or state prohibitions on unfair, deceptive, or abusive acts or practices ( UDAAP ) ; or the XXXX  XXXX XXXX of XXXX or regulations thereunder. \nIn addition, the claimants noticed SLS was not the entity that recorded the assignment but was apparently VISIONET AN OUT OF STATE ENTITY VIOLATION SECTION XXXX - SUBSTITUTION OF TRUSTEE UNDER TRUST DEED : Specialized Loan Servicing and agent for the purported servicer Violation B ) None of the XXXX is a licensed real estate broker or an affiliate of the broker that is the issuer or servicer of the obligation secured by the purported deed of trust. The servicer purports to be Specialized Loan Serving AKA Newrez DBA Shellpoint Mortgage Servicing, AKA SHELLPOINT are affiliates of the issuer and the issuer of the purported assignment is the city of  XXXX and Shellpoint Mortgage Servicing is the Vendor for the city of XXXX and not XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  as XXXX claim in their XXXX XX/XX/XXXX, letters which XXXX of the letters were sent through their back-door not adhering to the requirements of the XXXX XXXX XXXX XXXX XXXX CFPB ) XXXX XXXX FACT PROVES A CONFLICT OF INTEREST. \n\nSpecialized Loan Servicing and agents individually benefited for XXXX  years from paid payments that were paid that werent theirs to receive that were paid as purported Mortgage payments to SLS and were acting as XXXX XXXX XXXX XXXX XXXX The Agents and others acted in a systematic scheme to deceive with intent to defraud. SLS, agents presently conjured-up documents and FORGED XXXX XXXX and XXXX XXXX XXXX XXXX what apparently are Modification Agreements that are several packets such as the following : XX/XX/XXXX, XXXX am ( LM ) XXXX XXXX XXXX. XXXX XXXX by XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX by XXXX XXXX XXXX XXXX XXXX pages and at the top of the page states XXXX pages. The claimants visited the Title company XXXX at the title company confirmed XXXX XXXX and XXXX XXXX DID NOT SIGN the modification paper. \nXXXX  XXXX [ XXXX id ] XXXX ( A ) Security Instrument means this document, which is dated XX/XX/XXXX, together with all Riders to this document ( B ) is XXXX XXXX XXXX AN UNMARRIED WON=MAN AND XXXX XXXX, XXXX XXXX WOMAN AS JOINT TENANTS. \nXXXX  Single Family- XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Page XXXX XXXX VMP XXXX ( CA ) ( XXXX ) ______CHL ( XX/XX/XXXX XXXX Doc # XXXX This illegal Act indicates more wrongful documents were added which were not numbered. Such as the Forged acknowledgment which will be VOID.. SLS and agents claim XXXX XXXX XXXX was the lender organized under the laws of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and claim XXXX is a Mortgage Electronic XXXX XXXX XXXX acting XXXX XXXX XXXX XXXX for Lender and lender successors and assigns XXXX as beneficiary under this Security Instrument XXXX and that XXXX IS organized and existing under the laws of XXXX  and states the address XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and claim a NOTE was signed by Borrower dated XX/XX/XXXX, and claim XXXX borrower owes Lender {$250000.00} plus interest and claim a promise to pay was purportedly made. \nFirst of all, the building has XXXX purported parcels and not XXXX units, a servicer can not service a building with XXXX purported units. \nSecond XXXX XXXX last name is NOT CONE, and the names were forged which is why it took SLS agents months in order to send a response which it was no response at all. The agent for SLS wrote a letter needing more time to conjured-up forged modifications agreements with a FORGED NOT. \n\n\nThE FOLLOWING ARE CONTINUED VIOLATION SPECIALIZED LOAN SERVICING : ThE Assignment was never mailed before the request for a payoff statement. \nThe assignment is apparently dated XX/XX/XXXX XXXX. SERVICING OF MORTGAGE LOANS AND ADMINISTRATION OF ESCROW ACCOUNTS : ( A ) make appropriate corrections in the account of the borrower, including the crediting of any late charges or penalties, and transmit to the borrower a written notification of such correction ( which shall include the name and telephone number of a representative of the servicer who can provide assistance to the borrower ). \n( i ) HEREIN DIRECT FACT SPECIALIZED LOAN SERVICING WERE REQUIRED TO CONDUCT AN INVESTIGATION, AND WERE TO PROVIDE The BORROWER With A WRITTEN EXPLANATION OR CLARIFICATION THAT DOESNT REQUIRE AN AFFIDAVIT. \n( ii ) to the extent applicable, a statement of the reasons for which the servicer believes the account of the borrower is correct as determined by the servicer. \n( iii ) the name and telephone number of an individual employed by, or the office or department of, the servicer who can provide assistance to the borrower ( C ) SPECIALIZED LOAN SERVICING AND AGENTS ARE AND WERE REQUIRED after conducting an investigation, provide the borrower with a written explanation or clarification that includes. ( i ) information requested by the borrower or an explanation of why the information requested is unavailable or can not be obtained by the servicer; and ( ii ) the name and telephone number of an individual employed by, or the office or department of, the servicer who can provide assistance to the borrower. ( XXXX ) SPECIALIZED LOAN SERVICING AND AGENTS AND MUST Protect the claimants credit rating. ( XXXX ) Limited extension of response time ( f ) Damages and costs Whoever fails to comply with any provision of this section shall be liable to the borrower for each such failure in the following amounts : ( XXXX ) Individuals In the case of any action by an individual, an amount equal to the sum of {$2000.00} per violation. ( A ) any actual damage to the borrower as a result of the failure; and ( B ) any additional damages, as the court may allow, in the case of a pattern or practice of noncompliance with the requirements of this section, in an amount not to exceed {$2000.00}. \n( A ) DISCLOSURE TO APPLICANT RELATING TO ASSIGNMENT, SALE, OR TRANSFER OF LOAN SERVICING ( b ) Notice by transferor of loan servicing at time of transfer ( XXXX ) Notice requirement ( XXXX ) Time of notice ( A ) In general ( B ) Exception for certain proceedings. The notice required under paragraph ( XXXX ) shall be made to the borrower not more than XXXX  days after the effective date of assignment, sale, or transfer of the servicing of the mortgage loan. \nCounterfeit documents and two notes, which were Forged, after the purported servicers agents seeing that XXXX and XXXX filed a complaint with CFPB on XX/XX/XXXX, complaint stated Specialized Loan Servicing agent XXXX did not have a note with the forged deed of trust with the first packet of forged modification Agreement. \nSpecialized Loan Servicing agent XXXX emailed a second batch of FORGED modification agreements through a back door terminal acting as if she answered the claimants complaint with the CFPB which was a different batch of forged Modification Agreements than the first batch that was mailed in the first instance. \nThe second forged batch of Modification Agreements Specialized Loan Servicing agent XXXX but this time she included a FORGED NOTE instead of the claimants request for a true and correct payoff statement in the first instant. The payoff statement contains incorrect and misleading and conflicted information that confusing such as XXXX LOAN which as anyone know theres NO LOAN THAT CONTAINS A XXXX  LOAN XXXX THE SAME TIME. The paper contains an incorrect amount {$250000.00}. And incorrect origination date which should be no origination date because the transaction was a SHAM TRANSACTION. \nIf Specialized would have investigated before as required they would know the claimants exercised due diligence and discovered the mortgage papers XXXX signed on XX/XX/XXXX, never were recorded by the purported seller as he stated to the claimants which they detrimentally relied on the fraudulent reliance, and he gave no reason for the claimants not to rely on the fraudulent reliance that he would be the only individual to record the mortgage papers being he was the president of the purported HOA. The claimants exercised due diligence and discovered there was never an HOA, of which they were also, demanded to pay. \nThe purported amount on the erroneous payoff statement is more than the purported unit was ever even worth in a blighted area, with only two bedrooms that consist of a small XXXX sq. ft without any of the required amenities. There is no facility or pool, no basketball area, no volleyball area, no SPA. THE XXXX ILLEGALLY CONTAMINATED WITH A CESSPOOL AND ARE UNINSURED WITHOUT ANY FRONT GATE NO SECURITY AND DOESNT HAVE AN OFFICE OR AMENTIES are required according to the XXXX Title XXXX Zoning Chapter XXXX Planned Residential Development attached ( PRD-A ) district. Which illegally describes the building just as XXXX XXXX XXXX XXXX have wrongfully described the building as only contain XXXX XXXX XXXX. The building CONTAINS XXXX ILLEGALLY BUILT PURPORTED PARCELS and are not built on the CHURCH GROUNDS. And again, according to the XXXX TABLE XXXX PRD-A Requirement XXXX site Area XXXX Maximum Density XXXX Dus/ acre which indicates there can only contain XXXX units on an acre. \nThe land is not an acre. \n\nThe building is intentionally wrongfully and illegally published on XXXX XXXX XXXX report. The property information system [ XXXX as XXXX XXXX XXXX ] Units [ XXXX XXXX and treated as if the building was built on the Church XXXX The purported parcels are just next to the XXXX. This illegal Act is published for the city agents, the servicer, XXXX and its agents kickback are being individually being committed acting as Specialized Loan XXXX XXXX Newrez XXXX XXXX Mortgage Servicing which is the citys purported vendor. And for reasons the name purported to be changed to Newrez aka XXXX XXXX AKA the city of XXXX. In order for the city to claim the building as EXEMPT which is erroneously published XXXX XXXX and published as if the building of the illegally built CONTAMINATED parcels were constructed on the church grounds. In fact, the city is just a XXXX and legally should be claimed as nonprofit [ NOT ] XXXX. \nThe forged purported payoff statement is NOT signed and doesnt contain XXXX XXXX XXXX evidence of direct fact the payoff statement is erroneous and must be XXXX. XXXX Mortgage servicing transfers. XXXX XXXX. Except as provided in paragraph ( B ) ( XXXX ) OF THIS SECTION, EACH TRANSFEROR SERVICER AND TRANSFEREE SERVICER OF ANY MORTGAGE LOAN SHALL PROVIDE TO THE BORROWER A NOTICE OF TRANSFER FOR ANY ASSIGNMENT, sale, or transfer of the servicing of the mortgage loan. And again, was never mailed when it was apparently recorded dated XX/XX/XXXX, THE CLAIMANTS EXERCISED DUE DILIGENCE AND DISCOVERED THE ASSIGNMENT APPARENTLY WAS NOT RECORDED IN THE YEAR XXXX BUT WAS RECORDED IN THE YEAR XXXX. GENERAL TRANSFER-RELATED POLICIES AND PROCEDURESIN ITS SUPERVISORY EXAMINATIONS, THE BUREAU REVIEWS MORTGAGE SERVICERS FOR COMPLIANCE WITH REGULATION X SERVICING TRANSFER REQUIREMENTS, WHICH AMONG OTHER THINGS, REQUIRE SERVICERS TO MAINTAIN CERTAIN POLICIES AND PROCEDURES RELATED TO FACILITATING THE TRANSFER OF INFORMATION During mortgage servicing transfers.XXXX  Specifically, Regulation X requires XXXXXXXX XXXX  to maintain policies and procedures that are reasonably designed to achieve the objective of the timely transfer of all information and documents in the possession or control of the servicer relating to a transferred mortgage loan to a transferee servicer in a form and manner that ensures the accuracy of the information and documents transferred and that enables a transferee servicer to comply with the terms of the transferee servicers obligations to the owner or assignee of the mortgage loan and applicable law. \nThe second forged batch of modification agreements were emailed through a backdoor purports to be XX/XX/XXXX, Specialized Loan Servicing, and agents contend they were transformed to NEWREZ DBA SHELLPOINT MORTGAGE SERVICING which that statement is without properly mailing sufficient information under Penalty of Perjury without an acknowledgment signed by a licensed a notary of documentation with a date of the purported transformation or any signed documentation under penalty and perjury evidencing NEWREZ AKA SHELLPOINT is the servicer of the purported loan. SLS doesnt state who originated such loan or a true or correct name of a bank who purportedly financed the unknown loan they are claiming. \nFurther, the claimants signed mortgage papers on XX/XX/XXXX, and was NOT on the date Specialized Loan Servicing and its agent and XXXX claim XX/XX/XXXX, XXXX XXXX filled out mortgage papers on XX/XX/XXXX, and relied on the purported seller who stated he was an agent and owned the unit and stated it was real property and a townhouse and increased the listing price from {$110000.00} to XXXX we were defrauded and deceived and detrimentally relied in XXXX XXXX Fraudulent reliance the claimants were told and sold a FALSE DREAM OF HOMEOWNERSHIP and saw that they wanted to purchase a Single Family Residential property only loan that XXXX and XXXX had and the loan was a downpayment of {$7000.00} PAID IN FULL on XX/XX/XXXX, and the remaining Balance {$110000.00} PAID OFF IN FULL XXXX,. See documentation the FHA LOAN PAID OFF IN FULL. THE LETTER ALSO STATES THERE WAS NEVER A MODIFICATION TO WHICH WE RELATED THE INFORMATION MANY. Specialized Loan ServicinXXXX and their agents many times over. A purported Servicer can not foreclose under a FORGED DEED OF TRUST AND A FORGED ASSIGNMENT THAT A PURPORTED BORROWER NEVER HAD ANY KNOWLEDGE OF AN ASSIGNMENT OR A FORGED DEED WAS APPARENTLY RECORDED ALONG WITH XXXX FORGED DEEDS OF TRUST IN XXXX XXXX and XXXX XXXX name. an action under XXXX XXXX section XXXX to cancel \" a wholly void instrument can be brought at any time, '' i.e., is not subject to any statute of limitations. \nSpecialized Loan Servicing, XXXX XXXX XXXX XXXX, AKA XXXX XXXX XXXX for what you state you SOON will be transformed the letter doesnt contain a date of Transformation which again back-dated XX/XX/XXXX, which we received the improper letter Specialized Loan Servicing did not and doesnt possess a DBA as Newrez. XXXX must be made with transparency describing an individuals name. You also state that you tried to contact XXXX XXXX and XXXX XXXX as you know that is a FLAT-OUT LIE. \nXXXX XXXX XXXX and the purported agents have commenced continuous harassment. upon the claimants. Specialized Loan Servicing AKA XXXX XXXX XXXX XXXX XXXX XXXX AKA Newrez DBA Shellpoint Mortgage AKA Shellpoint Mortgage Servicing AKA Shellpoint The name was illegally existing without a license. And doesnt have a DBA XXXX The claimants are aware of who the UNLICENSE SHELL COMPANIES are the city and its agents, concealed tier of fact XXXX XXXX XXXX XXXX XXXX XXXX XXXX, AKA XXXX XXXX XXXX AKA XXXX XXXX are the city of XXXX vendor in XXXX, CA. which we discovered you really are the city and not all the impersonated names that you falsely claim. The purported loan Modification documents that you have mailed improperly and as you are aware they are FORGED and much to add the documents are Fraudulent Documents. We did NOT sign any modification documents or that you erroneously included with a purported Rider with XXXX pages when in fact the paper states XXXX pages which means that you added pages with a purported false originator date, under a FORGED deed of trust a purported loan must be a XXXX XXXX under a Modification and must be the original originator as a purported lender, you mailed multiple and FRAUDULENT batches that you redacted and manipulated for your own benefit and were improperly mailed. The Documents are not XXXX XXXX or XXXX XXXX, and the XXXX payoff Statements are Counterfeit the XXXX NOTES are forged and this conduct is blatant, CORRUPTION was erroneously mailed by your purported office and are not signed which doesnt contain XXXX XXXX XXXX. \nAT NO TIME HAVE WE EVER SIGNED OUR NAME TO ANY OF YOUR FRAUDULENT MODIFICATION AGREEMENTS. And we never obtained a loan from SPECIALIZED LOAN SERVICING, an","date_sent_to_company":"2024-10-30T16:54:58.000Z","issue":"Trouble during payment process","sub_product":"Other type of mortgage","zip_code":"92377","tags":null,"has_narrative":true,"complaint_id":"10585130","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Shellpoint Partners, LLC","date_received":"2024-10-25T07:19:29.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Trying to communicate with the company to fix an issue while managing or servicing your loan"},"highlight":{"complaint_what_happened":["GENERAL <em>TRANSFER</em>-RELATED POLICIES AND PROCEDURESIN ITS SUPERVISORY EXAMINATIONS, THE BUREAU REVIEWS MORTGAGE SERVICERS FOR <em>COMPLIANCE</em> WITH REGULATION X SERVICING <em>TRANSFER</em> REQUIREMENTS, WHICH <em>AMONG</em> OTHER THINGS, REQUIRE SERVICERS TO MAINTAIN CERTAIN POLICIES AND PROCEDURES RELATED TO FACILITATING THE <em>TRANSFER</em> OF INFORMATION During mortgage servicing <em>transfers</em>.XXXX  Specifically, Regulation X requires XXXXXXXX XXXX  to maintain policies and procedures that are reasonably designed to achieve the objective"],"sub_issue":["Trying to communicate with the company to fix an issue while managing or servicing your <em>loan</em>"]},"sort":[11.069647,"10585130"]},{"_index":"complaint-public-v1","_id":"17244979","_score":9.199771,"_source":{"product":"Debt collection","complaint_what_happened":"In reviewing my credit reports from the three major consumer reporting agencies, I discovered that Westlake Financial Services is reporting a derogatory account that appears to be inaccurate, unverifiable, and incomplete. The account is reflected as a collection/charge-off, closed on or around XX/XX/XXXX, with a listed past-due balance of approximately {$17000.00}.\n\nThis entry appears on multiple consumer credit reports and is currently being furnished as a negative tradeline affecting my overall credit standing. I am filing this complaint because the information being reported\nby Westlake Financial\n\nand maintained by the credit reporting agencies has not been verified, validated, or supported by original documentation, despite several written requests for investigation and documentation submitted in accordance with the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ). 1. Background and Discovery of the Issue When I obtained a full copy of my credit report from the three major bureaus in early XXXX, I noticed that the Westlake Financial account was being reported as a derogatory tradeline showing a charge-off status. I had not received prior notice from Westlake Financial verifying that this alleged account\n\nexisted, nor had I received any correspondence containing original documentation, statements, or contracts bearing my signature. Under federal law, furnishers of information are required to ensure that any data they provide to a credit reporting agency is accurate, complete, and can be substantiated by original documentation. Specifically, FCRA 607 ( b ) requires consumer reporting agencies and furnishers to follow reasonable procedures to ensure maximum possible accuracy of the\ninformation they report. In this case, Westlake Financial has continued to furnish data that does not meet that standard.\n\nUpon discovering the derogatory entry, I submitted formal written disputes to all three credit reporting agencies, requesting that they verify the accuracy of the information, provide the method of verification used, and furnish copies of the original documentation that validated the debt. I also requested details about the chain of custody, assignment, or transfer if Westlake Financial no longer owned the account.\n\nDespite these written disputes, I received only automated or generic responses from the bureaus stating that the account had been verified as accurate. None of these responses included any documentation from Westlake Financial, nor did they describe the method of verification used to confirm the validity of the information.\n\n2. Westlake Financials Reporting Practices The information reported by Westlake Financial shows several inconsistencies and raises multiple concerns about compliance. The account was listed as closed in XXXX, but the data furnished contains no clear indication of when the alleged delinquency began or what specific contractual obligations were breached. Additionally, the reported past-due amount of {$17000.00} seems inconsistent with any reasonable credit extension typically associated with consumer accounts of this type.\n\nAt no time prior to this reporting did Westlake Financial send me a notice of default, a charge-off statement, or any correspondence regarding debt validation as required under FDCPA 809 ( a ). I did not receive the legally required initial communication containing the amount of the debt, the name of the creditor, and my right to dispute it within thirty ( 30 ) days. This lack of communication suggests procedural noncompliance.\n\nUnder FDCPA 809 ( b ), when a consumer disputes a debt in writing, the debt collector must cease all collection activity until verification is provided. Credit reporting is considered a form of collection activity because it is a mechanism used to compel payment by damaging the consumers credit standing. Therefore, Westlake Financials continued reporting of the alleged debt without first validating it constitutes a violation of the FDCPA.\n\n3. Requests for Verification and Documentation I made several written requests for verification and documentation to both Westlake Financial and the credit reporting agencies. These requests were made under FCRA 609 ( a ) ( 1 ), which gives consumers the right to obtain all information in their file at the time of the request, and under FCRA 611 ( a ) ( 6 ), which requires the reporting agencies to provide a detailed description of the method used to verify disputed information.\n\nTo date, none of the parties involved have provided : A copy of any original signed credit agreement, loan application, or contract allegedly executed with Westlake Financial.\n\nAn itemized statement showing how the balance of {$17000.00} was calculated, including principal, interest, fees, and any collection charges.\n\nProof of lawful ownership of the debt, such as assignment or transfer records if the account was sold or reassigned.\n\nA copy of the original charge-off statement or notice sent to the consumer at the time of default.\n\nDocumentation identifying the date and method of verification used by the credit reporting agencies in confirming the information.\n\nWithout this documentation, neither Westlake Financial nor the credit reporting agencies have substantiated the accuracy or completeness of the information they are publishing.\n\n4. Inconsistent Data Across Credit Reports In addition to the lack of validation, there are discrepancies in the way the Westlake Financial account appears across different credit bureaus. For example, the reported balance, date of last payment, and account closure date differ slightly among the agencies. This lack of consistency demonstrates that either ( 1 ) the furnishers are not using standardized reporting formats, or ( 2 ) the credit reporting agencies are not maintaining uniform and accurate data.\n\nThis inconsistency violates FCRA 607 ( b ), which requires that information furnished be reported with maximum possible accuracy. When identical accounts are reported differently across bureaus, it indicates procedural negligence.\n\nFurthermore, the absence of an Account in Dispute notation under FCRA 623 ( a ) ( 3 ) suggests that neither Westlake Financial nor the bureaus properly updated the reporting status after I filed formal disputes. A data furnisher is required to indicate that an account is disputed by the consumer when a dispute is pending. Failure to do so misrepresents the status of the account to lenders and third parties who review the consumers file.\n\n5. Harm Caused by the Inaccurate Reporting The continued presence of this unverifiable and derogatory tradeline has caused tangible harm to my financial reputation. My credit score has been adversely affected, resulting in the denial of new credit opportunities, increased interest rates on existing credit, and loss of access to favorable lending programs.\n\nIn addition, this inaccurate information has caused emotional distress and reputational damage, as potential lenders and business partners perceive me as a high-risk borrower due to the presence of a large charged-off balance that can not be validated.\n\nThe Fair Credit Reporting Act was designed to prevent precisely this kind of harm by imposing obligations on both furnishers and credit reporting agencies to ensure that all published data is accurate, complete, and verifiable.\n\n6. Lack of Reasonable Reinvestigation by Credit Reporting Agencies Under FCRA 611 ( a ) ( 1 ), the credit reporting agencies are required to conduct a reasonable reinvestigation when a consumer disputes information on their credit report. However, the reinvestigation process in this case appears to have been automated and superficial.\n\nThe credit bureaus relied solely on electronic confirmations from Westlake Financial transmitted through the e-OSCAR system. No documentation was provided, and no human review of the actual evidence appears to have occurred. This practice violates the legal standard of reasonableness because the bureaus merely recycled unverified data from the furnisher rather than independently verifying the validity of the information.\n\nThe Consumer Financial Protection Bureau has issued guidance clarifying that consumer reporting agencies must go beyond simple automated checks and conduct genuine reinvestigations. They must obtain sufficient evidence from the furnisher and ensure that disputed items are supported by original documentation.\n\n7. Failure to Provide Method of Verification When I requested the method of verification under FCRA 611 ( a ) ( 6 ), none of the credit reporting agencies provided a meaningful response. The law requires that, upon request, the consumer reporting agency must provide a description of the procedure used to determine the accuracy and completeness of the disputed information, including the business name and contact information of any furnisher contacted.\n\nThe responses I received were vague and did not identify who verified the information, when it was verified, or what specific documents were reviewed. The lack of transparency in the reinvestigation process violates the statutory right to a method of verification and undermines confidence in the accuracy of the reporting system.\n\n8. Possible Violation of FDCPA and FCRA Provisions Based on the facts outlined, Westlake Financial and the involved credit reporting agencies may be in violation of multiple provisions of the FCRA and FDCPA, including but not limited to : FCRA 602 ( a ) : Failure to ensure fair and accurate credit reporting.\n\nFCRA 607 ( b ) : Failure to follow reasonable procedures to assure maximum possible accuracy.\n\nFCRA 611 ( a ) : Failure to conduct a reasonable reinvestigation.\n\nFCRA 623 ( a ) ( 3 ) : Failure to report the account as disputed.\n\nFDCPA 807 ( 8 ) : Communicating false credit information.\n\nFDCPA 809 ( b ) : Failure to validate the debt before continued reporting.\n\nEach of these violations contributes to ongoing harm, as the inaccurate and unverifiable account remains published on my credit reports without proper validation or documentation.\n\n9. Requests Made and Responses Received Throughout this process, I have made good-faith efforts to obtain clarification and documentation. I submitted formal dispute letters to all three credit bureaus and sent validation requests to Westlake Financial. In those communications, I requested copies of all relevant documentation, including original contracts, account statements, and legal proof of ownership.\n\nThe responses I received were non-substantive. The credit bureaus simply stated that Westlake Financial had verified the account as accurate. However, when I asked Westlake Financial directly for validation, they either failed to respond or sent generic notices that did not include the requested documents.\n\nAt no point have I been provided any physical or digital proof of a contract, itemized statement, or legal assignment verifying that this account belongs to me or that the reported balance is correct.\n\n10. Procedural Negligence and Lack of Oversight It appears that both Westlake Financial and the credit reporting agencies have engaged in procedural negligence by failing to ensure the integrity of consumer data. The credit bureaus are legally required to maintain oversight of their furnishers and ensure that they are reporting information accurately.\n\nAllowing furnishers to report unverifiable debts and then relying solely on those same furnishers for verification during disputes creates a conflict of interest and undermines the consumer protection intent of the FCRA.\n\nThis closed-loop systemwhere a bureau asks the furnisher to confirm its own datadoes not constitute a reasonable reinvestigation. It allows erroneous and unverifiable information to remain on credit reports indefinitely, causing ongoing harm to consumers.\n\n11. The Impact of Noncompliance The cumulative effect of these procedural violations is significant. Because of Westlake Financials unverifiable reporting, my creditworthiness has been unfairly diminished. The derogatory entry continues to misrepresent my financial responsibility to third parties, resulting in potential denials of employment, credit, and housing opportunities.\n\nThis is not merely a clerical issue ; it is a matter of compliance with federal consumer protection laws. The law requires accuracy, fairness, and verificationnot blind repetition of unproven data.\n\n12. Request for Regulatory Oversight I am submitting this complaint so that the Consumer Financial Protection Bureau can review whether Westlake Financial and the credit reporting agencies have complied with their statutory obligations under the FCRA and FDCPA.\n\nI am asking that the CFPB compel Westlake Financial to provide : All original documentation supporting the account, including the signed contract and payment history.\n\nProof of lawful ownership or assignment of the account.\n\nItemized billing statements showing how the alleged balance was calculated.\n\nCopies of all communications and data transmissions sent to the credit reporting agencies.\n\nIf the furnisher can not produce these documents, the CFPB should require the credit bureaus to delete the account immediately under FCRA 611 ( a ) ( 5 ), which mandates deletion of unverifiable data.\n\n13. Summary of Consumer Actions Taken Obtained full credit reports and identified the derogatory Westlake Financial account.\n\nSubmitted written disputes to all three credit bureaus citing specific FCRA provisions.\n\nRequested the method of verification and copies of supporting documents.\n\nContacted Westlake Financial directly requesting validation of the debt under FDCPA 809 ( b ).\n\nReceived only generic verified responses from the credit bureaus and no documentation from the furnisher.\n\nConfirmed that the account remains unverified and continues to appear as a charge-off.\n\nFiled this CFPB complaint to ensure regulatory oversight and enforcement of compliance.\n\n14. Conclusion The continued reporting of this alleged Westlake Financial account without validation or verification is a violation of my rights under both the FCRA and FDCPA. Despite repeated disputes and requests for documentation, the furnishers and credit bureaus have failed to provide any tangible evidence that this debt exists or that it was lawfully reported.\n\nI am seeking the assistance of the CFPB to ensure that Westlake Financial and the credit reporting agencies comply with their statutory duties. Specifically, I am requesting that this account be deleted unless and until legally sufficient documentation is produced, and that the bureaus provide a full written explanation of their verification process.\n\nThe purpose of this complaint is not to avoid any legitimate financial responsibility but to ensure that only accurate, verified, and lawful information is being reported about me as required by law. Until that standard is met, this account should not appear on any consumer credit report.","date_sent_to_company":"2025-11-15T00:44:35.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"17244979","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Westlake Services, LLC","date_received":"2025-11-15T00:38:33.000Z","state":"MO","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["Inconsistent Data Across Credit Reports In addition to the lack of validation, there are discrepancies in the way the Westlake Financial account appears across <em>different</em> credit bureaus. For example, the reported balance, date of last payment, and account closure date differ slightly <em>among</em> the agencies."]},"sort":[9.199771,"17244979"]},{"_index":"complaint-public-v1","_id":"10247527","_score":9.135623,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"15 U.S. Code 1681a - Definitions ; rules of construction Exclusions, giving me the right for the credit reporting Bureaus to not post my open accounts that means do not report late charges late payments, closed off accounts violation directly to my well-being integrity dignity Please provide me tge letter with my signature the written consent by me giving you access to my everyday, Transactions, not needed on my rports.\n\n12 U.S.C. 1813 ( q ) .12 CFR 32.2 32.5.\n\nCFPA section 1031 ( d ) sets forth the general standard for determining whether an act or practice is abusive.See12 U.S.C. 5531 ( d ) .Rule 11-508. Trade secrets A person may refuse to disclose and may prevent others from disclosing a trade secret owned by him. 27-2B-17 Public assistance.\n\n15 U.S.C.1681 ( a ) ( p ) 31-26-2. Purpose of Act.\n\nRecognizing the states concern for victims of crime, it is the purpose of the Victims of Crime Act to assure that : The full impact of a crime is brought to attention of a court.\n\nVictims of violent crimes are treated with dignity, respect and sensitivity at all stages of the criminal justice procesln Victims rights are protected by law enforcement agencies, prosecutors and judges as vigorously as are the rights of criminal defendants ; and The provisions of Article 2. Section 24 of the constitution of New Mexico are implemented in statute. \nBe treated with fairness and respect Timely disposition of the case Be reasonably protected from the accused throughout the criminal justiceprocess. \nMake a statement to the court at sentencing and at any post sentencing hearings for the accused. \nIf requested by the victim, of the necessity of the victims cooperation and testimony in a court proceeding that may necessitate the absence from work for good cause ; Information about the conviction ; sentencing ; imprisonment escape or release of the accused ;. a notice is required. As looking at all my past disputes I clearly have stated I never have received Any notice from XXXX XXXX XXXX or XXXX. \n15 U.S C.1681a p The notice required. 15 U.S C.1681 ( 2 ) Rule of construction To whom which is in Default : XXXX XXXX XXXX the case of default due process was not established nor did any provision of any principal or interest has not been approved by protection providers. All Parties in New contract also was not approved ederal banking agency determines that a renewal or restructuring was undertaken Speaking directly the phone is not allowed and is a violation of credit protection Act attempting to collect a a debt precludes any further collection action and infringement of Breach of privacy additional violation directly to damage my constitutional rights having XXXXXXXX XXXX  and XXXX XXXXXXXX XXXX Permanently deleted from all three Credit reporting Bureaus, XXXX XXXX, XXXX and Experian there investigations have proven that I am not responsible for this fraudulent practices in this case. \n86 FR 34617, XX/XX/XXXX ] ix ) A policy governing write-offs and settlements to include : Identification of agent ( s ) authorized to approve write-offs and settlements ; Authorization levels for write-offs and settlements of lines of credit instruments ; Required documentation for write-offs and settlements ; As we are bringing the following points of facts on the table and on Attorneys, notice required bysection 552a ( e ) ( 4 ) of title 5indicates that information in the system may be disclosed to aconsumer reporting agencyor commercial reporting agency, respectively. I ask you to recognize that your company has been already proven to have been deleted by 3 different investigations 3 different times and has documented each time that the account was sold. U.S. Code Title 31 SUBTITLE III 31 U.S. Code 3711 - Collection and compromise fraudulently witch means identity theft is clearly established you're the one who has stolen my identity and conspiracy against me intentionally harming my well-being integrity and Civil Liberties constitutional Rights as c a public body state agencie third-party entities acting for the Government discrimination against me also depriving me of my credit breaking policy and procedures Taking Unreasonable Advantage, as defined in the CFPA,. Under 1026.23 ( d ) ( 2 ), .for ensuring that appropriate referral and certificate of the controller of the monies and protection of the money with a signed New Contract by all parties including the Secretary of the Treasury . Reasonable Reliance : The third circumstance, of which entities can not take unreasonable advantage, as defined in the CFPA, concerns the reasonable reliance by the consumer on a covered person to act in the interests of the consumer.73 as well as notice of actions being taken to the transfer closure selling writing off of such account without the prior written consent and process of collection activity is void. In harassment and terrorists tactics against my I say under the color of law you are violating my Civil liberties constitutional Rights to understand I know my rights as well I am entitled to fairness and equal access to justice in the constitutional challenge of this violation of my constitutional rights and civil liberties, ( f ) if the derivativecontractrequires the protection purchaser to transfer an exposure to the protection provider at settlement, the terms of at least one of the exposures that is permitted to be transferred under thecontractprovide that any required consent to transfer may not be unreasonably withheld ; and ( g ) if thecredit derivativeis a credit default swap, the derivative contract : ( i ) identifies the parties responsible for determining whether a credit event has occurred ; ( ii ) specifies that the determination is not the sole responsibility of the protection provider ; and ( iii ) gives the protection purchaser the right to notify the protection provider of the occurrence of a credit event.\n\n( 8 ) '' Eligible guarantee '' means a guarantee that : ( a ) is written and unconditional ; ( b ) covers all or a pro rata portion of all contractual payments of the obligor on the reference exposure ; ( c ) gives the beneficiary a direct claim against the protection provider ; ( d ) is not unilaterally cancelable by the protection provider for reasons other than the beneficiary 's breach ofcontract ; ( e ) is legally enforceable against the protection provider in a jurisdiction where the protection provider has sufficient assets against which a judgment may be attached and enforced ; ( f ) requires the protection provider to make payment to the beneficiary on the occurrence of a default ( as defined in the guarantee ) of the obligor on the reference exposure in a timely manner without the beneficiary first having to take legal action to pursue the obligor for payment ; ( g ) does not increase the beneficiary 's cost of credit protection ; ( j ) a foreign banking organization ; ( k ) a non-U.S.-based securities firm or a non-U.S.-based insurance company that is subject to consolidated supervision and regulation comparable to that imposed on U.S. depository institutions, securities broker-dealers, or insurance companies ; and ( l ) aqualifying central counterparty.\n\n( 10 ) '' Eligible statebank '' means abankorganized under Montana laws that : ( a ) is well-capitalized as defined in the prompt corrective action rules applicable to thebank ; and ( b ) has a composite rating of 1 or 2 under the Uniform Financial Institutions Rating System in connection with thebank 's most recent examination or subsequent review.\n\n( 11 ) '' Loans, '' \" extensions of credit, '' or \" obligations '' have the meaning in32-1-432, MCA , and any credit exposure determined under ARM2.59.129arising from aderivative transactionor a securities financing transaction.\n\n( a ) The terms include : ( i ) acontractual commitment to advance funds ; ( ii ) a maker or endorser 's obligation arising from abank 's discount of commercial paper ; ( iii ) abank 's purchase of third-party paper subject to an agreement that the seller will repurchase the paper upon default or at the end of a stated period. The amount of thebank 's loan is the total unpaid balance of the paper owned by thebankless any applicable dealer reserves retained by thebankand held by thebankas collateral security. Where the seller 's obligation to repurchase is limited, thebank 's loan is measured by the total amount of the paper the seller may ultimately be obligated to repurchase. Abank 's purchase of third-party paper without direct or indirect recourse to the seller is not a loan or extension of credit to the seller ; ( iv ) an overdraft, whether or not prearranged, but not an intraday overdraft for which payment is received before the close of business of thebankthat makes the funds available ; ( v ) the sale of federal funds with a maturity of more than one business day, but not federal funds with a maturity of one day or less or federal funds sold under a continuingcontract ; ( vi ) loansor extensions of credit that have been charged off on the books of thebankin whole or in part unless the loan or extension of credit is : ( A ) unenforceable by reason of discharge in bankruptcy ; ( B ) no longer legally enforceable because of expiration of the statute of limitations or a judicial decision ; or ( C ) no longer legally enforceable for other reasons provided that thebankmaintains sufficient records to demonstrate that the loan is unenforceable ; and The terms and conditions dictating the manner in which the derivative contract is to be settled are incorporated into the contract ; ( 5 ) If the derivative contract allows for cash settlement, the contract incorporates a robust valuation process to estimate loss with respect to the derivative reliably and specifies a reasonable period for obtaining post-credit event valuations of the reference exposure ; ( 6 ) If the derivative contract requires the protection purchaser to transfer an exposure to the protection provider at settlement, the terms of at least one of the exposures that is permitted to be transferred under the contract provides that any required consent to transfer may not be unreasonably withheld ; and ( 7 ) If the credit derivative is a credit default swap, the derivative contract clearly identifies the parties responsible for determining whether a credit event has occurred, specifies that this determination is not the sole responsibility of the protection provider, and gives the protection purchaser the right to notify the protection provider of the occurrence of a credit event renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limits ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, participants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, partqcipants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; s legally enforceable against the protection provider in a jurisdiction where the protection provider has sufficient assets against which a judgment may be attached and enforced ; ( f ) requires the protection provider to make payment to the beneficiary on the occurrence of a default ( as defined in the guarantee ) of the obligor on the reference exposure in a timely manner without the beneficiary first having to take legal action to pursue the obligor for payment ; ( g ) does not increase the beneficiary 's cost of credit protection on the guarantee in response to deterioration in the credit quality of the reference exposure ; and ( h ) is not provided by an affiliate of thebank, unless the affiliate is an insured depository institution, bank, securities broker or dealer, or insurance company that : ( i ) does not control thebank; and ( ii ) is subject to consolidated supervision and regulation comparable to that imposed on U.S. depository institutions, securities broker-dealers, or insurance companies as applicable Again you didn't have authority to control the selling closing of our agreement didn't create any contract and withheld information for reasonable consumer not aware of any disputes or pro- rata. No legal action was given to you in any court of Law, strong arming my credit report when not allowed. Please remove all inquiries from my credit report and not in compliance with applicable consumer credit information for the Government of United States protection providers in writing off the agreement with BORROWER. \nXXXX XXXX XXXX  has sold the account without proper policy and procedures no notice letters of communication. No certificate from the Secretary of the treasury Authorizing Permission to sell close account This account has been on and off of my reports through The year harassment and damaging to my credit.\n\nOpen accounts that are going on now that I am still paying on and on. Going are being reported which do not need to be reported because because of exclusion and disclosure. And I never gave cassette to do anyconstantly harassing me constantly violating my rights. I'm reporting a business transaction when it's an LLC and it's not even in my name, it's KG 's l l c how could that be fair reporting. Depriving me of credit and what they wrote when I read my credit report is far from fait 's no wonder I can't access any credit.Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or I my sue as Above Law 's state. Hopefully the State and Federal regulations will make decisions on how much responsibility is being made by LENDER must notify debtor.\n\n5 U.S. Code 1692k U.S. Code Title 12 CHAPTER 35 3412 Title 12 U.S. Code 3412 - Use of information U.S. Code ( a ) Transfer of financial records to other agencies or departments ; certification Financial records originally obtained pursuant to this chapter shall not be transferred to another agency or department unless the transferring agency or department certifies in writing that there is reason to believe that the records are relevant to a legitimatelaw enforcement inquiry, or intelligence or counterintelligence activity, investigation or analysis related to international terrorism within the jurisdiction of the receiving agency or department.\n\n( b ) Mailing of copy of certification and notice to customer Whenfinancial recordssubject to this chapter are transferred pursuant to subsection ( a ), the transferring agency or department shall, within fourteen days, send to thecustomera copy of the certification made pursuant to subsection ( a ) and the following notice, which shall state the nature of thelaw enforcement inquirywith reasonable specificity : Copies of, or information contained in, yourfinancial recordslawfully in possession of have been furnished to pursuant to the Right of FinancialPrivacy Actof [ 12 U.S.C. 3401et seq. ] for the following purpose :. If you believe that this transfer has not been made to further a legitimatelaw enforcement inquiry, you may have legal rights under the FinancialPrivacy Actof 1978 or thePrivacy Act of 1974 [ 5 U.S.C. 552a ].\n\n( c ) Court-ordered delays in mailing Notwithstanding subsection ( b ), notice to thecustomermay be delayed if the transferring agency or department has obtained a court order delaying notice pursuant to section 3409 ( a ) and ( b ) of this title and that order is still in effect, or if the receiving agency or department obtains a court order authorizing a delay in notice pursuant to section 3409 ( a ) and ( b ) of this title. Upon the expiration of any such period of delay, the transferring agency or department shall serve to thecustomerthe notice specified in subsection ( b ) and the agency or department that obtained the court order authorizing a delay in notice pursuant to section 3409 ( a ) and ( b ) of this title shall serve to thecustomerthe notice specified insection 3409 ( b ) of this title.\n\n( d ) Exchanges of examination reports by supervisory agencies ; transfer of financial records to defend customer action ; withholding of information Nothing in this chapter prohibits anysupervisory agencyfrom exchanging examination reports or other information with anothersupervisory agency. Nothing in this chapter prohibits the transfer of acustomersfinancial recordsneeded by counsel for aGovernment authorityto defend an action brought by thecustomer.Nothing in this chapter shall authorize the withholding of information by any officer or employee of asupervisory agencyfrom a duly authorized committee or subcommittee of theCongress.\n\n( e ) Exchange of records, reports, or other information Notwithstandingsection 3401 ( 6 ) [ 1 ] of this title or any other provision of law, the exchange offinancial records, examination reports or other information with respect to a financial institution, holding company, or any subsidiary of a depository institution orholding company, among and between the five member supervisory agencies of the Federal Financial Institutions Examination Council, theSecurities and Exchange Commission, theFederal Trade Commission, theCommodity Futures Trading Commission, and the Bureau of Consumer Financial Protection is permitted.\n\n( f ) Transfer to Attorney General or Secretary of the Treasury ( 1 ) In generalNothing in this chapter shall apply whenfinancial recordsobtained by an agency or department of the United States are disclosed or transferred to the Attorney General or the Secretary of the Treasury upon the certification by a supervisory level official of the transferring agency or department that ( A ) there is reason to believe that the records may be relevant to a violation of Federal criminal law ; and ( B ) the records were obtained in the exercise of the agencys or departments supervisory or regulatory functions.\n\n( 2 ) Limitation on use Records so transferred shall be used only for criminal investigative or prosecutive purposes, for civil actions undersection 1833a of this title, or for forfeiture under sections [ 2 ] 981 or 982 of title 18 by theDepartment of Justiceand only for criminal investigative purposes relating to money laundering and other financial crimes by theDepartment of the Treasuryand shall, upon completion of the investigation or prosecution ( including any appeal ), be returned only to the transferring agency or department. No agency or department so transferring such records shall be deemed to have waived any privilege applicable to those records under law.\n\n( Pub. L. 95630, title XI, 1112, Nov. 10, 1978,92 Stat. 3705 ; Pub. L. 97320, title IV, 432 ( a ), Oct. 15, 1982,96 Stat. 1527 ; Pub. L. 100690, title VI, 6186 ( b ), Nov. 18, 1988,102 Stat. 4357 ; Pub. L. 10173, title IX, 944, Aug. 9, 1989,103 Stat. 498 ; Pub. L. 102242, title IV, 411 ( 1 ), Dec. 19, 1991,105 Stat. 2375 ; Pub. L. 102550, title XV, 1516, title XVI, 1606 ( b ), Oct. 28, 1992,106 Stat. 4059, 4087 ; Pub. L. 106102, title II, 231 ( b ) ( 2 ), title VII, 727 ( b ) ( 2 ), Nov. 12, 1999,113 Stat. 1407, 1475 ; Pub. L. 10756, title III, 358 ( f ) ( 1 ), Oct. 26, 2001,115 Stat. 327 ; Pub. L. 109455, 10, 13, Dec. 22, 2006,120 Stat. 3381, 3382 ; Pub. L. 111203, title X, 1099 ( 2 ), July 21, 2010,124 Stat. 2105 ; Pub. L. 112203, 1, Dec. 4, 2012,126 Stat. 1484 Remove your company from my credit report thank you. \n\nXXXX XXXX","date_sent_to_company":"2024-09-25T10:17:58.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"87301","tags":null,"has_narrative":true,"complaint_id":"10247527","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-09-25T10:17:55.000Z","state":"NM","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["I ask you to recognize that your company has <em>been</em> already proven to have <em>been</em> deleted by 3 <em>different</em> investigations 3 <em>different</em> times and has documented each time that the account was sold. U.S. Code Title 31 SUBTITLE III 31 U.S."]},"sort":[9.135623,"10247527"]},{"_index":"complaint-public-v1","_id":"10247528","_score":9.134487,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"15 U.S. Code 1681a - Definitions ; rules of construction Exclusions, giving me the right for the credit reporting Bureaus to not post my open accounts that means do not report late charges late payments, closed off accounts violation directly to my well-being integrity dignity Please provide me tge letter with my signature the written consent by me giving you access to my everyday, Transactions, not needed on my rports.\n\n12 U.S.C. 1813 ( q ) .12 CFR 32.2 32.5.\n\nCFPA section 1031 ( d ) sets forth the general standard for determining whether an act or practice is abusive.See12 U.S.C. 5531 ( d ) .Rule 11-508. Trade secrets A person may refuse to disclose and may prevent others from disclosing a trade secret owned by him. 27-2B-17 Public assistance.\n\n15 U.S.C.1681 ( a ) ( p ) 31-26-2. Purpose of Act.\n\nRecognizing the states concern for victims of crime, it is the purpose of the Victims of Crime Act to assure that : The full impact of a crime is brought to attention of a court.\n\nVictims of violent crimes are treated with dignity, respect and sensitivity at all stages of the criminal justice procesln Victims rights are protected by law enforcement agencies, prosecutors and judges as vigorously as are the rights of criminal defendants ; and The provisions of Article 2. Section 24 of the constitution of New Mexico are implemented in statute. \nBe treated with fairness and respect Timely disposition of the case Be reasonably protected from the accused throughout the criminal justiceprocess. \nMake a statement to the court at sentencing and at any post sentencing hearings for the accused. \nIf requested by the victim, of the necessity of the victims cooperation and testimony in a court proceeding that may necessitate the absence from work for good cause ; Information about the conviction ; sentencing ; imprisonment escape or release of the accused ;. a notice is required. As looking at all my past disputes I clearly have stated I never have received Any notice from XXXX XXXX XXXX or XXXX. \n15 U.S C.1681a p The notice required. 15 U.S C.1681 ( 2 ) Rule of construction To whom which is in Default : XXXX XXXX XXXX the case of default due process was not established nor did any provision of any principal or interest has not been approved by protection providers. All Parties in New contract also was not approved XXXX banking XXXX determines that a renewal or restructuring was undertaken Speaking directly the phone is not allowed and is a violation of credit protection Act attempting to collect a a debt precludes any further collection action and infringement of Breach of privacy additional violation directly to damage my constitutional rights having XXXXXXXX XXXX  and XXXX XXXX XXXX Permanently deleted from all three Credit reporting Bureaus, XXXX XXXX, Transunion and XXXX there investigations have proven that I am not responsible for this fraudulent practices in this case. \n86 FR 34617, XXXX XXXX XXXX  ] ix ) A policy governing write-offs and settlements to include : Identification of agent ( s ) authorized to approve write-offs and settlements ; Authorization levels for write-offs and settlements of lines of credit instruments ; Required documentation for write-offs and settlements ; As we are bringing the following points of facts on the table and on Attorneys, notice required bysection 552a ( e ) ( 4 ) of title 5indicates that information in the system may be disclosed to aconsumer reporting agencyor commercial reporting agency, respectively. I ask you to recognize that your company has been already proven to have been deleted by 3 different investigations 3 different times and has documented each time that the account was sold. U.S. Code Title 31 SUBTITLE III 31 U.S. Code 3711 - Collection and compromise fraudulently witch means identity theft is clearly established you're the one who has stolen my identity and conspiracy against me intentionally harming my well-being integrity and Civil Liberties constitutional Rights as c a public body state agencie third-party entities acting for the Government discrimination against me also depriving me of my credit breaking policy and procedures Taking Unreasonable Advantage, as defined in the CFPA,. Under 1026.23 ( d ) ( 2 ), .for ensuring that appropriate referral and certificate of the controller of the monies and protection of the money with a signed New Contract by all parties including the Secretary of the Treasury . Reasonable Reliance : The third circumstance, of which entities can not take unreasonable advantage, as defined in the CFPA, concerns the reasonable reliance by the consumer on a covered person to act in the interests of the consumer.73 as well as notice of actions being taken to the transfer closure selling writing off of such account without the prior written consent and process of collection activity is void. In harassment and terrorists tactics against my I say under the color of law you are violating my Civil liberties constitutional Rights to understand I know my rights as well I am entitled to fairness and equal access to justice in the constitutional challenge of this violation of my constitutional rights and civil liberties, ( f ) if the derivativecontractrequires the protection purchaser to transfer an exposure to the protection provider at settlement, the terms of at least one of the exposures that is permitted to be transferred under thecontractprovide that any required consent to transfer may not be unreasonably withheld ; and ( g ) if thecredit derivativeis a credit default swap, the derivative contract : ( i ) identifies the parties responsible for determining whether a credit event has occurred ; ( ii ) specifies that the determination is not the sole responsibility of the protection provider ; and ( iii ) gives the protection purchaser the right to notify the protection provider of the occurrence of a credit event. \n\n( 8 ) '' Eligible guarantee '' means a guarantee that : ( a ) is written and unconditional ; ( b ) covers all or a pro rata portion of all contractual payments of the obligor on the reference exposure ; ( c ) gives the beneficiary a direct claim against the protection provider ; ( d ) is not unilaterally cancelable by the protection provider for reasons other than the beneficiary 's breach ofcontract ; ( e ) is legally enforceable against the protection provider in a jurisdiction where the protection provider has sufficient assets against which a judgment may be attached and enforced ; ( f ) requires the protection provider to make payment to the beneficiary on the occurrence of a default ( as defined in the guarantee ) of the obligor on the reference exposure in a timely manner without the beneficiary first having to take legal action to pursue the obligor for payment ; ( g ) does not increase the beneficiary 's cost of credit protection ; ( j ) a foreign banking organization ; ( k ) a non-U.S.-based securities firm or a non-U.S.-based insurance company that is subject to consolidated supervision and regulation comparable to that imposed on U.S. depository institutions, securities broker-dealers, or insurance companies ; and ( l ) aqualifying central counterparty.\n\n( 10 ) '' Eligible statebank '' means abankorganized under Montana laws that : ( a ) is well-capitalized as defined in the prompt corrective action rules applicable to thebank ; and ( b ) has a composite rating of 1 or 2 under the Uniform Financial Institutions Rating System in connection with thebank 's most recent examination or subsequent review.\n\n( 11 ) '' Loans, '' \" extensions of credit, '' or \" obligations '' have the meaning in32-1-432, MCA , and any credit exposure determined under ARM2.59.129arising from aderivative transactionor a securities financing transaction.\n\n( a ) The terms include : ( i ) acontractual commitment to advance funds ; ( ii ) a maker or endorser 's obligation arising from abank 's discount of commercial paper ; ( iii ) abank 's purchase of third-party paper subject to an agreement that the seller will repurchase the paper upon default or at the end of a stated period. The amount of thebank 's loan is the total unpaid balance of the paper owned by thebankless any applicable dealer reserves retained by thebankand held by thebankas collateral security. Where the seller 's obligation to repurchase is limited, thebank 's loan is measured by the total amount of the paper the seller may ultimately be obligated to repurchase. Abank 's purchase of third-party paper without direct or indirect recourse to the seller is not a loan or extension of credit to the seller ; ( iv ) an overdraft, whether or not prearranged, but not an intraday overdraft for which payment is received before the close of business of thebankthat makes the funds available ; ( v ) the sale of federal funds with a maturity of more than one business day, but not federal funds with a maturity of one day or less or federal funds sold under a continuingcontract ; ( vi ) loansor extensions of credit that have been charged off on the books of thebankin whole or in part unless the loan or extension of credit is : ( A ) unenforceable by reason of discharge in bankruptcy ; ( B ) no longer legally enforceable because of expiration of the statute of limitations or a judicial decision ; or ( C ) no longer legally enforceable for other reasons provided that thebankmaintains sufficient records to demonstrate that the loan is unenforceable ; and The terms and conditions dictating the manner in which the derivative contract is to be settled are incorporated into the contract ; ( 5 ) If the derivative contract allows for cash settlement, the contract incorporates a robust valuation process to estimate loss with respect to the derivative reliably and specifies a reasonable period for obtaining post-credit event valuations of the reference exposure ; ( 6 ) If the derivative contract requires the protection purchaser to transfer an exposure to the protection provider at settlement, the terms of at least one of the exposures that is permitted to be transferred under the contract provides that any required consent to transfer may not be unreasonably withheld ; and ( 7 ) If the credit derivative is a credit default swap, the derivative contract clearly identifies the parties responsible for determining whether a credit event has occurred, specifies that this determination is not the sole responsibility of the protection provider, and gives the protection purchaser the right to notify the protection provider of the occurrence of a credit event renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limits ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, participants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, partqcipants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; s legally enforceable against the protection provider in a jurisdiction where the protection provider has sufficient assets against which a judgment may be attached and enforced ; ( f ) requires the protection provider to make payment to the beneficiary on the occurrence of a default ( as defined in the guarantee ) of the obligor on the reference exposure in a timely manner without the beneficiary first having to take legal action to pursue the obligor for payment ; ( g ) does not increase the beneficiary 's cost of credit protection on the guarantee in response to deterioration in the credit quality of the reference exposure ; and ( h ) is not provided by an affiliate of thebank, unless the affiliate is an insured depository institution, bank, securities broker or dealer, or insurance company that : ( i ) does not control thebank; and ( ii ) is subject to consolidated supervision and regulation comparable to that imposed on U.S. depository institutions, securities broker-dealers, or insurance companies as applicable Again you didn't have authority to control the selling closing of our agreement didn't create any contract and withheld information for reasonable consumer not aware of any disputes or pro- rata. No legal action was given to you in any court of Law, strong arming my credit report when not allowed. Please remove all inquiries from my credit report and not in compliance with applicable consumer credit information for the Government of United States protection providers in writing off the agreement with BORROWER. \nXXXX XXXXXXXX XXXX has sold the account without proper policy and procedures no notice letters of communication. No certificate from the Secretary of the treasury Authorizing Permission to sell close account This account has been on and off of my reports through The year harassment and damaging to my credit. \nOpen accounts that are going on now that I am still paying on and on. Going are being reported which do not need to be reported because because of exclusion and disclosure. And I never gave cassette to do anyconstantly harassing me constantly violating my rights. I'm reporting a business transaction when it's an LLC and it's not even in my name, it's KG 's l l c how could that be fair reporting. Depriving me of credit and what they wrote when I read my credit report is far from fait 's no wonder I can't access any credit.Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or I my sue as Above Law 's state. Hopefully the State and Federal regulations will make decisions on how much responsibility is being made by LENDER must notify debtor.\n\n5 U.S. Code 1692k U.S. Code Title 12 CHAPTER 35 3412 Title 12 U.S. Code 3412 - Use of information U.S. Code ( a ) Transfer of financial records to other agencies or departments ; certification Financial records originally obtained pursuant to this chapter shall not be transferred to another agency or department unless the transferring agency or department certifies in writing that there is reason to believe that the records are relevant to a legitimatelaw enforcement inquiry, or intelligence or counterintelligence activity, investigation or analysis related to international terrorism within the jurisdiction of the receiving agency or department.\n\n( b ) Mailing of copy of certification and notice to customer Whenfinancial recordssubject to this chapter are transferred pursuant to subsection ( a ), the transferring agency or department shall, within fourteen days, send to thecustomera copy of the certification made pursuant to subsection ( a ) and the following notice, which shall state the nature of thelaw enforcement inquirywith reasonable specificity : Copies of, or information contained in, yourfinancial recordslawfully in possession of have been furnished to pursuant to the Right of FinancialPrivacy Actof [ 12 U.S.C. 3401et seq. ] for the following purpose :. If you believe that this transfer has not been made to further a legitimatelaw enforcement inquiry, you may have legal rights under the FinancialPrivacy Actof 1978 or thePrivacy Act of 1974 [ 5 U.S.C. 552a ].\n\n( c ) Court-ordered delays in mailing Notwithstanding subsection ( b ), notice to thecustomermay be delayed if the transferring agency or department has obtained a court order delaying notice pursuant to section 3409 ( a ) and ( b ) of this title and that order is still in effect, or if the receiving agency or department obtains a court order authorizing a delay in notice pursuant to section 3409 ( a ) and ( b ) of this title. Upon the expiration of any such period of delay, the transferring agency or department shall serve to thecustomerthe notice specified in subsection ( b ) and the agency or department that obtained the court order authorizing a delay in notice pursuant to section 3409 ( a ) and ( b ) of this title shall serve to thecustomerthe notice specified insection 3409 ( b ) of this title.\n\n( d ) Exchanges of examination reports by supervisory agencies ; transfer of financial records to defend customer action ; withholding of information Nothing in this chapter prohibits anysupervisory agencyfrom exchanging examination reports or other information with anothersupervisory agency. Nothing in this chapter prohibits the transfer of acustomersfinancial recordsneeded by counsel for aGovernment authorityto defend an action brought by thecustomer.Nothing in this chapter shall authorize the withholding of information by any officer or employee of asupervisory agencyfrom a duly authorized committee or subcommittee of theCongress. \n\n( e ) Exchange of records, reports, or other information Notwithstandingsection 3401 ( 6 ) [ 1 ] of this title or any other provision of law, the exchange offinancial records, examination reports or other information with respect to a financial institution, holding company, or any subsidiary of a depository institution orholding company, among and between the five member supervisory agencies of the Federal Financial Institutions Examination Council, theSecurities and Exchange Commission, theFederal Trade Commission, theCommodity Futures Trading Commission, and the Bureau of Consumer Financial Protection is permitted. \n\n( f ) Transfer to Attorney General or Secretary of the Treasury ( 1 ) In generalNothing in this chapter shall apply whenfinancial recordsobtained by an agency or department of the United States are disclosed or transferred to the Attorney General or the Secretary of the Treasury upon the certification by a supervisory level official of the transferring agency or department that ( A ) there is reason to believe that the records may be relevant to a violation of Federal criminal law ; and ( B ) the records were obtained in the exercise of the agencys or departments supervisory or regulatory functions. \n\n( 2 ) Limitation on use Records so transferred shall be used only for criminal investigative or prosecutive purposes, for civil actions undersection 1833a of this title, or for forfeiture under sections [ 2 ] 981 or 982 of title 18 by theDepartment of Justiceand only for criminal investigative purposes relating to money laundering and other financial crimes by theDepartment of the Treasuryand shall, upon completion of the investigation or prosecution ( including any appeal ), be returned only to the transferring agency or department. No agency or department so transferring such records shall be deemed to have waived any privilege applicable to those records under law. \n\n( Pub. L. 95630, title XI, 1112, Nov. 10, 1978,92 Stat. 3705 ; Pub. L. 97320, title IV, 432 ( a ), Oct. 15, 1982,96 Stat. 1527 ; Pub. L. 100690, title VI, 6186 ( b ), Nov. 18, 1988,102 Stat. 4357 ; Pub. L. 10173, title IX, 944, Aug. 9, 1989,103 Stat. 498 ; Pub. L. 102242, title IV, 411 ( 1 ), Dec. 19, 1991,105 Stat. 2375 ; Pub. L. 102550, title XV, 1516, title XVI, 1606 ( b ), Oct. 28, 1992,106 Stat. 4059, 4087 ; Pub. L. 106102, title II, 231 ( b ) ( 2 ), title VII, 727 ( b ) ( 2 ), Nov. 12, 1999,113 Stat. 1407, 1475 ; Pub. L. 10756, title III, 358 ( f ) ( 1 ), Oct. 26, 2001,115 Stat. 327 ; Pub. L. 109455, 10, 13, Dec. 22, 2006,120 Stat. 3381, 3382 ; Pub. L. 111203, title X, 1099 ( 2 ), July 21, 2010,124 Stat. 2105 ; Pub. L. 112203, 1, Dec. 4, 2012,126 Stat. 1484 Remove your company from my credit report thank you. \n\nXXXX XXXX","date_sent_to_company":"2024-09-25T10:17:58.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"87301","tags":null,"has_narrative":true,"complaint_id":"10247528","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-09-25T10:17:55.000Z","state":"NM","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["I ask you to recognize that your company has <em>been</em> already proven to have <em>been</em> deleted by 3 <em>different</em> investigations 3 <em>different</em> times and has documented each time that the account was sold. U.S. Code Title 31 SUBTITLE III 31 U.S."]},"sort":[9.134487,"10247528"]},{"_index":"complaint-public-v1","_id":"10244917","_score":9.124405,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"15 U.S. Code 1681a - Definitions ; rules of construction Exclusions, giving me the right for the credit reporting Bureaus to not post my open accounts that means do not report late charges late payments, closed off accounts violation directly to my well-being integrity dignity Please provide me tge letter with my signature the written consent by me giving you access to my everyday, Transactions, not needed on my rports. \n12 U.S.C. 1813 ( q ) .12 CFR 32.2 32.5.\n\nCFPA section 1031 ( d ) sets forth the general standard for determining whether an act or practice is abusive.See12 U.S.C. 5531 ( d ) .Rule 11-508. Trade secrets A person may refuse to disclose and may prevent others from disclosing a trade secret owned by him. 27-2B-17 Public assistance.\n\n15 U.S.C.1681 ( a ) ( p ) 31-26-2. Purpose of Act.\n\nRecognizing the states concern for victims of crime, it is the purpose of the Victims of Crime Act to assure that : The full impact of a crime is brought to attention of a court. \nVictims of violent crimes are treated with dignity, respect and sensitivity at all stages of the criminal justice procesln Victims rights are protected by law enforcement agencies, prosecutors and judges as vigorously as are the rights of criminal defendants ; and The provisions of Article 2. Section 24 of the constitution of New Mexico are implemented in statute. \nBe treated with fairness and respect Timely disposition of the case Be reasonably protected from the accused throughout the criminal justiceprocess. \nMake a statement to the court at sentencing and at any post sentencing hearings for the accused. \nIf requested by the victim, of the necessity of the victims cooperation and testimony in a court proceeding that may necessitate the absence from work for good cause ; Information about the conviction ; sentencing ; imprisonment escape or release of the accused ;. a notice is required. As looking at all my past disputes I clearly have stated I never have received Any notice from XXXX XXXX XXXX or XXXX. \n15 U.S C.1681a p The notice required. 15 U.S C.1681 ( 2 ) Rule of construction To whom which is in Default : XXXX XXXX in the case of default due process was not established nor did any provision of any principal or interest has not been approved by protection providers. All Parties in New contract also was not approved ederal banking agency determines that a renewal or restructuring was undertaken Speaking directly the phone is not allowed and is a violation of credit protection Act attempting to collect a a debt precludes any further collection action and infringement of Breach of privacy additional violation directly to damage my constitutional rights having XXXX XXXX  and XXXX XXXXXXXX XXXX Permanently deleted from all three Credit reporting Bureaus, Equifax INC, XXXX and XXXX there investigations have proven that I am not responsible for this fraudulent practices in this case. \n86 FR 34617, XX/XX/XXXX ] ix ) A policy governing write-offs and settlements to include : Identification of agent ( s ) authorized to approve write-offs and settlements ; Authorization levels for write-offs and settlements of lines of credit instruments ; Required documentation for write-offs and settlements ; As we are bringing the following points of facts on the table and on Attorneys, notice required bysection 552a ( e ) ( 4 ) of title 5indicates that information in the system may be disclosed to aconsumer reporting agencyor commercial reporting agency, respectively. I ask you to recognize that your company has been already proven to have been deleted by 3 different investigations 3 different times and has documented each time that the account was sold. U.S. Code Title 31 SUBTITLE III 31 U.S. Code 3711 - Collection and compromise fraudulently witch means identity theft is clearly established you're the one who has stolen my identity and conspiracy against me intentionally harming my well-being integrity and Civil Liberties constitutional Rights as c a public body state agencie third-party entities acting for the Government discrimination against me also depriving me of my credit breaking policy and procedures Taking Unreasonable Advantage, as defined in the CFPA,. Under 1026.23 ( d ) ( 2 ), .for ensuring that appropriate referral and certificate of the controller of the monies and protection of the money with a signed New Contract by all parties including the Secretary of the Treasury . Reasonable Reliance : The third circumstance, of which entities can not take unreasonable advantage, as defined in the CFPA, concerns the reasonable reliance by the consumer on a covered person to act in the interests of the consumer.73 as well as notice of actions being taken to the transfer closure selling writing off of such account without the prior written consent and process of collection activity is void. In harassment and terrorists tactics against my I say under the color of law you are violating my Civil liberties constitutional Rights to understand I know my rights as well I am entitled to fairness and equal access to justice in the constitutional challenge of this violation of my constitutional rights and civil liberties, ( f ) if the derivativecontractrequires the protection purchaser to transfer an exposure to the protection provider at settlement, the terms of at least one of the exposures that is permitted to be transferred under thecontractprovide that any required consent to transfer may not be unreasonably withheld ; and ( g ) if thecredit derivativeis a credit default swap, the derivative contract : ( i ) identifies the parties responsible for determining whether a credit event has occurred ; ( ii ) specifies that the determination is not the sole responsibility of the protection provider ; and ( iii ) gives the protection purchaser the right to notify the protection provider of the occurrence of a credit event.\n\n( 8 ) '' Eligible guarantee '' means a guarantee that : ( a ) is written and unconditional ; ( b ) covers all or a pro rata portion of all contractual payments of the obligor on the reference exposure ; ( c ) gives the beneficiary a direct claim against the protection provider ; ( d ) is not unilaterally cancelable by the protection provider for reasons other than the beneficiary 's breach ofcontract ; ( e ) is legally enforceable against the protection provider in a jurisdiction where the protection provider has sufficient assets against which a judgment may be attached and enforced ; ( f ) requires the protection provider to make payment to the beneficiary on the occurrence of a default ( as defined in the guarantee ) of the obligor on the reference exposure in a timely manner without the beneficiary first having to take legal action to pursue the obligor for payment ; ( g ) does not increase the beneficiary 's cost of credit protection ; ( j ) a foreign banking organization ; ( k ) a non-U.S.-based securities firm or a non-U.S.-based insurance company that is subject to consolidated supervision and regulation comparable to that imposed on U.S. depository institutions, securities broker-dealers, or insurance companies ; and ( l ) aqualifying central counterparty.\n\n( 10 ) '' Eligible statebank '' means abankorganized under Montana laws that : ( a ) is well-capitalized as defined in the prompt corrective action rules applicable to thebank ; and ( b ) has a composite rating of 1 or 2 under the Uniform Financial Institutions Rating System in connection with thebank 's most recent examination or subsequent review.\n\n( 11 ) '' Loans, '' \" extensions of credit, '' or \" obligations '' have the meaning in32-1-432, MCA , and any credit exposure determined under ARM2.59.129arising from aderivative transactionor a securities financing transaction.\n\n( a ) The terms include : ( i ) acontractual commitment to advance funds ; ( ii ) a maker or endorser 's obligation arising from abank 's discount of commercial paper ; ( iii ) abank 's purchase of third-party paper subject to an agreement that the seller will repurchase the paper upon default or at the end of a stated period. The amount of thebank 's loan is the total unpaid balance of the paper owned by thebankless any applicable dealer reserves retained by thebankand held by thebankas collateral security. Where the seller 's obligation to repurchase is limited, thebank 's loan is measured by the total amount of the paper the seller may ultimately be obligated to repurchase. Abank 's purchase of third-party paper without direct or indirect recourse to the seller is not a loan or extension of credit to the seller ; ( iv ) an overdraft, whether or not prearranged, but not an intraday overdraft for which payment is received before the close of business of thebankthat makes the funds available ; ( v ) the sale of federal funds with a maturity of more than one business day, but not federal funds with a maturity of one day or less or federal funds sold under a continuingcontract ; ( vi ) loansor extensions of credit that have been charged off on the books of thebankin whole or in part unless the loan or extension of credit is : ( A ) unenforceable by reason of discharge in bankruptcy ; ( B ) no longer legally enforceable because of expiration of the statute of limitations or a judicial decision ; or ( C ) no longer legally enforceable for other reasons provided that thebankmaintains sufficient records to demonstrate that the loan is unenforceable ; and The terms and conditions dictating the manner in which the derivative contract is to be settled are incorporated into the contract ; ( 5 ) If the derivative contract allows for cash settlement, the contract incorporates a robust valuation process to estimate loss with respect to the derivative reliably and specifies a reasonable period for obtaining post-credit event valuations of the reference exposure ; ( 6 ) If the derivative contract requires the protection purchaser to transfer an exposure to the protection provider at settlement, the terms of at least one of the exposures that is permitted to be transferred under the contract provides that any required consent to transfer may not be unreasonably withheld ; and ( 7 ) If the credit derivative is a credit default swap, the derivative contract clearly identifies the parties responsible for determining whether a credit event has occurred, specifies that this determination is not the sole responsibility of the protection provider, and gives the protection purchaser the right to notify the protection provider of the occurrence of a credit event renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limits ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, participants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; renewal or restructuring of aloanas a new \" loanor extension of credit, '' following the exercise by abankof reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit, unless new funds are advanced by thebankto the borrower ( except in circumstances permitted under 12 CFR32.3 ( b ) ( 5 ) ), a newborrowerreplaces the originalborrower, or unless the department singly or in collaboration with the appropriate federal banking agency determines that a renewal or restructuring was undertaken as a means to evade thebank 's lending limit ; ( v ) amounts paid against uncollected funds in the normal process of collection ; ( ( vi ) with regard to participations : ( A ) that portion of aloanor extension of credit sold as a participation by abankon a nonrecourse basis, provided that the participation results in a pro rata sharing of credit risk proportionate to the respective interests of the originating and participating lenders. Where a participation agreement provides that repayment must be applied first to the portions sold, a pro rata sharing will be deemed to exist only if the agreement also provides that, in the event of a default or comparable event defined in the agreement, partqcipants shall share in all subsequent repayments and collections in proportion to their percentage participation at the time of the occurrence of the event ; s legally enforceable against the protection provider in a jurisdiction where the protection provider has sufficient assets against which a judgment may be attached and enforced ; ( f ) requires the protection provider to make payment to the beneficiary on the occurrence of a default ( as defined in the guarantee ) of the obligor on the reference exposure in a timely manner without the beneficiary first having to take legal action to pursue the obligor for payment ; ( g ) does not increase the beneficiary 's cost of credit protection on the guarantee in response to deterioration in the credit quality of the reference exposure ; and ( h ) is not provided by an affiliate of thebank, unless the affiliate is an insured depository institution, bank, securities broker or dealer, or insurance company that : ( i ) does not control thebank; and ( ii ) is subject to consolidated supervision and regulation comparable to that imposed on U.S. depository institutions, securities broker-dealers, or insurance companies as applicable Again you didn't have authority to control the selling closing of our agreement didn't create any contract and withheld information for reasonable consumer not aware of any disputes or pro- rata. No legal action was given to you in any court of Law, strong arming my credit report when not allowed. Please remove all inquiries from my credit report and not in compliance with applicable consumer credit information for the Government of United States protection providers in writing off the agreement with BORROWER. \nXXXX XXXXXXXX XXXX  has sold the account without proper policy and procedures no notice letters of communication. No certificate from the Secretary of the treasury Authorizing Permission to sell close account This account has been on and off of my reports through The year harassment and damaging to my credit. \nOpen accounts that are going on now that I am still paying on and on. Going are being reported which do not need to be reported because because of exclusion and disclosure. And I never gave cassette to do anyconstantly harassing me constantly violating my rights. I'm reporting a business transaction when it's an LLC and it's not even in my name, it's KG 's l l c how could that be fair reporting. Depriving me of credit and what they wrote when I read my credit report is far from fait 's no wonder I can't access any credit.Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or I my sue as Above Law 's state. Hopefully the State and Federal regulations will make decisions on how much responsibility is being made by LENDER must notify debtor.\n\n5 U.S. Code 1692k U.S. Code Title 12 CHAPTER 35 3412 Title 12 U.S. Code 3412 - Use of information U.S. Code ( a ) Transfer of financial records to other agencies or departments ; certification Financial records originally obtained pursuant to this chapter shall not be transferred to another agency or department unless the transferring agency or department certifies in writing that there is reason to believe that the records are relevant to a legitimatelaw enforcement inquiry, or intelligence or counterintelligence activity, investigation or analysis related to international terrorism within the jurisdiction of the receiving agency or department. \n\n( b ) Mailing of copy of certification and notice to customer Whenfinancial recordssubject to this chapter are transferred pursuant to subsection ( a ), the transferring agency or department shall, within fourteen days, send to thecustomera copy of the certification made pursuant to subsection ( a ) and the following notice, which shall state the nature of thelaw enforcement inquirywith reasonable specificity : Copies of, or information contained in, yourfinancial recordslawfully in possession of have been furnished to pursuant to the Right of FinancialPrivacy Actof [ 12 U.S.C. 3401et seq. ] for the following purpose :. If you believe that this transfer has not been made to further a legitimatelaw enforcement inquiry, you may have legal rights under the FinancialPrivacy Actof 1978 or thePrivacy Act of 1974 [ 5 U.S.C. 552a ].\n\n( c ) Court-ordered delays in mailing Notwithstanding subsection ( b ), notice to thecustomermay be delayed if the transferring agency or department has obtained a court order delaying notice pursuant to section 3409 ( a ) and ( b ) of this title and that order is still in effect, or if the receiving agency or department obtains a court order authorizing a delay in notice pursuant to section 3409 ( a ) and ( b ) of this title. Upon the expiration of any such period of delay, the transferring agency or department shall serve to thecustomerthe notice specified in subsection ( b ) and the agency or department that obtained the court order authorizing a delay in notice pursuant to section 3409 ( a ) and ( b ) of this title shall serve to thecustomerthe notice specified insection 3409 ( b ) of this title.\n\n( d ) Exchanges of examination reports by supervisory agencies ; transfer of financial records to defend customer action ; withholding of information Nothing in this chapter prohibits anysupervisory agencyfrom exchanging examination reports or other information with anothersupervisory agency. Nothing in this chapter prohibits the transfer of acustomersfinancial recordsneeded by counsel for aGovernment authorityto defend an action brought by thecustomer.Nothing in this chapter shall authorize the withholding of information by any officer or employee of asupervisory agencyfrom a duly authorized committee or subcommittee of theCongress.\n\n( e ) Exchange of records, reports, or other information Notwithstandingsection 3401 ( 6 ) [ 1 ] of this title or any other provision of law, the exchange offinancial records, examination reports or other information with respect to a financial institution, holding company, or any subsidiary of a depository institution orholding company, among and between the five member supervisory agencies of the Federal Financial Institutions Examination Council, theSecurities and Exchange Commission, theFederal Trade Commission, theCommodity Futures Trading Commission, and the Bureau of Consumer Financial Protection is permitted.\n\n( f ) Transfer to Attorney General or Secretary of the Treasury ( 1 ) In generalNothing in this chapter shall apply whenfinancial recordsobtained by an agency or department of the United States are disclosed or transferred to the Attorney General or the Secretary of the Treasury upon the certification by a supervisory level official of the transferring agency or department that ( A ) there is reason to believe that the records may be relevant to a violation of Federal criminal law ; and ( B ) the records were obtained in the exercise of the agencys or departments supervisory or regulatory functions.\n\n( 2 ) Limitation on use Records so transferred shall be used only for criminal investigative or prosecutive purposes, for civil actions undersection 1833a of this title, or for forfeiture under sections [ 2 ] 981 or 982 of title 18 by theDepartment of Justiceand only for criminal investigative purposes relating to money laundering and other financial crimes by theDepartment of the Treasuryand shall, upon completion of the investigation or prosecution ( including any appeal ), be returned only to the transferring agency or department. No agency or department so transferring such records shall be deemed to have waived any privilege applicable to those records under law. \n\n( Pub. L. 95630, title XI, 1112, Nov. 10, 1978,92 Stat. 3705 ; Pub. L. 97320, title IV, 432 ( a ), Oct. 15, 1982,96 Stat. 1527 ; Pub. L. 100690, title VI, 6186 ( b ), Nov. 18, 1988,102 Stat. 4357 ; Pub. L. 10173, title IX, 944, Aug. 9, 1989,103 Stat. 498 ; Pub. L. 102242, title IV, 411 ( 1 ), Dec. 19, 1991,105 Stat. 2375 ; Pub. L. 102550, title XV, 1516, title XVI, 1606 ( b ), Oct. 28, 1992,106 Stat. 4059, 4087 ; Pub. L. 106102, title II, 231 ( b ) ( 2 ), title VII, 727 ( b ) ( 2 ), Nov. 12, 1999,113 Stat. 1407, 1475 ; Pub. L. 10756, title III, 358 ( f ) ( 1 ), Oct. 26, 2001,115 Stat. 327 ; Pub. L. 109455, 10, 13, Dec. 22, 2006,120 Stat. 3381, 3382 ; Pub. L. 111203, title X, 1099 ( 2 ), July 21, 2010,124 Stat. 2105 ; Pub. L. 112203, 1, Dec. 4, 2012,126 Stat. 1484 Remove your company from my credit report thank you. \n\nXXXX XXXX","date_sent_to_company":"2024-09-25T10:17:46.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"87301","tags":null,"has_narrative":true,"complaint_id":"10244917","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-09-25T09:48:49.000Z","state":"NM","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["I ask you to recognize that your company has <em>been</em> already proven to have <em>been</em> deleted by 3 <em>different</em> investigations 3 <em>different</em> times and has documented each time that the account was sold. U.S. Code Title 31 SUBTITLE III 31 U.S."]},"sort":[9.124405,"10244917"]},{"_index":"complaint-public-v1","_id":"3668402","_score":8.806126,"_source":{"product":"Student loan","complaint_what_happened":"COMPLAINT HEREIN IS GIVEN BY XXXX XXXX XXXX/STUDENT LOAN BORROWER ( HEREINAFTER, BORROWER ) UNDER OATH/PENALTY OF PERJURY AGAINST FEDLOAN SERVICING/PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY ( PHEAA ) XXXX XXXX XXXX , PHEAA PRESIDENT AND CHIEF EXECUTIVE OFFICER ( CEO ), ET AL. ( HEREINAFTER, FEDLOAN ), XXXX ADMITTED AGENT ( S ) OF DEPARTMENT OF EDUCATION AND UNITED STATES SECRETARY OF EDUCATION, XXXX XXXX XXXX, FOR KNOWING AND WILLFUL REPEATED STUDENT LOAN REPAYMENT FALSE REPRESENTATIONS TO U.S. GOVERNMENT RECORDS ( NATIONAL STUDENT LOAN DATA SYSTEM, NSLDS ) AND TO XXXX, XXXX, XXXX, ( HEREINAFTER, CREDIT REPORTING AGENCIES, CRAS ) BORROWERS CREDIT REPORTS TO GAIN MORE THAN {$100000.00} STUDENT LOAN PAYMENT NOT OWED. \n\nFEDLOAN EXPRESS ADMISSIONS RE XXXX XXXX FEDLOAN GROUPED-SEVEN-LOAN ACCOUNT. \n\nUnder Standard Loan Repayment Plan ( 120 fixed equal monthly payments to paid-in-full ), from XX/XX/XXXX through and including XX/XX/XXXX, borrower made 99/120 timely, monthly, as billed/equal payments of {$1000.00}, total repaid to date about {$100000.00}, total six-loans-grouped-account current outstanding, about {$17000.00}, ( EXHIBIT 1., EXHIBIT 2., and EXHIBIT 4. pages 2-3. ). A seventh loan, listed by FedLoan in NSLDS, was never disbursed to borrower, balance : XXXX. \n\nCOMPLAINT : FEDLOANS ONGOING PATTERN-OF-PRACTICE SCHEME TO COLLECT APPROXIMATELY DOUBLE PAYMENT AMOUNT OWED. \n\nFedLoans actions complained herein occurred from about XX/XX/XXXX-Present-XX/XX/XXXXongoing. \n\nFedLoans pattern-of-practice scheme of false repayment representations began after borrower, account in good standing, had completed about 70/120 payments ( XXXX, EXHIBIT 5. ) and 99/120 payments ( XXXX, EXHIBIT 6. and EXHIBIT 7. ). FedLoans false representations, left unchallenged, increase borrowers XXXX outstanding debt by about {$100000.00}, and in XXXX, {$120000.00} ( debt not owed ) ; and increase by 8-10 years borrowers repayment term ( EXHIBIT 5. Terms [ each of six loans ] : 132 Months-147 Months ), i.e. an increase from 120 months/10 years ( Standard Loan Repayment Plan ) to 18-20 years repayment total. \n\nTHE TWO ISSUES OF HEREIN COMPLAINT ARE : I. FEDLOANS FALSE REPRESENTATION ( S ) REPAYMENT RECORDS, EXPRESS DEMAND FOR BORROWER TO REPAY DEBT NOT OWED. \nTIMELINE FEDLOANS WILLFUL AND KNOWING FALSE REPAYMENT REPRESENTATIONS THROUGH PRESENT-XX/XX/XXXX. \n\n1. FedLoans billing not fixed not equal monthly payments, unquestionable breach of Standard Loan Repayment ( 120 months fixed equal payments to paid in full, EXHIBIT 4. Page 3 ). \nFedLoan billed {$150.00} outstanding interest, paid by borrower XX/XX/XXXX, check number XXXX. \nLoans entered repayment XX/XX/XXXX : FedLoan billed {$1200.00} monthly payment grouped-six-loans account paid by borrower XX/XX/XXXX, check number XXXX. \nFedLoan billed {$1000.00} monthly payment, paid by borrower on XX/XX/XXXX, check number XXXX. \nFedLoan billed {$0.00} due XX/XX/XXXX. \nFedLoan billed {$690.00} monthly payment, paid by borrower on XXXXXX/XX/XXXX, check number XXXX. \nFedloan monthly billed {$1000.00} ( EXHIBIT 4. FedLoan letter page 3 ), XX/XX/XXXX through and including XX/XX/XXXX. Payment allocations to each of six loans ( EXHIBIT 4. FedLoan Letter, page 3, Table ) are reflected in EXHIBIT 1. from XX/XX/XXXX through and including XX/XX/XXXX. \n2. FedLoans knowing and willful payments misallocation ( EXHIBIT 1. ). FedLoan, thereby, engineers fictitious underpayment representation ( s ). \nFedLoan knowingly and willfully misallocated borrowers monthly payment of {$1000.00} among the six loans in repayment so that loans were simultaneously overpaid- and remaining loans were underpaid ; then the next month FedLoan alternating the loans to make prior overpaid loans underpaid and prior underpaid loans overpaid, repeating for XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX ( EXHIBIT 1. ). The net result was that despite borrowers timely {$1000.00} monthly payments all five said months, most/if not all six individual loans falsely represented underpayment one or more times during these five months misallocations time period. \n3. FedLoan ( EXHIBIT 5. XXXX, CRAs example ) falsely represents to CRAss borrowers credit reports : Terms extension from 50/120 monthly payments remaining to 132-147 monthly payments outstanding ; Status Deferred, payments begin XX/XX/XXXX ( contradicted by EXHIBIT 1. FedLoans account review showing 70/120 Standard Loan Repayment payments made timely, as billed/equal payments of $ XXXX/month ) ; and Comment : Account in Forbearance. ( No Forbearance requested or consented to by borrower, per se unlawful. ) 4. FedLoans knowing and willful monthly billing underpayment amounts in clear violation of Standard Repayment Plan ( $ XXXX/month, EXHIBIT 4., page 3 ), absent legally required express notification to borrower. \nXX/XX/XXXX- {$900.00} billed/ {$1000.00} paid ; XX/XX/XXXX- {$980.00} billed/ {$1000.00} paid ; XX/XX/XXXX- {$1000.00} billed/ {$1000.00} paid ; XX/XX/XXXX- {$1000.00} billed// {$1000.00} paid ; ( EXHIBIT 2. ). \nXX/XX/XXXX-Present-XX/XX/XXXXbilled {$1000.00}, borrower paid {$1000.00} every month ( EXHIBIT 2. ). ( EXHIBIT 4. FedLoan letter, page 3, Standard Loan Repayment is $ XXXXmonth/120 months to paid-in-full ) 5. FedLoan knowingly and willingly falsely represents to NSLDS ( EXHIBIT 6. ) on or shortly after XX/XX/XXXX : Borrowers six loans entered repayment XX/XX/XXXX. Yet, FedLoan ADMITS loans entered repayment XX/XX/XXXX, EXHIBIT 1., EXHIBIT 2. and EXHIBIT 4. ) borrowers account shows 99/120 payments from XX/XX/XXXX through and including XX/XX/XXXX. \nBorrowers six loans are Repayment Progress 82 % -94 %, yet inexplicably in NSLDS FedLoan falsely represents borrower XX/XX/XXXX has {$120000.00} Amount Remaining, after borrower made 99/120 monthly payments, total repayment of about {$100000.00} through and including XX/XX/XXXX ( EXHIBIT 1. and EXHIBIT 2. ). Further, FedLoan ADMITS ( EXHIBIT 2., page 1 ) borrowers outstanding debt, after XX/XX/XXXX payment is credited, is about {$17000.00} ( EXHIBIT 2., page 1 ). \n6. Fedloan knowingly and willingly falsely represents to CRAs borrowers credit reports ( EXHIBIT 7. XXXX, example ) XX/XX/XXXX : High Balance of six loans original unpaid amount from XX/XX/XXXX to XX/XX/XXXX for each of borrowers six student loans, thereby, FedLoan denies borrowers 99/120 months loans repayment through XX/XX/XXXX. Yet, FedLoan ADMITS 99/120 payments completed EXHIBIT 1. and EXHIBIT 2. \nTerms paid monthly for 120 months for each of borrowers six student loans, thereby, FedLoan denies borrowers 99/120 months loans repayment through XX/XX/XXXX. Yet, FedLoan ADMITS 99/120 payments completed EXHIBIT 1. and EXHIBIT 2., and only about 17/120 months, $ XXXX/month repayment outstanding. \nIn summary, FedLoan represents in monthly billing to borrower ( EXHIBIT 1. and EXHIBIT 2. ) good standing loans repayment ; while FedLoan knowingly and willingly simultaneously falsely represents to U.S. government database, NSLDS ( EXHIBIT 6. ), and to CRAs borrowers credit reports ( EXHIBIT 5. XXXX, example. and EXHIBIT 7. XXXX, example. ) borrowers alleged nonpayment/underpayment. \n\nII. FEDLOANS ARBITRARY UNILATERAL PER SE UNLAWFUL FORBEARANCES AND -DEFERMENT TO OBFUSCATE FEDLOANS FALSE REPAYMENT REPRESENTATIONS, TWO OF FOUR FORBEARANCES APPLIED TO BORROWERS ACCOUNT RETROACTIVELY. \n\nSecond, to obfuscate FedLoans willful and knowing false repayment representations ( Issue I. ), FedLoan unilaterally imposed numerous Forbearances ( two, in the last three weeks, XX/XX/XXXX-XX/XX/XXXX on borrowers grouped-six-loan-account, EXHIBIT 3. ). A legal definition of Forbearance is given 34 C.F.R. 682.211 ( a ) ( 1 ) : Forbearance means permitting the temporary cessation of payments, allowing an extension of time for making payments, or temporarily accepting smaller payments than previously were scheduled. Thereby, per se unlawful ( imposed absent borrowers request or consent ) Forbearance ( s ), FedLoan willfully and knowingly represents false borrowers default or nonpayment or underpayment when neither default nor untimely, nor nonpayment, nor underpayment exists. ( EXHIBIT 1 and EXHIBIT 2, FedLoan ADMITTED XX/XX/XXXX through XX/XX/XXXX, 99/120 timely, monthly, equal-/as billed payments of {$1000.00}, total to date about {$100000.00} repaid, total six-loans-grouped-account current outstanding, about {$17000.00}, Standard Loan Repayment-120 fixed equal monthly payments to paid-in-full ). \n\nFEDLOANS FORBEARANCES AND DEFERMENT ARE PER SE UNLAWFUL AND MUST BE EXPUNGED. \n\nTo lawfully place a Forbearance on borrowers account FedLoan must : ( i ) 34 C.F.R. 682.211 ( b ) ( 1 ) prior have the borrowers consent ( oral and/or written ) ; ( ii ) 34 C.F.R. 682.211 ( a ) ( 1 ) borrowers account is in default, or nonpayment, or delinquent ; ( iii ) 34 C.F.R. 682.211 ( e ) ( 1 ) when Forbearance is granted and placed on borrowers account FedLoan must expressly specify the terms of the Forbearance to borrower ; ( iv ) 34 C.F.R. 682.211 ( e ) ( 2 ) ( vi ) at any time upon borrowers request FedLoan must cancel Forbearance. \n\nTo lawfully place a Deferment on borrowers account FedLoan must : ( i ) 34 C.F.R. 685.204 ( a ) ( 4 ) ( i ) the borrower must request the deferment andprovide the Secretary with all information and documents required to establish eligibility for the deferment. \n( i ) 34 C.F.R. 685.204 ( a ) ( 5 ) ( iii ) If the Secretary grants a deferment, the Secretary notifies the borrower that the deferment has been granted and that the borrower has the option to cancel the deferment and continue to make payments on the loan. \nNone of said four requirements for Forbearance ( 34 C.F.R. 682.211 Forbearance. ) or two requirements for Deferment ( 34 C.F.R. 685.204. Deferment. ) exist from 03 XXXX XXXX-Present ( XX/XX/XXXX ) for borrowers group-six-loan-account serviced by FedLoan ( EXHIBIT 3. Table 1. List of Forbearances and Deferment since XXXX XX/XX/XXXX ). Further, borrower finds no provision in 34 C.F.R. 682.211 or borrowers Master Promissory Notes ( MPNs ) contract for FedLoan lawfully to retroactively ( XXXX XX/XX/XXXX express notice ) unilaterally to apply Forbearance ( effective XXXX XX/XX/XXXX ) to nonconsenting borrowers account in good standing during which retroactive-Forbearance three monthly payments ( $ XXXX XXXX, $ XXXX XXXX, $ XXXX XXXX, EXHIBIT 2 ) have already been billed by FedLoan and timely paid by borrower ( EXHIBIT 2. pages 1-6 ) to FedLoan. FedLoan never provided legally required, 34 C.F.R. 685.204 ( a ) ( 5 ) ( iii ), notice retroactive Deferment ( EXHIBIT 5. ) existed to borrower, borrower being monthly billed by FedLoan and paying uninterrupted {$1000.00} monthly ( EXHIBIT 1. ) throughout said fictitious CRAs borrowers credit reports published Deferment, ending XX/XX/XXXX ( EXHIBIT 5. XXXX, CRAs example, XXXX XX/XX/XXXX, Status. ). \n\nFEDLOANS PER SE UNLAWFUL FORBEARANCES AND DEFERMENT XXXX FOLLOW BORROWERS COMPLAINTS OF FEDLOANS FALSE REPAYMENT REPRESENTATIONS ( EXHIBIT 3. Table 1. Forbearances and Deferment List. ). \n\nSee, Consumer Financial Protection Bureau, CFPB, complaints : XXXX, submitted XX/XX/XXXX ; XXXX, submitted XX/XX/XXXX ; XXXX, submitted XX/XX/XXXX. ) Said XXXX CFPB complaints reflect replicated intentional fraud as herein XXXX complaint fraud-/extortionate process. ( EXHIBIT 7. Last page, borrowers 100-word dispute statement in XXXX. ) FedLoan via per se unlawful Forbearances and Deferment scheme, herein described, willfully and knowingly and repeatedly ( XXXX ) represents false borrower nonpayment/underpayment/default and by said fictitious unpaid-debt reports repeatedly attempts to justify unjustifiable false representations to obtain approximately double repayment amount ( EXHIBIT 5., EXHIBIT 6., and EXHIBIT 7. ), from borrower, in clear violation of Master Promissory Note ( s ) contract ( s ). Said FedLoan express allegation ( s ) of nonpayment/underpayment/default by insertion of about four per se unlawful Forbearances and one per se unlawful Deferment in less than three years in NSDLS and CRAs borrowers credit reports clearly will be deemed libel per se to extort from borrower more than double repayment owed. \n\nAll four Forbearances FedLoan placed on borrowers account from XXXX XXXX and Deferment FedLoan through XXXX reported XXXX XX/XX/XXXX are per se unlawful and must be expunged, failing compliance with 34 C.F.R. 682.211 and 34 C.F.R. 685.204. prerequisites/requirements and borrowers MPNs, latter, unambiguous breach of contract by FedLoan . \n\nBORROWERS STATEMENT. \n\nBorrowerXXXX XXXX XXXX reiterates under penalty of perjury that after borrowers student loans serviced by FedLoan entered repayment on XX/XX/XXXX : ( i ) Borrower never requested- nor by any means ( oral or written ) assented to any Forbearance or Deferment ; ( ii ) Borrower never deviated from-, or modified-, or assented to any modification from Standard Loan Repayment ( 120 equal monthly payments, $ XXXX/month, to paid-in-full, now through XX/XX/XXXX, 99/120 payments completed, about {$100000.00} paid, as of XX/XX/XXXX, borrower owes about {$17000.00} total to paid-in-full for six ( a seventh loan was never disbursed/canceled, {$0.00} owed ) loans grouped account ( EXHIBIT 1 and EXHIBIT 2 ) ; ( iii ) In EXHIBIT 1., EXHIBIT 2. compare payments amount ( $ XXXX/month ) and dates paid with XXXX Deferment and XXXX Forbearances dates listed in EXHIBIT 3. Borrower made every monthly payment ( grouped-, six loans account ) uninterrupted, timely, as billed/equal payment, and continued uninterrupted equal $ XXXXmonth payment timely every month throughout all FedLoans per se unlawful Forbearances ( XXXX-XXXX  about four Forbearances in less than 3 years, and, throughout the CRAs borrowers credit reports fictitious Deferment ( EXHIBIT 5. XXXX, example, dated XXXX XXXX XXXX, showing unlawful pop-up/absent borrowers request or consent, and, absent Deferment terms and conditions notice to borrower ) ; ( iv ) Every monthly payment was made by paper check, bank records verification showing date and amount paid/withdrawn ( EXHIBIT 2., last three pages, examples ), and check, sent via US mail FedLoan receipt signature-required ( proves timely receipt by FedLoan ) ; and ( v ) Borrower retains original executed copies of Master Promissory Notes ( MPNs ) for student loans serviced by FedLoan . \n\nBORROWERS PRIOR NOTICE TO FEDLOAN AND SECOND UNLAWFUL NONCONSENSUAL FORBEARANCE UNILATERALLY BY FEDLOAN XX/XX/XXXX. \n\nBorrower orally/by phone : XXXX, provided notice and request for correction to FedLoan of herein false student loans repayment representations in NSLDS and CRAs borrowers credit reports and nonreceipt of US mail XX/XX/XXXX billing for monthly payment due XX/XX/XXXX : XXXX XXXX XXXX about XXXX XXXX XXXX employee ID, XXXX ; XX/XX/XXXX about XXXX XXXX XXXX, ID, XXXX, transferred about XXXX to XXXX , ID, XXXX ; XX/XX/XXXX about XXXX XXXX XXXX , ID, XXXX ; XX/XX/XXXXabout XXXX XXXX XXXX  , ID XXXX ; XX/XX/XXXX about XXXX XXXX XXXX , ID, XXXX. On XX/XX/XXXX, after borrower reported said fraudulent repayment reporting and XX/XX/XXXX-XX/XX/XXXX unlawful Forbearance, XXXX stated XX/XX/XXXX that as a result of borrowers phone call borrowers grouped FedLoan account would undergo Administrative Review purportedly resulting in a second Administrative Forbearance, now, two fraudulent Forbearances ( XX/XX/XXXX and XX/XX/XXXX ) unilaterally FedLoan imposed on borrowers grouped-six-loans-account in the past three ( 3 ) weeks. XXXX received neither request nor consent from borrower to impose said Forbearance, no notice of terms and conditions of said Forbearance has been received by borrower to date-XX/XX/XXXX. On XXXX XX/XX/XXXX about XXXX XXXX XXXX, ID XXXX stated in error XX/XX/XXXX retroactive Forbearance had been expunged from NSLDS on XXXX XX/XX/XXXX ; denied knowledge of false XX/XX/XXXX repayment start date in NSLDS and also, denied knowledge of outstanding [ six-loans ] balance of {$120000.00}. Borrower reiterated that said false representations were extortionate and borrower would file formal complaint unless all was corrected within next 24 hours ( borrower having provided prior notice from XX/XX/XXXX to no avail ). \n\nFEDLOANS KNOWING AND WILLFUL HARM TO BORROWER FOLLOWING BORROWERS COMPLAINTS RE FEDLOANS PER SE UNLAWFUL ONGOING ACTS. \n\nAs licensed attorney, borrowers professional license is predicated on financial responsibility mandated by ethics rules and state law ( Mass. Gen. XXXX XXXX. Ch. XXXX ). Here, FedLoan knowing that said outstanding debt express representation of about {$120000.00} was false ( EXHIBIT 1. and EXHIBIT 2. ), willingly repeatedly ( XXXX-XXXX  ) falsely represented to the US government National Student Loan Data System, NSLDS, and CRAs, for publication as fact that borrower owes ( EXHIBIT 5., EXHIBIT 6., EXHIBIT 7. ) over {$100000.00} and via numerous unlawful Forbearances and -Deferment false representations ( XXXX-XXXX  ) borrower ( a licensed attorney ) delayed/defaulted/underpaid six student loans repayment ( EXHIBIT 3. ). \n\nFedLoans said knowing and willful false representations of {$120000.00} borrowers outstanding debt XXXX ( EXHIBIT 6. ) : ( i ) directly caused material harm to borrowers ability to obtain credit upon rational terms ; ( ii ) expressly placed borrowers professional ethics, re financial responsibility in question in official government records and CRAs credit reports used by financial institutions and prospective employers ; thereby ( iii ) FedLoan knowingly and willingly actually putting borrowers professional license, in jeopardy ; and ( iv ) literally taking-by-fraud unpaid months of borrowers professional effort ( from profitable endeavor ) to challenge FedLoans XXXX-XXXX repeated per se libel for monetary per se extortion of about double repayment owed by MPNs contract ( s ). Borrower respectfully asserts FedLoans knowing and repeated false representations published ( willfully disclosed to third parties ) in government records and credit reports meet the definition of libel for per se extortion. 28 U.S.C. 4101 ( 1 ) states : In this chapter : ( 1 ) Defamation. \nThe term defamation means any action or other proceeding for defamation, libel [ written ], slander, or similar claim alleging that forms of speech are false, have caused damage to reputation or emotional distress, have presented any person in a false light, or have resulted in criticism, dishonor, or condemnation of any person. \n( https : XXXX, last viewed XX/XX/XXXX. ) 18 U.S.C. 872. Extortion by officers or employees of the United States. \nWhoever, being an officer, or employee of the United States or any department or agency thereof, or representing himself to be or assuming to act as such, under color or pretense of office or employment commits or attempts an act of extortion, shall be fined under this title or imprisoned not more than three years, or both ; but if the amount so extorted or demanded does not exceed {$1000.00}, he shall be fined under this title or imprisoned not more than one year, or both. \n( https : XXXX, last viewed XX/XX/XXXX ) To argue FedLoans repeated false representations to collect double monetary repayment were good faith mistakes ( EXHIBIT 1. and EXHIBIT 2. FedLoans ADMISSION of borrowers good standing repayment ) lacks modicum of rational credibility. \n\nREMEDY REQUESTED. \n\nIn accordance with both federal and state law, XXXX XXXX XXXXstudent loan borrower respectfully requests that FedLoan be required : ( i ) to permanently expunge extortionate/false current {$120000.00} outstanding debt, reported on or after XX/XX/XXXX-Present-XX/XX/XXXXto NSLDS, CRAs credit reports, and all other records of XXXX XXXX/borrowers FedLoan student loan account ; ( ii ) to permanently expunge all per se unlawful Forbearances and Deferment ( s ) dating from XX/XX/XXXX-Present-XX/XX/XXXXfrom borrowers NSLDS account, CRAs credit reports, and all other student loan repayment records that may exist for XXXX XXXX XXXX ; ( iii ) Per the Coronavirus Aid, Relief, and Economic Security Act ( H.R. 748 ), CARES Act 3513, signed into law XX/XX/XXXX, FedLoan credits 100 % borrowers payments XX/XX/XXXX through and including XX/XX/XXXX to payment of principal in accordance with Department of Education guidance : During the period of 0 % interest ( XX/XX/XXXX, through XX/XX/XXXX ), the full amount of your payments will be applied to principal once all the interest that accrued prior to XX/XX/XXXX is paid ( https : //studentaid.gov/announcements-events/coronavirus, last viewed XXXX XX/XX/XXXX ) ; ( iv ) In accordance with federal and state law, FedLoan make all monthly repayment representations accurately/factually/timely in NSLDS and in CRAs borrowers credit reports and all other student loan repayment records that may exist for borrower/XXXX XXXX XXXX, specifically including correction of every monthly repayment misallocation ( XXXX XXXX-XX/XX/XXXX, and XX/XX/XXXX through XX/XX/XXXX, EXHIBIT 1. ) resulting in under- or overpayment of borrowers six loans in repayment ( EXHIBIT 4. FedLoan Letter, Table, page 3, shows amount of fixed equal {$1000.00} monthly payment apportioned to each of six loans ) ; ( v ) Only one, the valid repayment start date, XX/XX/XXXX, be shown in NSLDS and CRAs borrowers credit reports and all other false representations of more recent repayment start date ( s ) be permanently expunged in NSLDS and CRAs debtors credit reports and any other existing repayment records for borrower ; ( vi ) Per FedLoans Standard Loan Repayment express XXXX agreement ( EXHIBIT 4. FedLoan letter. ) FedLoan bills borrower timely ( lawfully, 20 days ahead of each payment due date, XXXX day of each month ) by U.S. mail for $ XXXX/month grouped-six-loans-account until paid-in-full. FedLoan ADMITS borrowers grouped six-loans-account outstanding is about {$17000.00} ( approximately 17 months ) repayment remaining ( EXHIBIT 2. page 1, also including payment of {$1000.00} FedLoan received XX/XX/XXXX, page 4. ). \n\n( vii ) If these reasonable and lawful remedies, permanently to expunge all false/inaccurate, per se unlawful student loan repayment and credit report ( s ) representations, are not completed with express proof of all corrections completion provided XXXX XXXX/borrower within 15 calendar days of herein CFPB Complaint, borrower will initiate formal state and federal proceedings against all parties involved in said per se libel-for-extortion scheme to include, but be not limited to : FedLoan Servicing/Pennsylvania Higher Education Assistance Agency/PHEAAXXXX XXXX XXXX, PHEAA President and Chief Executive Officer, CEO, et al. ; Department of Education ; Department of Education Secretary, XXXX XXXX XXXX ; XXXX, XXXX, XXXX and others propagating said false representations. Allegations will include but not be limited to : U.S. mail fraud ( 18 U.S.C.1341 ), U.S. wire fraud ( 18 U.S.C.1343 ) ; violation of False Statements Accountability Act ( 18 U.S.C. 1001 ) ; Racketeer Influenced and Corrupt Organizations/RICO ( 18 U.S.C. 1961-1968 ) ; and violations of : MD Code Com Law 3 & 4 ; Electronic Funds Transfer Act ( 15 U.S.C. 1693-1693r, implemented through Regulation E, 12 CFR Part 1005 ) ; Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq., implemented through Regulation V, 12 CFR 1022 ) ; Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5511 et seq. ) ; Gramm-Leach-Bliley Act, Pub. L. No. 106-102, 113 Stat. 1338, codified in relevant part primarily at 15 U.S.C. 6801-6809 [ Regulation P, privacy violations ], 6821-6827, prohibiting obtaining customer information of a financial institution by false pretenses ; 28 U.S.C. 4101 ( 1 ) ; 18 U.S.C. 872 ; 18 U.S.C. 242 ; and 42 U.S.C. 1983. \n\nBorrower will through litigation by a law firm experienced in libel re student loan repayment representation ( s ) and student loan servicer repayment reporting fraud to gain money not due or owing, request all court costs, all attorneys fees, treble damages plus such punitive damages the Consumer Financial Protection Bureau, Federal Trade Commission and/or court shall deem appropriate for FedLoans pattern-of-practice scheme per se to extort about {$120000.00}, thereby knowingly and willfully causing foreseeable material harm to borrowers finances, credit, professional reputation as licensed attorney, and professional time unpaid spent to challenge FedLoans repeated per se unlawful/extortionate acts. \n\nLIST OF SEVEN ( 7 ) EXHIBITS ATTACHED AS .pdf. \n\nEXHIBIT 1. FedLoans Account Review, dated XX/XX/XXXX, for Borrowers Grouped-Six-Loans Account. Borrowers repayment history for six loans in repayment from repayment start date, XX/XX/XXXX, uninterrupted timely repayment to XX/XX/XXXX. [ Thirty ( 30 ) pages. ] EXHIBIT 2. FedLoans Monthly Billing Showing Borrowers Account Status from XX/XX/XXXX through and including XX/XX/XXXX Payment-XX/XX/XXXX Bill, Includes Three ( 3 ) Bank Statements, XX/XX/XXXX-XX/XX/XXXX ( last 3 pages, one example time period when FedLoan misallocated payments among six loans ). FedLoan expressly ADMITS in every monthly billing statement, XX/XX/XXXX-XX/XX/XXXXtimely, full-amount-due ( $ XXXX/month six loans grouped account payment ), repayment receipt : Total paid since your last statement {$1000.00}, i.e. amount paid the month prior to month date billed. ( See, lower left box of each billing statement XX/XX/XXXX through XX/XX/XXXX ). [ Thirty ( 30 ) pages. ] EXHIBIT 3. TABLE 1. Summarizes FedLoans Per Se Unlawful Forbearances and One Deferment ( EXHIBIT 5. ) From XXXX XXXX-Present. FedLoan EXPRESSLY ADMITS in EXHIBIT 1. and EXHIBIT 2. borrower paid uninterrupted $ XXXX/month, timely, throughout all four said per se unlawful Forbearances and per se unlawful Deferment. \n\nEXHIBIT 4. FedLoan Letterhead Letter Dated XX/XX/XXXX. Fedloan responds to borrowers repeated requests ( XX/XX/XXXX-XX/XX/XXXX ) for FedLoan to bill borrower via Standard Loan Repayment, i.e. equal, fixed, payments 120 months to paid-in-full using US mail billing. FedLoan affirms Standard Loan Repayment of $ XXXXmonth with tabular distribution ( page 3 ) shown among six-loans in borrowers grouped-account. Further, FedLoan explains different amounts/month billed borrower XX/XX/XXXX-XX/XX/XXXX, which bills borrower paid timely as billed. \n[ Four ( 4 ) pages. ] EXHIBIT 5. Borrowers XXXX ( CRAS, Example ) Credit Report Dated XX/XX/XXXX. XXXX report showing FedLoans : ( i ) false representation of six loans repayment term ( s ), here 132-147 months from XX/XX/XXXX, payment extension of 8-10 years, to total of 18-20 years repayment, after borrower already paid about 70/120 months to paid-in-full ; ( ii ) Forbearance [ in effect ], per se unlawful, neither requested nor assented to by borrower ; ( iii ) Deferment [ in effect ], per se unlawful, absent legal notice required by law, and neither requested- nor assented by borrower. Thereby, said repayment term false representation FedLoan reports to NSLDS and CRAs both : ( a ) about eight ( 8 ) years of nonpayment ( directly contradicted by EXHIBIT 1. and EXHIBIT 2. FedLoan express good standing borrowers account admissions ) ; and ( b ) falsely represents borrower has substantive, over {$100000.00}, outstanding debt ( directly contradicted by EXHIBIT 2., page 1. FedLoan admission Current Balance, {$17000.00} after XX/XX/XXXX payment {$1000.00} credited ). [ Five ( 5 ) pages. ] EXHIBIT 6. NSLDS Borrowers FedLoan Six-loans- [ grouped-account ] Report ( s ), on XX/XX/XXXX. As shown in EXHIBIT 5, FedLoan in NSLDS falsely represents said grouped-six-loans-account repayment start date of XX/XX/XXXX. Contrast EXHIBIT 1 and EXHIBIT 4, FedLoans ADMITTED repayment start date of XX/XX/XXXX. Please note EXHIBIT 6. NSLDS, Repayment Details for each of six loans. While each loan shows between 82 % -94 % repaid, the Amount Remaining for each of the six loans is greater than the amount paid off ; summed, the six loans Amount Remaining is {$120000.00}. Contrast FedLoans express ADMITTED amount remaining in EXHIBIT 2, XX/XX/XXXX bill, about {$17000.00} outstanding after borrowers XX/XX/XXXX payment {$1000.00} is credited. FedLoans unquestionably repeated ( EXHIBIT 5. XXXX  ) willful and knowing per se extortion of over {$100000.00} not owed FedLoan. [ Six ( 6 ) pages. ] EXHIBIT 7. Borrowers XXXX Credit Report ( CRAS, Example ) Dated XX/XX/XXXX. FedLoans High Balance line item report for each of borrowers six loans gives the unpaid original balance of each loan as equal the high balance from XX/XX/XXXX to XX/XX/XXXX. Thereby, in said CRAs borrowers credit reports FedLoan expressly denies borrower made continuous monthly payments from XX/XX/XXXX through XX/XX/XXXX of about {$100000.00} ( total six-loans-grouped-account current outstanding, about {$17000.00}, ( FedLoan ADMITS in EXHIBIT 2. page 1 ). Borrowers prior ( XXXX  ) 100-word dispute statement is included at the bottom of the last page.","date_sent_to_company":"2020-05-26T16:58:21.000Z","issue":"Dealing with your lender or servicer","sub_product":"Federal student loan servicing","zip_code":"20853","tags":null,"has_narrative":true,"complaint_id":"3668402","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"AES/PHEAA","date_received":"2020-05-26T16:47:26.000Z","state":"MD","company_public_response":null,"sub_issue":"Trouble with how payments are being handled"},"highlight":{"complaint_what_happened":["Fed<em>Loans</em> Monthly Billing Showing Borrowers Account Status from XX/XX/XXXX through and including XX/XX/XXXX Payment-XX/XX/XXXX Bill, Includes <em>Three</em> ( 3 ) Bank Statements, XX/XX/XXXX-XX/XX/XXXX ( last 3 pages, one example time period when Fed<em>Loan</em> misallocated payments <em>among</em> six <em>loans</em> )."],"product":["Student <em>loan</em>"],"sub_product":["Federal student <em>loan</em> servicing"]},"sort":[8.806126,"3668402"]},{"_index":"complaint-public-v1","_id":"3766687","_score":8.206796,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"COMPLAINT HEREIN IS GIVEN BY XXXX XXXX XXXX/STUDENT LOAN BORROWER ( HEREINAFTER, BORROWER ) UNDER OATH/PENALTY OF PERJURY AGAINST XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) XXXX XXXX XXXX , XXXX PRESIDENT AND CHIEF EXECUTIVE OFFICER ( CEO ), ET AL. ( HEREINAFTER, XXXX ), EXPRESS ADMITTED AGENT ( S ) OF DEPARTMENT OF EDUCATION AND UNITED STATES SECRETARY OF EDUCATION,  XXXX XXXX XXXX, FOR KNOWING AND WILLFUL REPEATED STUDENT LOAN REPAYMENT FALSE REPRESENTATIONS TO U.S. GOVERNMENT RECORDS ( NATIONAL STUDENT LOAN DATA SYSTEM, NSLDS ) AND TO XXXX, XXXX, EXPERIAN, ( HEREINAFTER, CREDIT REPORTING AGENCIES, CRAS ) BORROWERS CREDIT REPORTS TO GAIN MORE THAN {$100000.00} STUDENT LOAN PAYMENT NOT OWED. \n\nXXXX EXPRESS ADMISSIONS RE XXXX XXXX XXXX GROUPED-SEVEN-LOAN ACCOUNT. \n\nUnder Standard Loan Repayment Plan ( 120 fixed equal monthly payments to paid-in-full ), from XX/XX/XXXX through and including XX/XX/XXXX, borrower made 99/120 timely, monthly, as billed/equal payments of {$1000.00}, total repaid to date about {$100000.00}, total six-loans-grouped-account current outstanding, about {$17000.00}, ( EXHIBIT 1., EXHIBIT 2., and EXHIBIT 4. pages 2-3. ). A seventh loan, listed by XXXX in NSLDS, was never disbursed to borrower, balance : XXXX. \n\nCOMPLAINT : XXXX ONGOING PATTERN-OF-PRACTICE SCHEME TO COLLECT APPROXIMATELY DOUBLE PAYMENT AMOUNT OWED. \n\nXXXX actions complained herein occurred from about XX/XX/XXXX-Present-XX/XX/XXXX ongoing. \n\nXXXX  pattern-of-practice scheme of false repayment representations began after borrower, account in good standing, had completed about 70/120 payments ( XXXX, EXHIBIT 5. ) and 99/120 payments ( XXXX, EXHIBIT 6. and EXHIBIT 7. ). XXXX false representations, left unchallenged, increase borrowers XXXX outstanding debt by about {$100000.00}, and in XXXX, {$120000.00} ( debt not owed ) ; and increase by 8-10 years borrowers repayment term ( EXHIBIT 5. Terms [ each of six loans ] : 132 Months-147 Months ), i.e. an increase from 120 months/10 years ( Standard Loan Repayment Plan ) to 18-20 years repayment total. \n\nTHE TWO ISSUES OF HEREIN COMPLAINT ARE : I. XXXX FALSE REPRESENTATION ( S ) REPAYMENT RECORDS, EXPRESS DEMAND FOR BORROWER TO REPAY DEBT NOT OWED. \nTIMELINE XXXX WILLFUL AND KNOWING FALSE REPAYMENT REPRESENTATIONS THROUGH PRESENT-XX/XX/XXXX. \n\n1. XXXX  billing not fixed not equal monthly payments, unquestionable breach of Standard Loan Repayment ( 120 months fixed equal payments to paid in full, EXHIBIT 4. Page 3 ). \nXXXX billed {$150.00} outstanding interest, paid by borrower XXXX XX/XX/XXXX, check number XXXX. \nLoans entered repayment XXXX XX/XX/XXXX : XXXX billed {$1200.00} monthly payment grouped-six-loans account paid by borrower XXXX XX/XX/XXXX, check number XXXX. \nXXXX billed {$1000.00} monthly payment, paid by borrower on XXXX XX/XX/XXXX, check number XXXX. \nXXXX billed {$0.00} due XX/XX/XXXX. \nXXXX billed {$690.00} monthly payment, paid by borrower on XXXX XX/XX/XXXX, check number XXXX. \nXXXX monthly billed {$1000.00} ( EXHIBIT 4. XXXX  letter page 3 ), XX/XX/XXXX through and including XX/XX/XXXX. Payment allocations to each of six loans ( EXHIBIT 4. XXXX Letter, page 3,  Table ) are reflected in EXHIBIT 1. from XX/XX/XXXX through and including XX/XX/XXXX. \n2. XXXX knowing and willful payments misallocation ( EXHIBIT 1. ). XXXX, thereby, engineers fictitious underpayment representation ( s ). \nXXXX knowingly and willfully misallocated borrowers monthly payment of {$1000.00} among the six loans in repayment so that loans were simultaneously overpaid- and remaining loans were underpaid ; then the next month XXXX alternating the loans to make prior overpaid loans underpaid and prior underpaid loans overpaid, repeating for XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX ( EXHIBIT 1. ). The net result was that despite borrowers timely {$1000.00} monthly payments all five said months, most/if not all six individual loans falsely represented underpayment one or more times during these five months misallocations time period. \n3. XXXX ( EXHIBIT 5. Experian, CRAs example ) falsely represents to CRAss borrowers credit reports : Terms extension from 50/120 monthly payments remaining to 132-147 monthly payments outstanding ; Status Deferred, payments begin XX/XX/XXXX ( contradicted by EXHIBIT 1. XXXX account review showing 70/120 Standard Loan Repayment payments made timely, as billed/equal payments of $ XXXX/month ) ; and Comment : Account in Forbearance. ( No Forbearance requested or consented to by borrower, per se unlawful. ) 4. XXXX  knowing and willful monthly billing underpayment amounts in clear violation of Standard Repayment Plan ( $  XXXX/month, EXHIBIT 4., page 3 ), absent legally required express notification to borrower. \nXXXX XXXX XXXX {$900.00} billed/ {$1000.00} paid ; XXXX XXXX XXXX {$980.00} billed/ {$1000.00} paid ; XXXX XXXX XXXX {$1000.00} billed/ {$1000.00} paid ; XXXX XXXX XXXX {$1000.00} billed// {$1000.00} paid ; ( EXHIBIT 2.  ). \nXX/XX/XXXX-Present-XX/XX/XXXX billed {$1000.00}, borrower paid {$1000.00} every month ( EXHIBIT 2. ). ( EXHIBIT 4. XXXX  letter, page 3, Standard Loan Repayment is $ XXXX/month/120 months to paid-in-full ) 5. XXXX knowingly and willingly falsely represents to NSLDS ( EXHIBIT 6. ) on or shortly after XXXX XX/XX/XXXX : Borrowers six loans entered repayment XX/XX/XXXX. Yet, XXXX ADMITS loans entered repayment XXXX XX/XX/XXXX, EXHIBIT 1.,  EXHIBIT 2. and EXHIBIT 4. ) borrowers account shows 99/120 payments from XX/XX/XXXX through and including XXXX XX/XX/XXXX. \nBorrowers six loans are Repayment Progress 82 % -94 %, yet inexplicably in NSLDS XXXX falsely represents borrower XXXX XX/XX/XXXX has {$120000.00} Amount Remaining, after borrower made 99/120 monthly payments, total repayment of about {$100000.00} through and including XX/XX/XXXX ( EXHIBIT 1. and EXHIBIT 2. ). Further, XXXX ADMITS ( EXHIBIT 2., page 1 ) borrowers outstanding debt, after XXXX XX/XX/XXXX payment is credited, is about {$17000.00} ( EXHIBIT 2., page 1 ). \n6. XXXX knowingly and willingly falsely represents to CRAs borrowers credit reports ( EXHIBIT 7.  XXXX, example ) XXXX XX/XX/XXXX : High Balance of six loans original unpaid amount from XX/XX/XXXX to XX/XX/XXXX for each of borrowers six student loans, thereby, XXXX denies borrowers 99/120 months loans repayment through XX/XX/XXXX. Yet, XXXX ADMITS 99/120 payments completed EXHIBIT 1. and EXHIBIT 2. \nTerms paid monthly for 120 months for each of borrowers six student loans, thereby, XXXX denies borrowers 99/120 months loans repayment through XX/XX/XXXX. Yet, XXXX ADMITS 99/120 payments completed EXHIBIT 1. and EXHIBIT 2., and only about 17/120 months, $ XXXX/month repayment outstanding. \nIn summary, XXXX represents in monthly billing to borrower ( EXHIBIT 1. and EXHIBIT 2. ) good standing loans repayment ; while XXXX knowingly and willingly simultaneously falsely represents to U.S. government database, NSLDS ( EXHIBIT 6. ), and to CRAs borrowers credit reports ( EXHIBIT 5. Experian, example. and EXHIBIT 7. XXXX, example. ) borrowers alleged nonpayment/underpayment. \n\nXXXX. XXXX ARBITRARY UNILATERAL PER SE UNLAWFUL FORBEARANCES AND -DEFERMENT TO OBFUSCATE XXXX FALSE REPAYMENT REPRESENTATIONS, TWO OF FOUR FORBEARANCES APPLIED TO BORROWERS ACCOUNT RETROACTIVELY. \n\nSecond, to obfuscate XXXX willful and knowing false repayment representations ( Issue I. ), XXXX unilaterally imposed numerous Forbearances ( two, in the last three weeks, XXXX XXXX XXXX XX/XX/XXXX on borrowers grouped-six-loan-account, EXHIBIT 3. ). A  legal definition of Forbearance is given 34 C.F.R. 682.211 ( a ) ( 1 ) : Forbearance means permitting the temporary cessation of payments, allowing an extension of time for making payments, or temporarily accepting smaller payments than previously were scheduled. Thereby, per se unlawful ( imposed absent borrowers request or consent ) Forbearance ( s ), XXXX willfully and knowingly represents false borrowers default or nonpayment or underpayment when neither default nor untimely, nor nonpayment, nor underpayment exists. ( EXHIBIT 1 and EXHIBIT 2,  XXXX ADMITTED XX/XX/XXXX through XX/XX/XXXX, 99/120 timely, monthly, equal-/as billed payments of {$1000.00}, total to date about {$100000.00} repaid, total six-loans-grouped-account current outstanding, about {$17000.00}, Standard Loan Repayment-120 fixed equal monthly payments to paid-in-full ). \n\nXXXX FORBEARANCES AND DEFERMENT ARE PER SE UNLAWFUL AND MUST BE EXPUNGED. \n\nTo lawfully place a Forbearance on borrowers account XXXX must : ( i ) 34 C.F.R. 682.211 ( b ) ( 1 ) prior have the borrowers consent ( oral and/or written ) ; ( ii ) 34 C.F.R. 682.211 ( a ) ( 1 ) borrowers account is in default, or nonpayment, or delinquent ; ( iii ) 34 C.F.R. 682.211 ( e ) ( 1 ) when Forbearance is granted and placed on borrowers account XXXX must expressly specify the terms of the Forbearance to borrower ; ( iv ) 34 C.F.R. 682.211 ( e ) ( 2 ) ( vi ) at any time upon  borrowers request XXXX must cancel Forbearance. \n\nTo lawfully place a Deferment on borrowers account XXXX must : ( i ) 34 C.F.R. 685.204 ( a ) ( 4 ) ( i ) the borrower must request the deferment andprovide the Secretary with all information and documents required to establish eligibility for the deferment. \n( i ) 34 C.F.R. 685.204 ( a ) ( 5 ) ( iii ) If the Secretary grants a deferment, the Secretary notifies the borrower  that the deferment has been granted and that the borrower has the option to cancel the deferment and continue to make payments on the loan. \nNone of said four requirements for Forbearance ( 34 C.F.R. 682.211 Forbearance. ) or two requirements for Deferment ( 34 C.F.R. 685.204. Deferment. ) exist from XXXX XXXX XXXXPresent ( XX/XX/XXXX ) for borrowers group-six-loan-account serviced by XXXX ( EXHIBIT 3. Table 1. List of Forbearances and Deferment since  XXXX XX/XX/XXXX ). Further, borrower finds no provision in 34 C.F.R. 682.211 or borrowers Master Promissory Notes ( MPNs ) contract for XXXX lawfully to retroactively ( XXXX XX/XX/XXXX express notice ) unilaterally to apply Forbearance ( effective XXXX XX/XX/XXXX ) to nonconsenting borrowers account in good standing during which XXXXetroactive-Forbearance three monthly payments ( $ XXXX XXXX, $ XXXX XXXX, $ XXXX XXXX, EXHIBIT 2 ) have already been billed by XXXX and timely paid by borrower ( EXHIBIT 2. pages 1-6 ) to XXXX. XXXX never provided legally required, 34 C.F.R. 685.204 ( a ) ( 5 ) ( iii ), notice retroactive Deferment ( EXHIBIT 5. ) existed  to borrower, borrower being monthly billed by XXXX and paying uninterrupted {$1000.00} monthly ( EXHIBIT 1. ) throughout said fictitious CRAs borrowers credit reports published Deferment, ending XX/XX/XXXX ( EXHIBIT 5. Experian, CRAs example, XXXX XX/XX/XXXX, Status. ). \n\nXXXX PER SE UNLAWFUL FORBEARANCES AND DEFERMENT XXXX FOLLOW BORROWERS COMPLAINTS OF XXXX FALSE REPAYMENT REPRESENTATIONS ( EXHIBIT 3. Table 1. Forbearances and Deferment List. ). \n\nSee, Consumer Financial Protection Bureau, CFPB, complaints : XXXX, submitted XX/XX/XXXX ; XXXX, submitted XX/XX/XXXX ; XXXX, submitted XX/XX/XXXX. ) Said XXXX CFPB complaints reflect replicated intentional fraud as herein XXXX complaint fraud-/extortionate process. ( EXHIBIT 7. Last page, borrowers 100-word dispute statement in XXXX. ) XXXX via per se unlawful Forbearances and Deferment scheme, herein described, willfully and knowingly and repeatedly ( XXXX ) represents false borrower nonpayment/underpayment/default and by said fictitious unpaid-debt reports repeatedly attempts to justify unjustifiable false representations to obtainapproximately double repayment amount ( EXHIBIT 5., EXHIBIT 6., and EXHIBIT 7. ), from borrower, in clear violation of Master Promissory Note ( s ) contract ( s ). Said XXXX express allegation ( s ) of nonpayment/underpayment/default by insertion of about four per se unlawful Forbearances and one per se unlawful Deferment in less than three years in NSDLS and CRAs borrowers credit reports clearly will be deemed libel per se to extort from borrower more than double repayment owed. \n\nAll four Forbearances XXXX placed on borrowers account from XXXX XXXX and Deferment XXXX   through Experian reported XXXX XX/XX/XXXX are per se unlawful and must be expunged, failing compliance with 34 C.F.R. 682.211 and 34 C.F.R. 685.204. prerequisites/requirements and borrowers MPNs, latter, unambiguous breach of contract by XXXX XXXX \n\nBORROWERS STATEMENT. \n\nBorrower/XXXX  XXXX XXXX reiterates under penalty of perjury that after borrowers student loans serviced by XXXX entered repayment on XXXX XX/XX/XXXX : ( i ) Borrower never requested- nor by any means ( oral or written ) assented to any Forbearance or Deferment ; ( ii ) Borrower never deviated from-, or modified-, or assented to any modification from Standard Loan Repayment ( 120 equal monthly payments, $ XXXX/month, to paid-in-full, now through XX/XX/XXXX, 99/120 payments completed, about {$100000.00} paid, as of XX/XX/XXXX, borrower owes about {$17000.00} total to paid-in-full for six ( a seventh loan was never disbursed/canceled, {$0.00} owed ) loans grouped account ( EXHIBIT 1 and EXHIBIT 2 ) ; ( iii ) In EXHIBIT 1., EXHIBIT 2. compare payments amount ( $ 1077.97/month ) and dates paid with XXXX Deferment and XXXX Forbearances dates listed in EXHIBIT 3. Borrower made every monthly payment ( grouped-, six loans account ) uninterrupted, timely, as billed/equal payment, and continued uninterrupted equal $ XXXX/month payment timely every month throughout all XXXX  per se unlawful Forbearances ( XXXX about four Forbearances in less than 3 years, and, throughout the CRAs borrowers credit reports fictitious Deferment ( EXHIBIT 5. Experian, example, dated XXXX XX/XX/XXXX, showing unlawful pop-up/absent borrowers request or consent, and, absent Deferment terms and conditions notice to borrower ) ; ( iv ) Every monthly payment was made by paper check, bank records verification showing date and amount paid/withdrawn ( EXHIBIT 2., last three pages, examples ), and check, sent via US mail XXXX receipt signature-required ( proves timely receipt by XXXX ) ; and ( v ) Borrower retains original executed copies of Master Promissory Notes ( MPNs ) for student loans serviced by XXXX . \n\nBORROWERS PRIOR NOTICE TO XXXX AND SECOND UNLAWFUL NONCONSENSUAL FORBEARANCE UNILATERALLY BY XXXX XXXX XX/XX/XXXX. \n\nBorrower orally/by phone : XXXX, provided notice and request for correction to XXXX of herein false student loans repayment representations in NSLDS and CRAs borrowers credit reports and nonreceipt of US mail XX/XX/XXXX billing for monthly payment due XX/XX/XXXX : XXXX XX/XX/XXXX about XXXX XXXX  XXXX employee ID, XXXX ; XXXX XX/XX/XXXX about XXXX XXXX  XXXX, ID, XXXX, transferred about XXXX to XXXX , ID, XXXX ; XXXX XX/XX/XXXX about XXXX XXXX  XXXX , ID, XXXX ; XXXX XX/XX/XXXX about XXXX XXXX  XXXX , ID XXXX ; XXXX XX/XX/XXXX about XXXX XXXX  XXXX , ID, XXXX. On XXXX XX/XX/XXXX, after borrower reported said fraudulent repayment reporting and XXXX XXXX XXXX XX/XX/XXXX unlawful Forbearance, XXXX stated XXXX XX/XX/XXXX that as a result of borrowers phone call borrowers grouped XXXX account would undergo Administrative Review purportedly resulting in a second Administrative Forbearance, now, two fraudulent Forbearances ( XXXX XX/XX/XXXX and XXXX XX/XX/XXXX ) unilaterally XXXX imposed on borrowers grouped-six-loans-account in the past three ( 3 ) weeks. XXXX received neither request nor consent from borrower to impose said Forbearance, no notice of terms and conditions of said Forbearance has been received by borrower to date-26 XX/XX/XXXX. On XXXX XX/XX/XXXX about XXXX XXXX XXXX, ID XXXX stated in error XXXX XX/XX/XXXX retroactive Forbearance had been expunged from NSLDS on XXXX XX/XX/XXXX ; denied knowledge of false XXXX XX/XX/XXXX repayment start date in NSLDS and also, denied knowledge of outstanding [ six-loans ] balance of {$120000.00}. Borrower reiterated that said false representations were extortionate and borrower would file formal complaint unless all was corrected within next 24 hours ( borrower having provided prior notice from XXXX XX/XX/XXXX to no avail ). \n\nXXXX KNOWING AND WILLFUL HARM TO BORROWER FOLLOWING BORROWERS COMPLAINTS RE XXXX PER SE UNLAWFUL ONGOING ACTS. \n\nAs licensed attorney, borrowers professional license is predicated on financial responsibility mandated by ethics rules and state law ( Mass. Gen. Laws Ann. Ch. XXXX ). Here, XXXX knowing that said outstanding debt express representation of about {$120000.00} was false ( EXHIBIT 1. and EXHIBIT 2. ), willingly repeatedly ( XXXX ) falsely represented to the US government National Student Loan Data System, NSLDS, and  CRAs, for publication as fact that borrower owes ( EXHIBIT 5., EXHIBIT 6., EXHIBIT 7. ) over {$100000.00} and via numerous unlawful Forbearances and -Deferment false representations ( XXXX ) borrower ( a licensed attorney ) delayed/defaulted/underpaid six student loans repayment ( EXHIBIT 3. ). \n\nXXXX said knowing and willful false representations of {$120000.00} borrowers outstanding debt XXXX ( EXHIBIT 6. ) : ( i ) directly caused material harm to borrowers ability to obtain credit upon rational terms ; ( ii ) expressly placed borrowers professional ethics, re financial responsibility in question in official government records and CRAs credit reports used by financial institutions and prospective employers ; thereby ( iii ) XXXX knowingly and willingly actually putting borrowers professional license, in jeopardy ; and ( iv ) literally taking-by-fraud unpaid months of borrowers professional effort ( from profitable endeavor ) to challenge XXXX XXXX repeated per se libel for monetary per se extortion of about double repayment owed by MPNs contract ( s ). Borrower respectfully asserts XXXX knowing and repeated false representations published ( willfully disclosed to third parties ) in government records and credit reports meet the definition of libel for per se extortion. 28 U.S.C. 4101 ( 1 ) states : In this chapter : ( 1 ) Defamation. \nThe term defamation means any action or other proceeding for defamation, libel [ written ], slander, or similar claim alleging that forms of speech are false, have caused damage to reputation or emotional distress, have presented any person in a false light, or have resulted in criticism, dishonor, or condemnation of any person. \n( https : XXXX, last viewed XXXX XX/XX/XXXX. ) 18 U.S.C. 872. Extortion by officers or employees of the United States. \nWhoever, being an officer, or employee of the United States or any department or agency thereof, or representing himself to be or assuming to act as such, under color or pretense of office or employment commits or attempts an act of extortion, shall be fined under this title or imprisoned not more than three years, or both ; but if the amount so extorted or demanded does not exceed {$1000.00}, he shall be fined under this title or imprisoned not more than one year, or both. \n( https : XXXX, last viewed XXXX XX/XX/XXXX ) To argue XXXX repeated false representations to collect double monetary repayment were good faith mistakes ( EXHIBIT 1. and EXHIBIT 2. XXXX ADMISSION of borrowers good standing repayment ) lacks modicum of rational credibility. \n\nREMEDY REQUESTED. \n\nIn accordance with both federal and state law, XXXX XXXX XXXXstudent loan borrower respectfully requests that XXXX be required : ( i ) to permanently expunge extortionate/false current {$120000.00} outstanding debt, reported on or after XX/XX/XXXX-Present-XX/XX/XXXX to NSLDS, CRAs credit reports, and all other records of XXXX XXXXborrowers XXXX student loan account ; ( ii ) to permanently expunge all per se unlawful Forbearances and Deferment ( s ) dating from XX/XX/XXXX-Present-XX/XX/XXXX from borrowers NSLDS account, CRAs credit reports, and all other student loan repayment records that may exist for XXXX XXXX XXXX ; ( iii ) Per the Coronavirus Aid, Relief, and Economic Security Act ( H.R. 748 ), CARES Act 3513,  signed into law XXXX XX/XX/XXXX, XXXX credits 100 % borrowers payments XXXX XX/XX/XXXX through and including XXXX XX/XX/XXXX to payment of principal in accordance with Department of Education guidance : During the period of 0 % interest ( XX/XX/XXXX, through XXXX XXXX, XXXX ), the full amount of your payments will be applied to principal once all the interest that accrued prior to XX/XX/XXXX is paid ( https : //studentaid.gov/announcements-events/coronavirus, last viewed XXXX XX/XX/XXXX ) ; ( iv ) In accordance with federal and state law, XXXX make all monthly repayment representations accurately/factually/timely in NSLDS and in CRAs borrowers credit reports and all other student loan repayment records that may exist for borrower/XXXX  XXXX XXXX, specifically including correction of every monthly repayment misallocation ( XX/XX/XXXX-XX/XX/XXXX, and XX/XX/XXXX through XX/XX/XXXX, EXHIBIT 1. ) resulting in under- or overpayment of borrowers six loans in repayment ( EXHIBIT 4. XXXX Letter, Table, page 3, shows amount of fixed equal {$1000.00} monthly payment apportioned to each of six loans ) ; ( v ) Only one, the valid repayment start date, XXXX XX/XX/XXXX, be shown in NSLDS and CRAs borrowers credit reports and all other false representations of more recent repayment start date ( s ) be permanently expunged in NSLDS and CRAs debtors credit reports and any other existing repayment records for borrower ; ( vi ) Per XXXX Standard Loan Repayment express XXXX agreement ( EXHIBIT 4. XXXX letter. ) XXXX bills borrower timely ( lawfully, 20 days ahead of each payment due date, XXXX day of each month ) by U.S. mail for $ XXXX/month grouped-six-loans-account until paid-in-full. XXXX ADMITS borrowers grouped six-loans-account outstanding is about {$17000.00} ( approximately 17 months ) repayment remaining ( EXHIBIT 2. page 1, also including payment of  {$1000.00} XXXX received XXXX XX/XX/XXXX, page 4. ).\n\n( vii ) If these reasonable and lawful remedies, permanently to expunge all false/inaccurate, per se unlawful student loan repayment and credit report ( s ) representations, are not completed with express proof of all corrections completion provided XXXX XXXXborrower within 15 calendar days of herein CFPB Complaint, borrower will initiate formal state and federal proceedings against all parties involved in said per se libel-for-extortion scheme to include, but be not limited to : XXXX XXXX XXXX XXXX XXXX   XXXX XXXX XXXX, XXXX President and Chief Executive Officer, CEO,  et al. ; Department of Education ; Department of Education Secretary, XXXX XXXX XXXX ; Experian, XXXX, XXXX  and others propagating said false representations. Allegations will include but not be limited to : U.S. mail fraud ( 18 U.S.C.1341 ), U.S. wire fraud ( 18 U.S.C.1343 ) ; violation of False Statements Accountability Act ( 18 U.S.C. 1001 ) ; Racketeer Influenced and Corrupt Organizations/RICO ( 18 U.S.C. 1961-1968 ) ; and violations of : MD Code Com Law 3 & 4 ; Electronic Funds Transfer Act ( 15 U.S.C. 1693-1693r, implemented through Regulation E, 12 CFR Part 1005 ) ; Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq., implemented through Regulation V, 12 CFR 1022 ) ; Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5511 et seq. ) ; Gramm-Leach-Bliley Act, Pub. L. No. 106-102, 113 Stat. 1338, codified in relevant part primarily at 15 U.S.C. 6801-6809 [ Regulation P, privacy violations ], 6821-6827, prohibiting obtaining customer  information of a financial institution by false pretenses ; 28 U.S.C. 4101 ( 1 ) ; 18 U.S.C. 872 ; 18 U.S.C. 242 ; and 42 U.S.C. 1983.\n\nBorrower will through litigation by a law firm experienced in libel re student loan repayment representation ( s ) and student loan servicer repayment reporting fraud to gain money not due or owing, request all court costs, all attorneys fees, treble damages plus such punitive damages the Consumer Financial Protection Bureau, Federal Trade Commission and/or court shall deem  appropriate for XXXX pattern-of-practice scheme per se to extort about {$120000.00}, thereby knowingly and willfully causing foreseeable material harm to borrowers finances, credit, professional reputation as licensed attorney, and professional time unpaid spent to challenge XXXX repeated per se unlawful/extortionate acts. \n\nLIST OF SEVEN ( 7 ) EXHIBITS ATTACHED AS .pdf. \n\nEXHIBIT 1. XXXX Account Review, dated XXXX XX/XX/XXXX, for Borrowers Grouped-Six-Loans Account. Borrowers repayment history for six loans in repayment from repayment start date, XXXX XX/XX/XXXX, uninterrupted timely repayment to XX/XX/XXXX. [ Thirty ( 30 ) pages. ] EXHIBIT 2. XXXX Monthly Billing Showing Borrowers Account Status from XX/XX/XXXX through and including XX/XX/XXXX Payment-XXXX  XXXX Bill, Includes Three ( 3 ) Bank Statements,XX/XX/XXXXXX/XX/XXXX ( last 3 pages, one example time period when XXXX misallocated payments among six loans ). XXXX expressly ADMITS in every monthly billing statement, XX/XX/XXXX-XX/XX/XXXX timely, full-amount-due ( $ XXXX/month six loans grouped account payment ), repayment receipt : Total paid since your last statement {$1000.00}, i.e. amount paid the month prior to month date billed. ( See, lower left box of each billing statement XX/XX/XXXX through XX/XX/XXXX ). [ Thirty ( 30 ) pages. ] EXHIBIT 3.  TABLE 1. Summarizes XXXX Per Se Unlawful Forbearances and One Deferment ( EXHIBIT 5. ) From XXXX 2020-Present. XXXX EXPRESSLY ADMITS in EXHIBIT 1. and EXHIBIT 2. borrower paid uninterrupted XXXX XXXX/month, timely, throughout all four said per se unlawful Forbearances and per se unlawful Deferment. \n\nEXHIBIT 4. XXXX Letterhead Letter Dated XXXX XX/XX/XXXX. XXXX responds to borrowers repeated requests ( XX/XX/XXXX-XX/XX/XXXX ) for XXXX to bill borrower via Standard Loan Repayment, i.e. equal, fixed, payments 120 months to paid-in-full using US mail billing. XXXX affirms XXXX XXXX XXXX XXXX XXXX XXXXmonth with tabular distribution ( page 3 ) shown among six-loans in borrowers grouped-account. Further, XXXX explains different amounts/month billed borrower XX/XX/XXXX-XX/XX/XXXX, which bills borrower paid timely as billed. \n[ Four ( 4 ) pages. ] EXHIBIT 5. Borrowers Experian XXXX CRAS, Example ) Credit Report Dated XXXX XX/XX/XXXX. Experian report showing XXXX : ( i ) false representation of six loans repayment term ( s ), here 132-147 months from XXXX XX/XX/XXXX, payment extension of 8-10 years, to total of 18-20 years repayment, after borrower already paid about 70/120 months to paid-in-full ; ( ii ) Forbearance [ in effect ], per se unlawful, neither requested nor assented to by borrower ; ( iii ) Deferment [ in effect ], per se unlawful, absent legal notice required by law, and neither requested- nor assented by borrower. Thereby, said repayment term false representation XXXX reports to NSLDS and CRAs both : ( a ) about eight ( 8 ) years  of nonpayment ( directly contradicted by EXHIBIT 1. and EXHIBIT 2. XXXX express good standing borrowers account admissions ) ; and ( b ) falsely represents borrower has substantive, over {$100000.00}, outstanding debt ( directly contradicted by EXHIBIT 2.,  page 1. XXXX  admission Current Balance,  {$17000.00} after XXXX XXXX payment {$1000.00} credited ). [ Five ( 5 ) pages. ] EXHIBIT 6. NSLDS Borrowers XXXX  Six-loans- [ grouped-account ] Report ( s ), on  XXXX XX/XX/XXXX. As shown in EXHIBIT 5, XXXX in NSLDS falsely represents said grouped-six-loans-account repayment start date of XXXX XX/XX/XXXX. Contrast EXHIBIT 1 and EXHIBIT 4, XXXX ADMITTED repayment start date of XXXX XX/XX/XXXX. Please note EXHIBIT 6. NSLDS, Repayment Details for each of six loans. While each loan shows between 82 % -94 % repaid, the Amount Remaining for each of the six loans is greater than the amount paid off ; summed, the six loans Amount Remaining is {$120000.00}. Contrast XXXX express ADMITTED amount remaining in EXHIBIT 2, XX/XX/XXXX bill, about {$17000.00} outstanding after borrowers XX/XX/XXXX payment {$1000.00} is credited. XXXX unquestionably repeated ( EXHIBIT 5. 2017 ) willful and knowing per se extortion of over {$100000.00} not owed XXXX. [ Six ( 6 ) pages. ] EXHIBIT 7. Borrowers XXXX Credit Report ( CRAS, Example ) Dated XXXX XX/XX/XXXX. XXXX High Balance line item report for each of borrowers six loans gives the unpaid original balance of each loan as equal the high balance from XX/XX/XXXX to XX/XX/XXXX. Thereby, in said CRAs borrowers credit reports XXXX expressly denies borrower made continuous monthly payments from XXXX XX/XX/XXXX through XXXX XX/XX/XXXX of about {$100000.00} ( total six-loans-grouped-account current outstanding, about {$17000.00}, ( XXXX ADMITS in EXHIBIT 2. page 1 ). Borrowers prior ( XXXX ) 100-word dispute statement is included at the bottom of the last page.","date_sent_to_company":"2020-07-27T15:01:57.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"20853","tags":null,"has_narrative":true,"complaint_id":"3766687","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2020-07-27T15:01:52.000Z","state":"MD","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":["XXXX Monthly Billing Showing Borrowers Account Status from XX/XX/XXXX through and including XX/XX/XXXX Payment-XXXX  XXXX Bill, Includes <em>Three</em> ( 3 ) Bank Statements,XX/XX/XXXXXX/XX/XXXX ( last 3 pages, one example time period when XXXX misallocated payments <em>among</em> six <em>loans</em> )."]},"sort":[8.206796,"3766687"]},{"_index":"complaint-public-v1","_id":"3014286","_score":7.7915688,"_source":{"product":"Mortgage","complaint_what_happened":"RE : VP XXXX : MUFG Union BankXX/XX/XXXX MEMORANDUM Subject : Financial Elder Abuse MUFG Union Bank, XXXX XXXX CA TO : Dept of Justice Public Inquiry Unit ; XXXX XXXX File XXXX From : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX   XXXX  Introduction : A mortgage involves two parties ; a trust deed involves three parties : a Borrower ( the Trustor ), a Lender ( the Beneficiary ), and the title company, escrow company, or bank ( Trustee ) that holds title to the lien for the benefit of the lender and whose sole function is to initiate and complete the foreclosure process at the request of the lender. When the Beneficiary and the Trustor are the same, the Bank is the beneficiary. In a foreclosure process the Bank will tend to be both judge and jury. This places the Bank is a powerful position ;. Union initiates a false foreclosure and benefit from the outcomes. You are placed in a vulnerable position in relation to the Bank.This encourages the Bank to be aggressive and reluctant to negotiate billing disputes ; and encourages the pace of false billing. In our experience, Union Bank will employ extortion by false foreclosure as a more efficient solution than dispute resolution.\n\n1. A fixed rate option Plan can be either a trust deed or a mortgage ; but a mortgage is not a trust deed. It is always a mortgage. But a product called Fixed Rate Optiondoes n't even rate a passing mention. It is not a real product, but a general statement about a class of products that do appear in the Glossary. Under the Transfer Agreement the Consumer has an equitable right to choose his prefered option. But under the Banks wilful insistence to both offer and choose, there is no equitable contract. And in fact despite the illusion of Transfer, nothing is transferred. The original equity account will not be closed, but maintained and used. It order for the Transfer to be equitable, the Bank must respect the right of the Consumer to make the choice.That is the meaning of the word Option. But the Bank refuses to recognize the right of the Consumer to choose, which is inherent in the Agreement. Unfortunately, there was no identifying, recognizable label that identified it as a HELOC ; it was simply presented as a Fixed Rate Option by XXXX. He fraudulently substituted a HELOC for the mortgage. requested by Plaintiffs. The XXXX Tax Statement, ( attached ) issued by the Bank, in 2018, unambiguously depicted the Plaintiffs account as a mortgage.There 's obviously a conflict. Plaintiffs were lulled into believing they had a mortgage. But It can not be both a Mortgage and HELOC. It is one or the other. The contract is inherently flawed ; it must be considered void, for incoherent.\n\n2.FTC Act, Section 5. An agreement based on a representation, omission, or practice that misleads or is likely to mislead is unconscionable. A contract may be found to be unconscionable based on several different factors :.\n\n3.Why is the HELAOC so critical to the Banks business strategy that it will lie, cheat and misrepresent to customers? The term Fixed Rate Option, on a monthly statement title, turns out not be be an option, at all, but simply an extension of the closed equity account, something we never agreed to ; a false filing ; yet XXXX   insists that there is no other choice except to bend the knee. And while we were questioning, the account has somehow morphed into three accounts, with slightly different numbers, all variations of an equity account statement closed last year! And XXXX XXXX  in the Vice President 's office states that it is the way accounting is done by the Bank, and there's no other choice because you were fooled by XXXX.\n\nYou may never know how payments are allocated, or chopped up to create partial payments that generate penalties, interest and negative amortization ; ad infinitum. These misrepresentations are bared by California Financial Senior Abuse Codes 368, 484,482,115,487 ; 368 ( d ) and as well as Identity Theft, But apparently XXXX believes that she has impunity because the phony contract has an arbitration clause and it provides laissez faire. In a letter datedXX/XX/XXXX, she states that she is willing to correct the Bank 's false charges with a back dated fixed rate of {$800.00} ; but when Plaintiff asks to track a payment that was not due inXX/XX/XXXX, she will not respond, but states that the payment dated XX/XX/XXXXfor XXXX was not considered! ( in retaliation for having complained to the XXXX ) the lost payment has disappeared from her radar. Crimes and Criminal Procedure ; theft, embezzlement, or misapplication by Bank Officer ( US Code Title 18. ) In the capacity of Assistant to the Vice President XXXX XXXX continues to insist that the Bank has an inherent right to fabricate accounts.\n\nXXXX XXXX, their accountant, creates new rules for the benefit of the Bank, and is a valued employee. She writes in her letter of XX/XX/XXXX, When we transfer balance ... we transfer the principal balance only and any unpaid interest remains on the principal balance. False fact! The Disclosures actually state, when your line of credit draw period ends your monthly payments ... will consist of principal and interest to fully amortize the outstanding balance ( XXXX  ). And contrary to US Code Title 18 Although many of the Banks accounting practices are contrary to GAAP, the standard, as well as the Banks Disclosures, XXXX states that..the Bank doesn't accept current payments if past disputed interest payments are still due. A rule invented by XXXX, to facilitate splitting payments among several fabricated accounts in order to charge penalty and interest. Several fabricated accounts which shuffle credits and payments, hide charges and confuse customers with unprecedented accounting fraud. Blatant violations of PC 115 ; 115.5 ; PC 950 ( grand theft via false foreclosure ) ; PC 368 ( senior abuse ), and equitable estoppel, to prevent the Bank from taking unfair advantage of seniors when through false language or conduct ; the person to be stopped has induced another person to act in a certain way, which resulted in the other person injured in some way.\n\nThe criminal actions of the bank are an undue burden. They will do anything that they can get away with.\n\n. Undue Influence : VP XXXX  abused our trust while he exercised unreasonable pressure, and the threat of rising interest rates to obtain Agreement. He misinformed Plaintiffs, did not provide a meaningful disclosure of various other credit terms ; so that the Plaintiffs were not able to compare more readily the various available credit terms and loan options.\n\n.Duress : VP XXXX used the threats of pending interest rate increases, he stressed that time was of the essence, in order to obtain agreement XXXX insisted that it was a traditional mortgage.. The wolf comes dressed as a wolf.\n\nC.Unequal Bargaining Power : VP XXXX took unreasonable advantage of the Plaintiffs. XXXX was aware that they obviously did not understand the contract terms, and that the contract represented a HELOC, not a traditional mortgage.\n\nD.Unfair Surprise : XXXX falsely claimed that the term, Fixed Rate Option Plan, was the term the Bank used to describe a traditional mortgage. It was bait and switch to a HELOC. He made material misrepresentations in bad faith.The choice of account is designed and orchestrated by the Bank to keep customers in a state of high anxiety so that they become prey to false billing, which generates penalty and interest charges to the consumer and benefits to the Bank. The false charges begin with questionable small amounts that would have ordinarily gone to Small Claims Court for disposition. For example, Plaintiffs closed the Equity account onXX/XX/XXXX, nevertheless the Bank would not process the closure date until the end of XX/XX/XXXX. When queried, the Bank replied because that's the Bank policy, period. Although the Transfer Agreement states, Any day that a portion of your account balance is transferred to a new ... Fixed Rate Option Plan is a fixed rate option transfer date. The Bank tried to keep the customer in a state of anxiety. The use of non-judicial foreclosure notices to resolve disputes about false billings was particularly effective. It was used to extort unverified charges. It is fraud in the factum, The Bank must have strategized that by increasing the anxiety level of elders, it would train them, eventually, to pay without question to avoid harassment. A brainwashing to achieve the conditioned response leading to total compliance.\n\nE.Misrepresentation : VPXXXX XXXX   knew that his statements were false ; but he intended to have the Plaintiffs rely on his statements ; and after several high pressure sessions, by raising the Plaintiff 's levels of anxiety ; he achieved the result : the Plaintiffs did rely on the misrepresentations.\n\nThe Bank further clouded the issue by misrepresenting the account as a mortgage. Therefore, it should not be surprising that the Plaint believed that he had a mortgage. Until in XX/XX/XXXX, when he received a foreclosure notice as result of a dispute over a false charge. The Bank could have gone to arbitration, but elected instead for file for foreclosure to steal the house. The Notice alerted Plaintiffs that they had been misinformed ; that the account a HELOC. It lacked judicial safeguards.They were extorted, harmed by this imposition. It was a timed technique, beginning with false charges too small to pursue they would soon snowball into substantial claims. Plaintiffs queries were ignored until the Bank apparently believed that the dollar amount had reached the level of enlightenment.\n\nF. Undue Influence : This is where the Bank exercised unreasonable pressure in order to press the Plaintiffs to sign the contract.Where VP XXXX took advantage of the Plaintiffs age, and vulnerability. The regime of Identity Theft and false filings kicked in. For example, although the Bank had a direct draw agreement on Plaintiffs checking account to pay monthly bills, the Bank maliciously neglected and finally refused to do so. This enabled the Bank to dun for late payments and penalties enriching the Bank further still. In retrospect the foreclosure notice is seen as malicious prosecution for a wrongful purpose ; clearly meant to intentionally inflict emotional and financial distress.\n\nG. Illegal practices : Elder Abuse statutes and US Code Title 18 Sec.1005 ; As noted, Plaintiffs had been led astray by the yearly tax statement of the Bank , that identified the account as a Mortgage. Plaintiffs now recognize that they were victims of a bait and switch.Nothing prepared the Plaintiffs shock when learning that they were caught in a HELOC. The Bank had revived the closed equity account, for billing purposes, and added two more fictional, unpurposed accounts, with which to play their game of Whack the Mole with payments that were only partially credited, the balance placed in the fictitious accounts in order to generate further penalties and interest.. An abuse specifically targeted by Title 18. This is similar to the XXXX XXXX smackdown. Where redress is a matter of public policy, H.Unfair Surprise : When the party who creates the contract includes a term in the contract without the other parties knowledge and is not within the other parties expectations ; as the term, Fixed Rate Option Plan was falsely represented by XXXX as a Traditional Mortgage. it is axiomatic that no offer can be accepted unless offeree knows what he has accepted. Although the Plaintiffs requested clarification several times after signing, none was forthcoming until the filing of the Foreclosure. Plaintiffs were unlawfully unaware that the switch was made by XXXX. ( Article 2 Uniform Commercial Code. ( UCC 2-209. ) I.Unequal Bargaining Power : This occurs where one party has an unreasonable advantage of the other. It was not until five months later that Plaintiffs became aware of the switch. The Bank is aware that the Plaintiffs did not understand the contract terms. Because the XXXX  Tax Statement sent by the Bank unambiguously depicts the account as a mortgage, this had led us to believe that our instructions had been duly noted and followed. A Fixed Rate Option Plan, mischaracterized by XXXX is a general term for all available options. One of which is the traditional mortgage, which XXXX  concealed. XXXX  falsely represented and omitted to disclose a material fact : the switch was actually.\n\nJ.Acting with the intent to deceive and defraud, XXXX mis-stated the meaning of the term Fixed Rate Option. He failed to state that the Bank does not even use this term in its glossary of products, because it is categorical, not a specific product. XXXX falsely claimed that it was how the Bank referred to a mortgage. In fact, it can represent anything all or nothing at all. XXXX took advantage of our age and our trust ( after many years of business banking there ) to deceive Plaintiffs.\n\n1.Federal Felonies : The Bank manufactured several fictitious account numbers, in our names, to facilitate the illegal practice of chopping designated payments into several pieces, instead of crediting them to the proper account. A felony violation of 18 U.S.Code 1005. The so-called segments were employed to extort undocumented payments as the basis of false foreclosure.The false account numbers opened in behalf of Plaintiffs enabled the game of Whack the Mole, as they shifted money around with the intention to stuff the false filings with mis-directed cash ; to be added to profit.\n\n( Bank entries, reports and transactions ; covered felonies under 18 US Code ) .Whoever makes any false entry in any book, report, or statement of such bank, company, branch, agency, or organization with intent to injure or defraud such bank, company, branch, agency, or organization or any other company, body politic or corporate, or any individual person, or to deceive any officer of such bank, company, branch, agency, or organization, or the Comptroller of the Currency, or the Federal Deposit Insurance Corporation , or any agent or examiner appointed to examine the affairs of such bank, company, branch, agency, or organization or the Board of Governors of the Federal Reserve System ... [ is in breach of federal regulations ] See also XX/XX/XXXX XXXX XXXX XXXX ( XXXX XXXXXX/XX/XXXX) ( debtor awarded punitive damages of {$3.00} million against Wells Fargo for servicing abuses. Court declared that Wells Fargo exhibited reprehensible actions. The court had previously found that the bank improperly applied payments to interest and fees, instead of principal and improperly charged the debtor more than {$24000.00} in fees. ) ( XXXX v. XXXX XXXX ) 2.California felony statutes : In XX/XX/XXXX the California Legislature required employees of banks to report suspected suspected financial elder abuse. This law was based on the fact that financial institutions typically have the first opportunity to recognize signs of senior fraud. The failure to report suspected abuse subjects the offender to a maximum of {$5000.00} fine. To the contrary, MUFG Union Bank employs elder abuse with hubris, as a policy.\n\nPenal Codes 115 and 115.5 prohibits the filing of false documents, manufacturing alternate accounts cited by XXXX XXXX  as company policy ; Penal Code 950 is grand theft, which the Bank violates in its use of false foreclosure ; Penal Code 368 is especially protective of seniors by mandating triple damages for abuse, a population targeted by the Bank in their advertisements searching for prey. XXXX should be aware that Identity Theft, which she approves of and justifies as Bank policy, now carries a maximum penalty of 15 years imprisonment and substantial fines.The statutes allow for triple damages in order to discourage elder abuse. XXXX XXXX, Supervisor in Consumer Lending, in response to my complaint exclaimed that it was impossible in a telephone conversation in XX/XX/XXXX ; if the Bank changed its procedures there are over 1000 accounts that would have to be changed.\n\n3.Despite these State and Federal prohibitions, despite Cease and Desist Notices from the Plaintiffs, these practices continue to be standard operating procedures ; with the Bank refusing to cease and desist. Decisions by the Bank which are utterly unreviewable, must be vacated as arbitrary and capricious. The abuse is widespread, acknowledged and approved of ; it is the MUFG Union Bank policy.\n\nUnder California Welfare and Institutions Code 15610.30, plaintiffs must prove several things to show that an older person was exploited. The defendant retained, appropriated, hid or took the property or money of the elderly person or helped someone else with doing so.The older adult was either XXXX or older or was a dependent adult at the time and that the person who took, retained, appropriated or hid the property did so for an unlawful purpose or with the intent to defraud the victim. Finally, the victim suffered harm that was caused by the defendants actions.\n\nXXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX","date_sent_to_company":"2018-09-09T23:34:00.000Z","issue":"Trouble during payment process","sub_product":"Home equity loan or line of credit (HELOC)","zip_code":"90291","tags":"Older American","has_narrative":true,"complaint_id":"3014286","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"U.S. BANK NATIONAL ASSOCIATION - SAN FRANCISCO MAIN BRANCH","date_received":"2018-09-09T23:26:09.000Z","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":["And while we were questioning, the account has somehow morphed into <em>three</em> accounts, with slightly <em>different</em> numbers, all variations of an equity account statement closed last year! And XXXX XXXX  in the Vice President 's office states that it is the way accounting is done by the Bank, and there's no other choice because you were fooled by XXXX."],"sub_product":["Home equity <em>loan</em> or line of credit (HELOC)"]},"sort":[7.7915688,"3014286"]},{"_index":"complaint-public-v1","_id":"2748915","_score":7.5357413,"_source":{"product":"Debt collection","complaint_what_happened":"The disclosure that XXXX XXXX XXXX XXXX XXXX XXXX may be acting as a debt collector attempting to collect a debt, is apparently in reference to the fact that the courts are divided on the issue of whether or not foreclosure is debt collection. ( See attached file : Notice of Default ). Therefore until this issue is resolved by the United States Supreme Court, the creditor, servicer, and trustee are all prohibited from foreclosing on the subject property as this could be a violation of federal and state debt collection laws. As such as Notice to Cease and Desist was sent certified mail to XXXX XXXX XXXX XXXX XXXX XXXX. The notice also states I dispute the debt. ( See attached file : Notice to Cease and Desist ). It is not possible to verify the debt until the issue of whether foreclosure is debt collection is resolved. Therefore the trustee is prohibited from foreclosing on my home until the US Supreme Court rules on this issue. Even still it is illegal to use mortgage assistance as a method of debt collection. \n\nIn addition attached are pages taken from a class action law suit against XXXX XXXX XXXX , XXXX which ended in a settlement. Although the circumstances are not identical, the court denied the motion to dismiss and concluded \" The court is troubled by the prospect that this case may involve a third-party debt buyer attempting to collect money from a consumer on a debt she does not owe. '' The court also cited : A debt buyer purchases consumer debts that have been written off by the original creditor, generally acquiring the debts for a fraction of the balance, and then attempting to collect the entire debt. XXXX v. XXXX XXXX. XXXX, XXXX , XXXX XXXX XXXX, XXXX ( XXXX XXXX  XX/XX/XXXX ). ( See attached file : XXXX Class Action FDCPA ). \n\nI refinanced my mortgage with XXXX XXXX in XX/XX/XXXX, went into default in XX/XX/XXXX,  entered into a Trial Plan Agreement, made the three trial payments, did not receive the HAMP modification, have not made a payment since, and have been placed into foreclosure 6 times with three different trustees. XXXX ( XXXX ) /XXXX XXXX violated CA civil Code 2924f/g and committed fraud to cover it up. Then the XXXX  XXXX XXXX committed fraud to cover up for XXXX. I filed a complaint with the California Attorney General against the XXXX XXXXXXXX XXXX and after another foreclosure sale was scheduled for my home I filed a complaint with the California Attorney General against XXXX. The California Monitor intervened because XXXX was in violation of the National Mortgage Settlement Consent Order and depriving me of my California Homeowner Bill of Rights. XXXX ( XXXX ) XXXX XXXX then committed fraud to cover this up. In a letter dated XXXX XXXX XXXX I  disputed the transfer of servicing/sale of debt to XXXX effective XXXX XXXX XXXX,  informed XXXX I was delinquent for 5 years, and informed XXXX to cease and desist. \n\nDue to the complaints I filed with the California Attorney General, The XXXX  XXXX XXXX would not conduct a trustee sale so XXXX substituted XXXX  who subsequently schedule a trustee sale shortly afterward for XX/XX/XXXX. In XX/XX/XXXX,  I sued both XXXX and XXXX in Superior Court ( case # XXXX ) for among other things, fraud, oppression, malice and proved this to the letter for the law. After I filed my complaint, the judge denied my request for injunctive relief so I submitted an application with XXXX for the first time to request mortgage assistance. XXXX then did the same exact thing XXXX had done a year earlier ; deprived me of my California Homeowner Bill of  Rights while foreclosing on my home. XXXX responded by communicating with me in the capacity of a debt collector in violation of my notice to cease and desist. After I managed to get my application into underwriting, XXXX instructed XXXX to proceed with the foreclosure sale anyway and XXXX did so in violation of my California Homeowner Bill of Rights. So I filed a new complaint against XXXX with the California Attorney General for violating my California Homeowner Bill of Rights. XXXX then cancelled the sale, closed its west coast offices, and informed me the records were lost. XXXX then withdrew my application from underwriting and committed fraud in response to my Qualified Written Request to cover it up. In this letter XXXX states at the top of page two that XXXX XXXX is the  note holder. ( See attached file : XXXX XXXX Note Holder ). \n\nFurthermore XXXX XXXX XXXX XXXX XXXX XXXX was sued in the Court of Appeal in the State of California XXXX XXXX XXXX. The court explained how it had ruled it was hearsay that the predecessor bank was successor to the original beneficiary, so the overall truthfulness of the assignment of the deed of trust remained subject to dispute as well. This is supported by testimony that there are no assignments of mortgages or anything transferring ownership from XXXX to XXXX. ( See attached file : CA XXXX XXXX Court of Appeal ).\n\nXXXX XXXX XXXX sent me a letter dated XX/XX/XXXX in which it states : The current creditor to whom the debt is owed is XXXX XXXX XXXXon behalf of the holders of the XXXX Pass-Through Mortgage Certificates, Series XX/XX/XXXX-XXXX. ( See attached file : Current Creditor XXXX XXXX ). Notice it says on behalf of the holders of the XXXXCertificates. This is due to the fact that XXXX XXXX only did the underwriting. The money to fund the loans came from investors who were issued certificates of ownership in the trust that owned my mortgage and note. \n\nXXXX XXXX admits it is merely the trustee for the trust that owns the mortgage and note. ( See attached file : XXXX XXXX-XXXX XXXX XXXX XXXX XXXX ). That is because the holders of the certificates are the actual owners of the mortgage and note and not XXXX XXXX. The certificate holders sued XXXX XXXX and XXXX XXXXXXXX XXXX in a class action law suit over these mortgages and received a settlement. ( See attached file : Certificate Holders Class Action ). As a result these debts are satisfied. The mortgages should be canceled and the liens should be removed from the property. \n\nXXXX XXXX states it has no authority or responsibility to review and or approve or disapprove of these decisions and actions and that the servicer is the party to the Trust that has the authority and responsibility to make decisions and take action regarding individual mortgage loans in the trust. ( See attached file : XXXX XXXX-XXXX XXXX XXXX XXXX XXXX ). However the servicer is a licensed debt collection agency in disguise which uses mortgage assistance as an illegal method of debt collection to foreclose on homes. ( See attached file : Agent Beneficiary Perjury ). \n\nAll letters relating to mortgage assistance have the disclaimer at the bottom that it is communication from a debt collector attempting to collect a debt and any information obtained will be used for that purpose. This is a direct violation of the Dodd-Frank Wall Street Reform Consumer Protection Act the Fair Debt Collection Practices Act, and various Consumer Rights Laws and the CFPB has taken action against XXXX, XXXX XXXX, and XXXX over this very problem. Furthermore XXXX has shared my personal information with third parties without providing the form to restrict/limit this and continues to share my personal information after I restricted/limited this. This is precisely why in over three years I have been unable to get XXXX to underwrite my application for mortgage assistance and it is painfully obvious the very person responsible for my loan at XXXX is still in control at XXXX. As a result the Control Officer, XXXX XXXX, committed perjury in her California Declaration of Compliance which states : On XX/XX/XXXX contact was made with the borrower to assess the borrowers financial situation and explore options for the borrower to avoid foreclosure ( See attached file : Agent Beneficiary Perjury ). XXXX is a licensed debt collection agency. There is no way any reasonable person would believe options were ever legitimately explored to avoid foreclosure. Therefore XXXX XXXX clearly committed perjury. \n\nFurthermore the California Declaration of Compliance states at the top that the Beneficiary is XXXX XXXX on behalf of the holders of the XXXX Pass-Through Certificates, Series XX/XX/XXXX-XXXX. Then at the bottom it states XXXX XXXX XXXX , XXXX is the authorized agent of Beneficiary. This would mean that a licensed debt collection agency disguised as a mortgage loan servicer that uses mortgage assistance as an illegal method of debt collection to foreclose on my home, is the authorized agent for the certificate holders who are the actual owners of my mortgage and note. \n\nHowever the law states : The trustee holds a power of sale. If the debtor defaults on the loan, the beneficiary may demand that the trustee conduct a nonjudicial foreclosure sale. ( XXXX, XXXX, XXXX XXXX at p. 926. ) Thus, while a trustee initiates the nonjudicial foreclosure sale, it may do so only at the direction of the person or entity that currently holds the note and the beneficial interest under the deed of trustthe original beneficiary or its assigneeor that entitys agent. ( Id. At p. 927 ; Civil Code, 2924, subd. ( a ) ( 1 ) [  notice of default may be filed for record only by [ t ] he trustee, mortgagee, or beneficiary, or any of their authorized agents ] ; unless otherwise set forth, statutory section references that follow are to the Civil Code. ) However XXXX XXXX is not the original beneficiary or its assignee. That is likely why XXXX XXXX contends it is merely the trustee for the trust that owns my mortgage and note and that the certificate holders are the owners of the trust. The deed of trust names XXXX XXXX as the original beneficiary and not the certificate holders. As the XXXX XXXX Court of Appeal ruled it was hearsay that the predecessor bank was successor to the original beneficiary, so the overall truthfulness of the assignment of the deed of trust remained subject to dispute as well. This is supported by testimony that there are no assignments of mortgages or anything transferring ownership from XXXX to XXXX. ( See attached file : CA XXXX XXXX Court of Appeal ). \n\nFurthermore XXXX sued the FDIC over the acquisition of XXXX and received a settlement. XXXX XXXX XXXX XXXX and XXXX XXXX contend that XXXX is the agent of the Beneficiary which is XXXX XXXX on behalf of the holders of the XXXX Mortgage Pass-Through Certificates. In addition, as explained above, the certificate holders sued XXXX XXXX and received a settlement. So it is disingenuous to claim XXXX is the agent for the certificate holders. If XXXX XXXX is merely the trustee for the certificate holders and XXXX is the agent for XXXX XXXX then XXXX would be acting on behalf of the certificate holders who received a settlement from XXXX XXXX and XXXX would be acting on behalf of the certificate holders after XXXX received a settlement from the FDIC. No reasonable person would believe this and I dispute it. This is likely why XXXX has declined my Qualified Written Request to provide the agreements that would allow this and cites they are privileged or proprietary, overly broad, unduly burdensome, and XXXX is not required to respond. \n\nXXXX is acting as XXXX XXXX agent who according to XXXX XXXX has the authority and responsibility to make decisions and take action regarding individual mortgage loans in the trust. So although XXXX XXXX states it is the trustee for the trust that owns my mortgage and note, XXXX XXXX has no authority or responsibility to review and or approve or disapprove of these decisions and actions. Furthermore the letter from XXXX XXXX XXXX dated XX/XX/XXXX states : XXXX XXXX XXXX XXXX XXXX has been authorized by the servicer/creditor to initiate foreclosure proceedings ( See attached file : Current Creditor ). This implies that XXXX XXXX approves of this decision for XXXX XXXX XXXX XXXX XXXX to initiate foreclosure proceedings. However as XXXX XXXX states : XXXX XXXX has no authority or responsibility to review and or approve or disapprove of these decisions and actions and that the trust is the owner of the mortgage and note, not the trustee.the servicer has taken all action regarding your property. ( See attached file : XXXX XXXX XXXX XXXX XXXX XXXX ). \n\nAlso the letter from XXXX XXXX XXXX states the full amount owed is {>= $1,000,000}. As in the class action suit against XXXX, the court explains how A debt buyer purchases consumer debts that have been written off by the original creditor, generally acquiring the debts for a fraction of the balance, and then attempting to collect the entire debt. XXXX v. XXXX XXXX. XXXX, XXXX , XXXX XXXX XXXX, XXXX ( XXXX XXXX XX/XX/XXXX ). The court also stated \" The court is troubled by the prospect that this case may involve a third-party debt buyer attempting to collect money from a consumer on a debt she does not owe. ( See attached file : XXXX Class Action FDCPA ). This is further supported by the monthly mortgage statements that show a balance and disclaimer it is an attempt to collect a debt. ( See attached file : Mortgage Statement ) and page XXXX of the attached file Payoff Statement. \n\nAccording to XXXX XXXX, XXXX would be acting on its own to instruct XXXX XXXX XXXX XXXX to initiate non-judicial foreclosure proceedings. This would not be in accordance with the law. Therefore I sent a certified letter to XXXX XXXX XXXX XXXX XXXX XXXX informing them of this problem. ( See attached file : XXXX XXXX-Certified Letter ). Although the agent for the Beneficiary may demand the trustee conduct a non-judicial foreclosure sale, it would do so on behalf of the original beneficiary or its assignee. That is likely why XXXX contends at the top of page two of the letter dated XX/XX/XXXX that XXXX XXXX is the Note Holder. ( See attached file : XXXX XXXX Note Holder ). \n\nXXXX XXXX only did the underwriting. The actual money to fund my loan came from investors. However XXXX XXXX converted my mortgage and note to a security and since a security can never be converted back into a note, it would be securities fraud for the note and security to both exist. As a result the security was placed in a trust and the investors were issued certificates of ownership in the trust that owns my mortgage and note. In doing so the note does not actually exist in the physical sense as the trust is considered an entity. Thus the notes were replaced with certificates of ownership in the trust. In order to foreclose on a property in California and most states, the original note is required to show ownership of the mortgage. This is obviously not possible without committing fraud and is a very well documented crime. \n\nIn states with judicial foreclosures, XXXX XXXX forecloses on homes as the trustee on behalf of the certificate holders as in the case of XXXX XXXX XXXX, Plaintiff, -vs- XXXX XXXX , et al., Defendant. ( See attached file : XXXX XXXX -VS- XXXX XXXX ). The real player was XXXX who then slipped in XXXX as a Successor to the Servicing of the loan in which there were no servicing duties. At trial they tried coming up with new fabricated documents but the Judge refused to admit them into evidence. Not only were the documents fabricated, the business records were a mixed bag of tricks with reversals of payments received and money going in and out of escrow that clearly could not be reconciled. The robo-witness could not come up with a default date nor could he reconcile the amount demanded for reinstatement with any terms of the loan. Had this property been in a non-judicial foreclosure state, the property would have been illegally foreclosed upon. \n\nThis is the problem in a non-judicial foreclosure state ; the trustee is not independent as the California State Supreme Court ruled trustees are supposed to be independent and arms length in a Deed of Trust contract. This ruling from the CA Supreme Court was filed in XX/XX/XXXX from the XXXX v Superior Court of XXXX XXXX XXXX case. \n\nHowever, in XX/XX/XXXX the CA legislature created SB 1638 which redefined how a substitution of trustee is able to take place. This bill became enacted law in XX/XX/XXXX, therein making EVERY deed of trust agreement issued by a financial institution since that date fraudulent on its face and therefore VOID. \n\nThe bank substituted a Trustee without my permission, acceptance or knowledge and XXXX XXXX XXXX XXXX XXXX XXXX acknowledges it may be acting as a debt collector attempting to collect a debt. Thus the trustee is clearly not independent and since it is evidently unsure if foreclosure is debt collection, it can not ignore the fact that I dispute the debt and that it can not verify the debt. Given the history of the mortgage, the two years of unsuccessful foreclose action and all the facts, the only option is to immediately inform me the foreclosure is cancelled. \n\nEvery change in a real estate contract must be agreed to and signed by all parties involved in the agreement throughout the life of the agreement or it is against the Statue of Frauds ( 1677 ). This is BASIC real estate contract law. The other problem with the substituted change is that the bank did this without my knowledge or consent. According to SB1638 ( XX/XX/XXXX ) the bank is allowed to change the trustee at their discretion. \n\nThis means that the acting trustee is not allowed to NOT be substituted if they deem so otherwise. As a result the trustee is NOT independent, as it was ruled by the CA Supreme Court in XX/XX/XXXX in XXXX v Superior Court of XXXX XXXX XXXX [ XXXX XXXX XXXX }. \n\nThe independence of the Trustee is deemed imperative to the non-judicial foreclosure process because the courts have given the trustee the presumption of correctness. This means that it is the intention of the non-judicial process that the trustee act as the court and therein what the trustee states as true and correct is deemed true and correct. This is due to the fact that the trustee is to be independent as based on the Supreme Courts ruling in XX/XX/XXXX. However, in XX/XX/XXXX, the Senate Bill 1638 became enacted law in XX/XX/XXXX. \n\nThis Bill allowed the banks to substitute the trustee at the will of the bank. Consequently the trustee is controlled by the financial institution. Therefore there is no independence of a trustee at the inception of the Deed of Trust agreement. Thus if the bank does not inform the borrower of this fact at the inception of the contract agreement then they have deceived the borrower into using a Deed of Trust agreement. Through this misrepresentation by the banks of the material fact that the trustee is not independent, the Deed of Trust agreement is in fact fraudulent on its face and therefore VOID because there was never a legal Deed of Trust contract agreement to begin with. \n\nAs the trustee is given the presumption of correctness in all of the their actions in a non-judicial foreclosure procedure in the state of CA, it is assumed that all of the documents and actions by either party that the trustee is entrusted to deem as true and correct are in fact so. The trustee is entrusted to make sure that the banks and mortgage servicers follow all of the rules to the deed of trust and the power of sale clause, CA Civil Code 2924 et al, in the state of CA. If the bank controls the trustee and is allowed to break the rules of the power of sale clause then the trustee is incapable of acting in the best interest of the borrower at any point of the duration of the deed of trust agreement. \n\nI was deceived by XXXX XXXX in that XXXX knew all along the trustee was not independent and was in fact controlled by the bank since the inception of the deed of trust agreement. That is precisely why after two trustees would no longer conduct a trustee sale, a third trustee has been substituted in to illegally foreclose on my home. If this were a civil case agsint me, it would be dismissed and the prosecution would be prohibited from suing me again over the same claim. If the banks are able to repeatedly substitute a trustee it is just a matter of time before the bank forecloses on my home. Given everything, it is impossible for the trustee to foreclose on my home and claim to be independent.","date_sent_to_company":"2017-12-15T16:03:38.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Mortgage debt","zip_code":"92037","tags":null,"has_narrative":true,"complaint_id":"2748915","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"FIRST AMERICAN FINANCIAL CORPORATION","date_received":"2017-12-07T23:05:47.000Z","state":"CA","company_public_response":null,"sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["This is precisely why in over <em>three</em> years I have <em>been</em> unable to get XXXX to underwrite my application for mortgage assistance and it is painfully obvious the very person responsible for my <em>loan</em> at XXXX is still in control at XXXX."]},"sort":[7.5357413,"2748915"]},{"_index":"complaint-public-v1","_id":"10718799","_score":5.8197985,"_source":{"product":"Debt collection","complaint_what_happened":"I XXXX XXXX XXXX XXXX XXXX Executor XXXX XXXX XXXX XXXX Nebraska XXXX United States of American I XXXX XXXX XXXX , have look at my credit report and see that there are inaccurate reports on my account child support dont not report to credit reporters and by lawful cancellation all contracts and remove theses accounts off my credit profile I will like a contract to show that me a living soul that me and them the other party showed in contact where we both agreed upon on all disclosure must be showed its a invalid contract please remove from my credit report it have hinder me from my future benefits. UCC 1-308 without prejudice Please remove these accounts immediately. I Recently viewed my credit report and saw that there is incorrect information on my credit report. In accordance with the Fair Credit Reporting act. These accounts is inaccurate and dont have no contract with me or did not notify me or put me on notice that was going to report these accounts on my credit report. I have the rights to private I will love equity for all the inaccurate accounts on my credit report.The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. \nXXXX XXXX XXXX XXXX HAVE VIOLATED MY RIGHTS [ XXXX PLEASE DELETE OR UPDATE LATE PAYMENT TO PAID XXXX XXXX THIS ACCOUNT XXXX XXXX XXXX XXXX HAVE VIOLATED MY RIGHT NAT ACCTSYS XX/XX/XXXX have VIOLATED MY RIGHTS I WIL LIKE {$1000.00} dollar for every violation its stopped me from gettIng a place to live and I have already sent letters and emails no response back delete these accounts immediately IMMEDIATE AND SEND CHECK BY MAIL. These accounts dose not match on all credit reports please delete 15 USC 1681e ( B ) NAT ACCT SYS : XXXX  ) CHILD SUPPORT : XXXX, XXXX and XXXX XXXX have removed and deleted this child support. I would like for XXXX and XXXX have deleted it and put it back in my credit report by law thats illegal I will like for these accounts to be deleted and remove this account immediately. TENNESSEE DEPT. OF H : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  has violated my rights. 15 U.S.C 6802 ( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish an account without my written instructions. 15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C 1681 section 623 If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623 ( a ) ( 1 ) ( B ). 15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Also the credit bureaus failed to do a complete a full investigation here is my certified cfpb complaint number. I HAVE TRYING CALLING AND MORE AND HAVE NOT GOT NOT MAIL TO UPDATE ME ON MY credit profile and I dont not want the reporting any thing for me on my credit account I am a living man I can conduct my own business and have the right to privacy bay law UCC I SEE THEY ARE FAILED TO COMPLETE A FULL investigation. You have 4 days to delete this from my account immediately its hurt my credit profile from getting a response please to live and depender automobile to travel XXXX XXXX XXXX is my correct name this is a violation. I want this these account CLOSE WITH MONETARY RELIEF. They had fail to mail or email me a FRA Letter explaining my rights and show me proof of my wet signature.. Please remove these hard inquiries from my account I have not received no funds or service with these companies 15 U.S. Code 1681q - Obtaining information under false pretenses Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both. 15 U.S. Code 1666b - Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. ( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. 15 U.S. Code 1638 - Transactions other than under an open end credit plan a ) Required disclosures by creditor For each consumer credit transaction other than under an open end credit plan, the creditor shall disclose each of the following items, to the extent applicable : ( 1 ) The identity of the creditor required to make disclosure. ( 2 ) ( A ) The amount financed, using that term, which shall be the amount of credit of which the consumer has actual use. This amount shall be computed as follows, but the computations need not be disclosed and shall not be disclosed with the disclosures conspicuously segregated in accordance with subsection ( b ) ( 1 ) : ( i ) take the principal amount of the loan or the cash price less downpayment and trade-in; ( ii ) add any charges which are not part of the finance charge or of the principal amount of the loan and which are financed by the consumer, including the cost of any items excluded from the finance charge pursuant to section 1605 of this title; and ( iii ) subtract any charges which are part of the finance charge but which will be paid by the consumer before or at the time of the consummation of the transaction, or have been withheld from the proceeds of the credit. ( B ) In conjunction with the disclosure of the amount financed, a creditor shall provide a statement of the consumers right to obtain, upon a written request, a written itemization of the amount financed. The statement shall include spaces for a yes and no indication to be initialed by the consumer to indicate whether the consumer wants a written itemization of the amount financed. Upon receiving an affirmative indication, the creditor shall provide, at the time other disclosures are required to be furnished, a written itemization of the amount financed. For the purposes of this subparagraph, itemization of the amount financed means a disclosure of the following items, to the extent applicable : ( i ) the amount that is or will be paid directly to the consumer ; ( ii ) the amount that is or will be credited to the consumers account to discharge obligations owed to the creditor ; ( iii ) each amount that is or will be paid to third persons by the creditor on the consumers behalf, together with an identification of or reference to the third person; and ( iv ) the total amount of any charges described in the preceding subparagraph ( A ) ( iii ). ( 3 ) The finance charge, not itemized, using that term. ( 4 ) The finance charge expressed as an annual percentage rate, using that term. This shall not be required if the amount financed does not exceed {$75.00} and the finance charge does not exceed {$5.00}, or if the amount financed exceeds {$75.00} and the finance charge does not exceed {$7.00}. ( 5 ) The sum of the amount financed and the finance charge, which shall be termed the total of payments. ( 6 ) The number, amount, and due dates or period of payments scheduled to repay the total of payments. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX TO THE UNITED STATES COURT OF APPEALS FOR THE XXXX XXXX XXXX XXXX Argued XX/XX/XXXX, XXXXDecided XX/XX/XXXX Respondents, XXXX XXXX XXXX whose children are eligible for state child support services under Title IV -D of the Social Security Act, filed this 42 U. S. C. 1983 suit against petitioner, the director of the state child support agency, claiming, among other things, that they properly applied for child support services ; that, despite their good faith efforts to cooperate, the agency never took adequate steps to obtain child support payments for them ; that these omissions were largely attributable to staff shortages and other structural defects in the State 's program ; and that these systemic failures violated their individual rights under Title IV-D to have all mandated services delivered in substantial compliance with the title and its implementing regulations. They requested broad relief, including a declaratory judgment that the Arizona program 's operation violates Title IV -D provisions creating rights in them that are enforceable through a XXXX action, and an injunction requiring the director to achieve substantial compliance with Title IV-D throughout all programmatic operations. The District Court granted summary judgment for petitioner, but the Ninth Circuit reversed. Without distinguishing among the numerous provisions of the complex Title IV-D program or the many rights those provisions might have created, the latter court held that respondents had an enforceable individual right to have the State achieve \" substantial compliance '' with Title IV-D. It also disagreed with the District Court 's conclusion that Congress had foreclosed private Title IV-D enforcement actions by authorizing the Secretary of Health and Human Services ( Secretary ) to audit and cut off funds to States whose programs do not substantially comply with Title IV-D 's requirements Held : Title IV-D does not give individuals a federal right to force a state agency to substantially comply with Title IV-D. Pp.340-349. ( a ) A plaintiff seeking XXXX redress must assert the violation of a federal right, not merely of federal law. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Three principal factors determine whether a statutory provision creates a privately 15 U.S.C 1692g Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. ( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ). ( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section. 15 U.S. Code 1681q - Obtaining information under false pretenses U.S. Code Notes prev | next Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both. To who it may concern, After viewing a copy of my credit report, I noticed a collection account placed on my credit report from you in XXXX I am requesting that you allow me to validate the alleged debt. I am unaware of any outstanding medical bills that I possess, and I am seeking the name and hospital/medical provider to which I owe the debt and a detailed breakdown of the fees that I owe. Additionally, I am allowed under the XXXX insurance Portability and Accountability Act ( HIPAA ] to protect my privacy and medical records from third parties. I did not give permission to any of my current or prior medical providers to release any of my medical information to a third party. I am aware that the HIPAA does allows the release of limited information about me but anything more is to only be revealed with the patient 's authorization. Therefore, my request is twofold-validation of debt and HIPAA authorization . Please provide breakdown of fees including any collection costs and medical charges. Provide a copy of my signature with the provider of service to release my medical information to you.Cease any credit bureau reporting until the debt has been validated by me, Please send this information to my address listed above and accept this letter, sent certified mail, as my formal debt validation request, which I am allowed under the FDCPA. Please note that withholding the information you received from any medical provider in an attempt to be HIPAA compliant can be a violation of the FDCPA because you will be deceiving me after my written request. I request full documentation of what you received from the provider of service in connection with this alleged debt. Additionally, any reporting of this debt to the credit bureaus prior to allowing me to validate it is a violation of the Fair Credit Reporting Act, which can allow me to seek damages from a collection agency. I will await your reply with above requested proof. Upon receiving it, I will correspond back by certified mail. 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 my legal counsel for suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when in fact there is no provided proof that it is accurate. If your company fails 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 report and a copy of such deletion ( to any/all of the 3 major credit reporting bureaus : XXXX, XXXX and XXXX ) request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose 's 18 U.S. Code 1028A - Aggravated identity theft U.S. Code Notes prev | next ( a ) Offenses. ( 1 ) In general. Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. ( 2 ) Terrorism offense. Whoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years. Without prejudice UCC 1-308 all rights reserved 15 U.S. Code 1692f - Unfair practices U.S. Code Notes A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.\n\n( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collectors intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.\n\n( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.\n\n( 4 ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.\n\n( 5 ) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.\n\n( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement.\n\n( 7 ) Communicating with a consumerregarding a debt by post card.\n\n( 8 ) Using any language or symbol, other than the debt collectors address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. \n\n( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information U.S. Code Notes prev | next ( 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.\n\n( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\n( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.\n\n( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.\n\n( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C. 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. \n( Pub. L. 106102, title V, 502, Nov. 12, 1999, 113 Stat. 1437 ; Pub. L. 111203, title X, 1093 ( 2 ), July 21, 2010, 124 Stat. 2095.\n\n)\n\n18 U.S. Code 1028 - Fraud and related activity in connection with identification documents, authentication features, and information U.S. Code Notes prev | next ( a ) Whoever, in a circumstance described in subsection ( c ) of this section ( 1 ) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document ; ( 2 ) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority ; ( 3 ) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents ( other than those issued lawfully for the use of the possessor ), authentication features, or false identification documents ; ( 4 ) knowingly possesses an identification document ( other than one issued lawfully for the use of the possessor ), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States ; ( 5 ) knowingly produces, transfers, or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used ; ( 6 ) knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority ; ( 7 ) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law ; or ( 8 ) knowingly traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification ; shall be punished as provided in subsection ( b ) of this section.\n\n( b ) The punishment for an offense under subsection ( a ) of this section is ( 1 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 15 years, or both, if the offense is ( A ) the production or transfer of an identification document, authentication feature, or false identification document that is or appears to be ( i ) an identification document or authentication feature issued by or under the authority of the United States ; or ( ii ) a birth certificate, or a drivers license or personal identification card ; ( B ) the production or transfer of more than five identification documents, authentication features, or false identification documents ; ( C ) an offense under paragraph ( 5 ) of such subsection ; or ( D ) an offense under paragraph ( 7 ) of such subsection that involves the transfer, possession, or use of 1 or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating {$1000.00} or more during any 1-year period ; ( 2 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 5 years, or both, if the offense is ( A ) any other production, transfer, or use of a means of identification, an identification document,, [ 1 ] authentication feature, or a false identification document ; or ( B ) an offense under paragraph ( 3 ) or ( 7 ) of such subsection ; ( 3 ) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed ( A ) to facilitate a drug trafficking crime ( as defined in section 929 ( a ) ( 2 ) ) ; ( B ) in connection with a crime of violence ( as defined in section 924 ( c ) ( 3 ) ) ; or ( C ) after a prior conviction under this section becomes final ; ( 4 ) a fine under this title or imprisonment for not more than 30 years, or both, if the offense is committed to facilitate an act of domestic terrorism ( as defined under section 2331 ( 5 ) of this title ) or an act of international terrorism ( as defined in section 2331 ( 1 ) of this title ) ; ( 5 ) in the case of any offense under subsection ( a ), forfeiture to the United States of any personal property used or intended to be used to commit the offense ; and ( 6 ) a fine under th","date_sent_to_company":"2024-11-13T15:50:19.000Z","issue":"Written notification about debt","sub_product":"Rental debt","zip_code":"68502","tags":null,"has_narrative":true,"complaint_id":"10718799","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"National Account Systems of Omaha, LLC","date_received":"2024-11-06T18:11:21.000Z","state":"NE","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Didn't receive notice of right to dispute"},"highlight":{"complaint_what_happened":["Without distinguishing <em>among</em> the numerous provisions of the complex Title IV-D program or the many rights those provisions might have created, the latter court held that respondents had an enforceable individual right to have the State achieve \" substantial <em>compliance</em> '' with Title IV-D."]},"sort":[5.8197985,"10718799"]},{"_index":"complaint-public-v1","_id":"9536025","_score":5.7951965,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I XXXX XXXX XXXX XXXX XXXX Executor XXXX XXXX XXXX XXXX XXXX XXXX United States XXXX XXXX XXXX XXXX XXXX XXXX XXXX have look at my credit report and see that there are inaccurate reports on my account XXXX XXXX dont not report to credit reporters and by lawful cancellation all contracts and remove theses accounts off my credit profile I will like a contract to show that me a living soul that me and them the other party showed in contact where we both agreed upon on all disclosure must be showed its a invalid contract please remove from my credit report it have hinder me from my future benefits. UCC 1-308 without prejudice Please remove these accounts immediately. I Recently viewed my credit report and saw that there is incorrect information on my credit report. In accordance with the Fair Credit Reporting act. These accounts is inaccurate and dont have no contract with me or did not notify me or put me on notice that was going to report these accounts on my credit report. I have the rights to private I will love equity for all the inaccurate accounts on my credit report.The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. I HAVE NOTICE THESE NAMES AND ADDRESSES XXXX XXXX XXXX XXXX XXXX XXXX is not my address DO NOT BELONG TO ME CAN YOU PLEASE REMOVE THIS ADDRESS FROM MY INFORMATION ON MY CREDIT REPORT IMMEDIATELY. XXXX XXXX XXXX XXXX I have tried time after times delete this off my credit report immediately this is not acting in good Faith by law Trans Union and XXXX to delete this account immediately yes XXXX have deleted this account so I would like this account to delete immediately. ( XXXX XXXX XXXX XXXX XXXXXX ) XXXX XXXX XXXX XXXX, XXXX and Trans Union have removed and deleted this XXXX XXXX. I would like for XXXX and XXXX have deleted it and put it back in my credit report by law thats illegal I will like for these accounts to be deleted and remove this account immediately. XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) XXXX XXXXXXXX XXXX : XXXX, has violated my rights. 15 U.S.C 6802 ( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish an account without my written instructions. 15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C 1681 section 623 If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section XXXX ( a ) ( XXXX ) ( B ). XXXX XXXX. XXXX ( A ) ( XXXX ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Also the credit bureaus failed to do a complete a full investigation here is my certified cfpb complaint number. I HAVE TRYING CALLING AND MORE AND HAVE NOT GOT NOT MAIL TO UPDATE ME ON MY credit profile and I dont not want the reporting any thing for me on my credit account I am a living man I can conduct my own business and have the right to privacy bay law UCC I SEE THEY ARE FAILED TO COMPLETE A FULL investigation. You have 4 days to delete this from my account immediately its hurt my credit profile from getting a response please to live and depender automobile to travel XXXX XXXX XXXX is my correct name this is a violation. I want this these account CLOSE WITH MONETARY RELIEF. They had fail to mail or email me a XXXX XXXX explaining my rights and show me proof of my wet signature.. Please remove these hard inquiries from my account I have not received no funds or service with these companies XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX 15 U.S. Code 1681i - Procedure in case of disputed accuracy ( 5 ) Treatment of inaccurate or unverifiable information ( A ) In general If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation ; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer. 15 U.S. Code 1681q - Obtaining information under false pretenses Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both. 15 U.S. Code 1666b - Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. ( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. 15 U.S. Code 1638 - Transactions other than under an open end credit plan a ) Required disclosures by creditor For each consumer credit transaction other than under an open end credit plan, the creditor shall disclose each of the following items, to the extent applicable : ( 1 ) The identity of the creditor required to make disclosure. ( 2 ) ( A ) The amount financed, using that term, which shall be the amount of credit of which the consumer has actual use. This amount shall be computed as follows, but the computations need not be disclosed and shall not be disclosed with the disclosures conspicuously segregated in accordance with subsection ( b ) ( 1 ) : ( i ) take the principal amount of the loan or the cash price less downpayment and trade-in; ( ii ) add any charges which are not part of the finance charge or of the principal amount of the loan and which are financed by the consumer, including the cost of any items excluded from the finance charge pursuant to section 1605 of this title; and ( iii ) subtract any charges which are part of the finance charge but which will be paid by the consumer before or at the time of the consummation of the transaction, or have been withheld from the proceeds of the credit. ( B ) In conjunction with the disclosure of the amount financed, a creditor shall provide a statement of the consumers right to obtain, upon a written request, a written itemization of the amount financed. The statement shall include spaces for a yes and no indication to be initialed by the consumer to indicate whether the consumer wants a written itemization of the amount financed. Upon receiving an affirmative indication, the creditor shall provide, at the time other disclosures are required to be furnished, a written itemization of the amount financed. For the purposes of this subparagraph, itemization of the amount financed means a disclosure of the following items, to the extent applicable : ( i ) the amount that is or will be paid directly to the consumer ; ( ii ) the amount that is or will be credited to the consumers account to discharge obligations owed to the creditor ; ( iii ) each amount that is or will be paid to third persons by the creditor on the consumers behalf, together with an identification of or reference to the third person; and ( iv ) the total amount of any charges described in the preceding subparagraph ( A ) ( iii ). ( 3 ) The finance charge, not itemized, using that term. ( 4 ) The finance charge expressed as an annual percentage rate, using that term. This shall not be required if the amount financed does not exceed {$75.00} and the finance charge does not exceed {$5.00}, or if the amount financed exceeds {$75.00} and the finance charge does not exceed {$7.00}. ( 5 ) The sum of the amount financed and the finance charge, which shall be termed the total of payments. ( 6 ) The number, amount, and due dates or period of payments scheduled to repay the total of payments. XXXX XXXX  XXXX, XXXX XXXX XXXX ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX No. XXXX. Argued XX/XX/XXXX, XXXX XX/XX/XXXX Respondents, XXXX XXXX mothers whose children are eligible for state child support services under XXXX XXXX XXXX of the Social Security Act, filed this 42 U. S. C. 1983 suit against petitioner, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, claiming, among other things, that they properly applied for child support services ; that, despite their good faith efforts to cooperate, the agency never took adequate steps to obtain child support payments for them ; that these omissions were largely attributable to staff shortages and other structural defects in the State 's program ; and that these systemic failures violated their individual rights under Title IV-D to have all mandated services delivered in substantial compliance with the title and its implementing regulations. They requested broad relief, including a declaratory judgment that the XXXX program 's operation violates Title IV -D provisions creating rights in them that are enforceable through a XXXX action, and an injunction requiring the XXXX to achieve substantial compliance with Title IV-D throughout all programmatic operations. The XXXX XXXX granted summary judgment for petitioner, but the XXXX XXXX reversed. Without distinguishing among the numerous provisions of the complex XXXX XXXX program or the many rights those provisions might have created, the latter court held that respondents had an enforceable individual right to have the XXXX achieve \" substantial compliance '' with XXXX XXXX. It also disagreed with the XXXX XXXX 's conclusion that XXXX had foreclosed private Title IV-D enforcement actions by authorizing the Secretary of Health and Human Services ( Secretary ) to audit and cut off funds to States whose programs do not substantially comply with Title IV-D 's requirements Held : Title IV-D does not give individuals a federal right to force a state agency to substantially comply with Title IV-D. XXXX. ( a ) A plaintiff seeking XXXX redress must assert the violation of a federal right, not merely of federal law. XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX XXXX, XXXX. Three principal factors determine whether a statutory provision creates a privately enforceable right : ( 1 ) whether the plaintiff is an intended beneficiary of the statute ; ( 2 ) whether the plaintiff 's asserted interests are not so vague and amor- XXXX XXXX XXXX as to be beyond the competence of the judiciary to enforce ; and ( XXXX ) whether the statute imposes a binding obligation on the State. See, e. g., XXXX XXXXXXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX XXXX, XXXX. Even if a plaintiff demonstrates such a right, however, there is only a rebuttable presumption that it is enforceable under XXXX. Dismissal is proper if XXXX specifically foreclosed a XXXX remedy, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX, XXXX, either expressly, by forbidding recourse to XXXX in the statute itself, or impliedly, by creating a comprehensive enforcement scheme that is incompatible with individual XXXX enforcement, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX pp. XXXX. ( b ) Respondents have not established that XXXX XXXX gives them individually enforceable federal rights. In prior cases, the XXXX has been able to determine whether or not a statute created such rights because the plaintiffs articulated, and lower courts evaluated, welldefined claims. See, XXXX XXXX, XXXX XXXX XXXX XXXX and XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX. Here, respondents have not identified with particularity the rights they claim, and the XXXX XXXX has not engaged in the requisite methodical inquiry. That court erred in apparently holding that individuals have an enforceable right to \" substantial compliance '' with XXXX XXXX in all respects. The statutory \" substantial compliance '' requirement, see, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( a ) ( XXXX ) ( XXXX XXXX, Supp. XXXX ), does not give rise to individual rights ; it was not intended to benefit individual children and custodial parents, but is simply a yardstick for the Secretary to measure the systemwide performance of a XXXX 's XXXX XXXX program, allowing her to increase the frequency of audits and reduce the XXXX 's federal grant upon a finding of substantial noncompliance. The XXXX XXXX XXXX also erred in taking a blanket approach to determining whether XXXX XXXX creates rights : It is readily apparent that many of the provisions of that multifaceted statutory scheme, including its \" substantial compliance '' standard and data processing, staffing, and organizational requirements, do not fit any of the traditional criteria for identifying statutory rights. Although this XXXX does not foreclose the possibility that some Title IV-D provisions give rise to individual rights, the Ninth Circuit did not separate out the particular rights it believed arise from the statutory scheme, the complaint is less than clear in this regard, and it is not certain whether respondents sought any relief more specific than a declaration that their \" rights '' were being violated and an injunction forcing petitioner to \" substantially comply '' with all of Title IV-D 's provisions. This defect is best addressed by sending the case back for the XXXX XXXX to construe the complaint in the first instance, in order to determine exactly what rights, considered in their most concrete, specific form, respondents are asserting. Only by manageably breaking down the XXXX XXXX Code XXXX - Civil action for deprivation of rights Every person who, under XXXX of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial XXXX for an act or omission taken in such officers judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any XXXX of XXXX applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. Credit card Code 15 U.S. Code 1692k - Civil liability Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorneys fees reasonable in relation to the work expended and costs. ( b ) Factors considered by court In determining the amount of liability in any action under subsection ( a ), the court shall consider, among other relevant factors ( 1 ) in any individual action under subsection ( a ) ( 2 ) ( A ), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or ( 2 ) in any class action under subsection ( a ) ( 2 ) ( B ), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collectors noncompliance was intentional. ( c ) Intent A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. ( d ) Jurisdiction An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs. ( e ) Advisory opinions of Bureau No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Bureau, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. 15 U.S. Code 1642 - Issuance of credit cards No credit card shall be issued except in response to a request or application therefor. This prohibition does not apply to the issuance of a credit card in renewal of, or in substitution for, an accepted credit card. 15 U.S.C 1692g Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. ( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ). ( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section. 15 U.S. Code 1681q - Obtaining information under false pretenses U.S. Code Notes prev | next Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both. To who it may concern, After viewing a copy of my credit report, I noticed a collection account placed on my credit report from you in 2023 I am requesting that you allow me to validate the alleged debt. I am unaware of any outstanding medical bills that I possess, and I am seeking the name and hospital/medical provider to which I owe the debt and a detailed breakdown of the fees that I owe. Additionally, I am allowed under the Heath insurance Portability and Accountability Act ( HIPAA ] to protect my privacy and medical records from third parties. I did not give permission to any of my current or prior medical providers to release any of my medical information to a third party. I am aware that the HIPAA does allows the release of limited information about me but anything more is to only be revealed with the patient 's authorization. Therefore, my request is twofold-validation of debt and HIPAA authorization . Please provide breakdown of fees including any collection costs and medical charges. Provide a copy of my signature with the provider of service to release my medical information to you.Cease any credit bureau reporting until the debt has been validated by me, Please send this information to my address listed above and accept this letter, sent certified mail, as my formal debt validation request, which I am allowed under the FDCPA. Please note that withholding the information you received from any medical provider in an attempt to be HIPAA compliant can be a violation of the FDCPA because you will be deceiving me after my written request. I request full documentation of what you received from the provider of service in connection with this alleged debt. Additionally, any reporting of this debt to the credit bureaus prior to allowing me to validate it is a violation of the Fair Credit Reporting Act, which can allow me to seek damages from a collection agency. I will await your reply with above requested proof. Upon receiving it, I will correspond back by certified mail. 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 my legal counsel for suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when in fact there is no provided proof that it is accurate. If your company fails 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 report and a copy of such deletion ( to any/all of the XXXX major credit reporting bureaus : XXXX, XXXX and TransUnion ) request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by XXXX. It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose 's 18 U.S. Code 1028A - Aggravated identity theft U.S. Code Notes prev | next ( a ) Offenses. ( 1 ) In general. Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. ( 2 ) Terrorism offense. Whoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.\n\nWithout prejudice UCC 1-308 all rights reserved","date_sent_to_company":"2024-07-18T01:19:12.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"68502","tags":null,"has_narrative":true,"complaint_id":"9536025","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-07-18T01:19:10.000Z","state":"NE","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit inquiries on your report that you don't recognize"},"highlight":{"complaint_what_happened":["Without distinguishing <em>among</em> the numerous provisions of the complex XXXX XXXX program or the many rights those provisions might have created, the latter court held that respondents had an enforceable individual right to have the XXXX achieve \" substantial <em>compliance</em> '' with XXXX XXXX."]},"sort":[5.7951965,"9536025"]},{"_index":"complaint-public-v1","_id":"9536024","_score":5.7951965,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I XXXX XXXX XXXX XXXX XXXX Executor XXXX XXXX XXXX XXXX XXXX XXXX United States XXXX XXXX XXXX XXXX XXXX XXXX XXXX have look at my credit report and see that there are inaccurate reports on my account child support dont not report to credit reporters and by lawful cancellation all contracts and remove theses accounts off my credit profile I will like a contract to show that me a living soul that me and them the other party showed in contact where we both agreed upon on all disclosure must be showed its a invalid contract please remove from my credit report it have hinder me from my future benefits. UCC 1-308 without prejudice Please remove these accounts immediately. I Recently viewed my credit report and saw that there is incorrect information on my credit report. In accordance with the Fair Credit Reporting act. These accounts is inaccurate and dont have no contract with me or did not notify me or put me on notice that was going to report these accounts on my credit report. I have the rights to private I will love equity for all the inaccurate accounts on my credit report.The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under XXXX XXXX XXXX. I HAVE NOTICE THESE NAMES AND ADDRESSES XXXX XXXX XXXX XXXX XXXX XXXX is not my address DO NOT BELONG TO ME CAN YOU PLEASE REMOVE THIS ADDRESS FROM MY INFORMATION ON MY CREDIT REPORT IMMEDIATELY. XXXX XXXX XXXX XXXX I have tried time after times delete this off my credit report immediately this is not acting in good Faith by law XXXX XXXX and Equifax to delete this account immediately yes XXXX have deleted this account so I would like this account to delete immediately. ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Equifax and XXXX XXXX have removed and deleted this child support. I would like for XXXX and Equifax have deleted it and put it back in my credit report by law thats illegal I will like for these accounts to be deleted and remove this account immediately. XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) XXXX XXXXXXXX XXXX : XXXX, has violated my rights. 15 U.S.C 6802 ( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish an account without my written instructions. 15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C 1681 section 623 If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623 ( a ) ( 1 ) ( B ). 15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Also the credit bureaus failed to do a complete a full investigation here is my certified cfpb complaint number. I HAVE TRYING CALLING AND MORE AND HAVE NOT GOT NOT MAIL TO UPDATE ME ON MY credit profile and I dont not want the reporting any thing for me on my credit account I am a living man I can conduct my own business and have the right to privacy bay law UCC I SEE THEY ARE FAILED TO COMPLETE A FULL investigation. You have 4 days to delete this from my account immediately its hurt my credit profile from getting a response please to live and depender automobile to travel XXXX XXXX XXXX is my correct name this is a violation. I want this these account CLOSE WITH MONETARY RELIEF. They had fail to mail or email me a FRA Letter explaining my rights and show me proof of my wet signature.. Please remove these hard inquiries from my account I have not received no funds or service with these companies XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX 15 U.S. Code 1681i - Procedure in case of disputed accuracy ( 5 ) Treatment of inaccurate or unverifiable information ( A ) In general If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation ; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer. 15 U.S. Code 1681q - Obtaining information under false pretenses Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both. 15 U.S. Code 1666b - Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. ( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. 15 U.S. Code 1638 - Transactions other than under an open end credit plan a ) Required disclosures by creditor For each consumer credit transaction other than under an open end credit plan, the creditor shall disclose each of the following items, to the extent applicable : ( 1 ) The identity of the creditor required to make disclosure. ( 2 ) ( A ) The amount financed, using that term, which shall be the amount of credit of which the consumer has actual use. This amount shall be computed as follows, but the computations need not be disclosed and shall not be disclosed with the disclosures conspicuously segregated in accordance with subsection ( b ) ( 1 ) : ( i ) take the principal amount of the loan or the cash price less downpayment and trade-in; ( ii ) add any charges which are not part of the finance charge or of the principal amount of the loan and which are financed by the consumer, including the cost of any items excluded from the finance charge pursuant to section 1605 of this title; and ( iii ) subtract any charges which are part of the finance charge but which will be paid by the consumer before or at the time of the consummation of the transaction, or have been withheld from the proceeds of the credit. ( B ) In conjunction with the disclosure of the amount financed, a creditor shall provide a statement of the consumers right to obtain, upon a written request, a written itemization of the amount financed. The statement shall include spaces for a yes and no indication to be initialed by the consumer to indicate whether the consumer wants a written itemization of the amount financed. Upon receiving an affirmative indication, the creditor shall provide, at the time other disclosures are required to be furnished, a written itemization of the amount financed. For the purposes of this subparagraph, itemization of the amount financed means a disclosure of the following items, to the extent applicable : ( i ) the amount that is or will be paid directly to the consumer ; ( ii ) the amount that is or will be credited to the consumers account to discharge obligations owed to the creditor ; ( iii ) each amount that is or will be paid to third persons by the creditor on the consumers behalf, together with an identification of or reference to the third person; and ( iv ) the total amount of any charges described in the preceding subparagraph ( A ) ( iii ). ( 3 ) The finance charge, not itemized, using that term. ( 4 ) The finance charge expressed as an annual percentage rate, using that term. This shall not be required if the amount financed does not exceed {$75.00} and the finance charge does not exceed {$5.00}, or if the amount financed exceeds {$75.00} and the finance charge does not exceed {$7.00}. ( 5 ) The sum of the amount financed and the finance charge, which shall be termed the total of payments. ( 6 ) The number, amount, and due dates or period of payments scheduled to repay the total of payments. Blessing v. 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 No. XXXX. Argued XX/XX/XXXX, XXXX XX/XX/XXXX Respondents, XXXX XXXX mothers whose children are eligible for state child support services under Title IV -D of the Social Security Act, filed this 42 U. S. C. 1983 suit against petitioner, the director of the state child support agency, claiming, among other things, that they properly applied for child support services ; that, despite their good faith efforts to cooperate, the agency never took adequate steps to obtain child support payments for them ; that these omissions were largely attributable to staff shortages and other structural defects in the State 's program ; and that these systemic failures violated their individual rights under Title IV-D to have all mandated services delivered in substantial compliance with the title and its implementing regulations. They requested broad relief, including a declaratory judgment that the Arizona program 's operation violates Title IV -D provisions creating rights in them that are enforceable through a XXXX action, and an injunction requiring the XXXX to achieve substantial compliance with Title IV-D throughout all programmatic operations. The XXXX XXXX granted summary judgment for petitioner, but the XXXX XXXX reversed. Without distinguishing among the numerous provisions of the complex Title IV-D program or the many rights those provisions might have created, the latter court held that respondents had an enforceable individual right to have the State achieve \" substantial compliance '' with Title IV-D. It also disagreed with the District Court 's conclusion that Congress had foreclosed private Title IV-D enforcement actions by authorizing the Secretary of Health and Human Services ( Secretary ) to audit and cut off funds to States whose programs do not substantially comply with Title IV-D 's requirements Held : Title IV-D does not give individuals a federal right to force a state agency to substantially comply with Title IV-D. XXXX. ( a ) A plaintiff seeking XXXX redress must assert the violation of a federal right, not merely of federal law. XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX XXXX, XXXX. Three principal factors determine whether a statutory provision creates a privately enforceable right : ( 1 ) whether the plaintiff is an intended beneficiary of the statute ; ( 2 ) whether the plaintiff 's asserted interests are not so vague and amor- XXXX XXXX XXXX as to be beyond the competence of the judiciary to enforce ; and ( 3 ) whether the statute imposes a binding obligation on the State. See, e. g., XXXX XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX XXXX, XXXX. Even if a plaintiff demonstrates such a right, however, there is only a rebuttable presumption that it is enforceable under XXXX. Dismissal is proper if XXXX specifically foreclosed a XXXX remedy, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX, XXXX, either expressly, by forbidding recourse to XXXX in the statute itself, or impliedly, by creating a comprehensive enforcement scheme that is incompatible with individual XXXX enforcement, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX pp. XXXX. ( b ) Respondents have not established that XXXX XXXX gives them individually enforceable federal rights. In prior cases, the XXXX has been able to determine whether or not a statute created such rights because the plaintiffs articulated, and lower courts evaluated, welldefined claims. See, XXXX XXXX, XXXX XXXX XXXX XXXX and XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX. Here, respondents have not identified with particularity the rights they claim, and the XXXX XXXX has not engaged in the requisite methodical inquiry. That court erred in apparently holding that individuals have an enforceable right to \" substantial compliance '' with XXXX XXXX in all respects. The statutory \" substantial compliance '' requirement, see, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( a ) ( XXXX ) ( XXXX XXXX, Supp. XXXX ), does not give rise to individual rights ; it was not intended to benefit individual children and custodial parents, but is simply a yardstick for the XXXX to measure the systemwide performance of a XXXX 's XXXX XXXX program, allowing her to increase the frequency of audits and reduce the XXXX 's federal XXXX upon a finding of substantial noncompliance. The XXXX XXXX XXXX also erred in taking a blanket approach to determining whether XXXX XXXX creates rights : It is readily apparent that many of the provisions of that multifaceted statutory scheme, including its \" substantial compliance '' standard and data processing, staffing, and organizational requirements, do not fit any of the traditional criteria for identifying statutory rights. Although this XXXX does not foreclose the possibility that some Title IV-D provisions give rise to individual rights, the Ninth Circuit XXXX not separate out the particular rights it believed arise from the statutory scheme, the complaint is less than clear in this regard, and it is not certain whether respondents sought any relief more specific than a declaration that their \" rights '' were being violated and an injunction forcing petitioner to \" substantially comply '' with all of Title IV-D 's provisions. This defect is best addressed by sending the case back for the XXXX XXXX to construe the complaint in the first instance, in order to determine exactly what rights, considered in their most concrete, specific form, respondents are asserting. Only by manageably breaking down the XXXX XXXX Code XXXX - Civil action for deprivation of rights Every person who, under XXXX of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial XXXX for an act or omission taken in such officers judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. Credit card Code 15 U.S. Code 1692k - Civil liability Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorneys fees reasonable in relation to the work expended and costs. ( b ) Factors considered by court In determining the amount of liability in any action under subsection ( a ), the court shall consider, among other relevant factors ( 1 ) in any individual action under subsection ( a ) ( 2 ) ( A ), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or ( 2 ) in any class action under subsection ( a ) ( 2 ) ( B ), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collectors noncompliance was intentional. ( c ) Intent A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. ( d ) Jurisdiction An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs. ( e ) Advisory opinions of Bureau No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Bureau, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. 15 U.S. Code 1642 - Issuance of credit cards No credit card shall be issued except in response to a request or application therefor. This prohibition does not apply to the issuance of a credit card in renewal of, or in substitution for, an accepted credit card. 15 U.S.C 1692g Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. ( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ). ( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section. 15 U.S. Code 1681q - Obtaining information under false pretenses U.S. Code Notes prev | next Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both. To who it may concern, After viewing a copy of my credit report, I noticed a collection account placed on my credit report from you in XXXX I am requesting that you allow me to validate the alleged debt. I am unaware of any outstanding medical bills that I possess, and I am seeking the name and hospital/medical provider to which I owe the debt and a detailed breakdown of the fees that I owe. Additionally, I am allowed under the Heath insurance Portability and Accountability Act ( HIPAA ] to protect my privacy and medical records from third parties. I did not give permission to any of my current or prior medical providers to release any of my medical information to a third party. I am aware that the HIPAA does allows the release of limited information about me but anything more is to only be revealed with the patient 's authorization. Therefore, my request is twofold-validation of debt and HIPAA authorization . Please provide breakdown of fees including any collection costs and medical charges. Provide a copy of my signature with the provider of service to release my medical information to you.Cease any credit bureau reporting until the debt has been validated by me, Please send this information to my address listed above and accept this letter, sent certified mail, as my formal debt validation request, which I am allowed under the FDCPA. Please note that withholding the information you received from any medical provider in an attempt to be HIPAA compliant can be a violation of the FDCPA because you will be deceiving me after my written request. I request full documentation of what you received from the provider of service in connection with this alleged debt. Additionally, any reporting of this debt to the credit bureaus prior to allowing me to validate it is a violation of the Fair Credit Reporting Act, which can allow me to seek damages from a collection agency. I will await your reply with above requested proof. Upon receiving it, I will correspond back by certified mail. 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 my legal counsel for suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when in fact there is no provided proof that it is accurate. If your company fails 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 report and a copy of such deletion ( to any/all of the XXXX major credit reporting bureaus : Equifax, XXXX and XXXX ) request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by XXXX. It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose 's 18 U.S. Code 1028A - Aggravated identity theft U.S. Code Notes prev | next ( a ) Offenses. ( 1 ) In general. Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. ( 2 ) Terrorism offense. Whoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.\n\nWithout prejudice UCC 1-308 all rights reserved","date_sent_to_company":"2024-07-18T01:19:12.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"68502","tags":null,"has_narrative":true,"complaint_id":"9536024","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-07-18T01:19:10.000Z","state":"NE","company_public_response":null,"sub_issue":"Credit inquiries on your report that you don't recognize"},"highlight":{"complaint_what_happened":["Without distinguishing <em>among</em> the numerous provisions of the complex Title IV-D program or the many rights those provisions might have created, the latter court held that respondents had an enforceable individual right to have the State achieve \" substantial <em>compliance</em> '' with Title IV-D."]},"sort":[5.7951965,"9536024"]},{"_index":"complaint-public-v1","_id":"8761686","_score":5.7951965,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX have look at my credit report and see that there are inaccurate reports on my account child support dont not report to credit reporters and by lawful cancellation all contracts and remove theses accounts off my credit profile I will like a contract to show that me a living soul that me and them the other party showed in contact where we both agreed upon on all disclosure must be showed its a invalid contract please remove from my credit report it have hinder me from my future benefits. \nUCC 1-308 without prejudice Please remove these accounts immediately.\n\nI Recently viewed my credit report and saw that there is incorrect information on my credit report. In accordance with the Fair Credit Reporting act. These accounts is inaccurate and dont have no contract with me or did not notify me or put me on notice that was going to report these accounts on my credit report. I have the rights to private I will love equity for all the inaccurate accounts on my credit report.The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. I HAVE NOTICE THESE NAMES AND ADDRESSES XXXX XXXX XXXX XXXX XXXX XXXX  is not my address DO NOT BELONG TO ME CAN YOU PLEASE REMOVE THIS ADDRESS FROM MY INFORMATION ON MY CREDIT REPORT IMMEDIATELY. XXXX XXXX XXXX XXXX I would like for XXXX XXXX and XXXX to delete this account immediately yes Experian have deleted this account so I would like this account to delete immediately. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX have removed and deleted this child support. I would like for Experian and XXXX have deleted it and put it back in my credit report by law thats illegal I will like for these accounts to be deleted and remove this account immediatelyXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  has violated my rights. 15 U.S.C 6802 ( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish an account without my written instructions. 15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C 1681 section 623 If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623 ( a ) ( 1 ) ( B ). 15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Also the credit bureaus failed to do a complete a full investigation here is my certified cfpb complaint number. I HAVE TRYING CALLING AND MORE AND HAVE NOT GOT NOT MAIL TO UPDATE ME ON MY CREDIT REPOT I SEE THEY ARE FAILED TO COMPLETE A FULL investigation. XXXX XXXX XXXX is my correct name this is a violation. CLOSE WITH MONETARY RELIEF. \nPlease remove these hard inquiries from my account I have not received no funds or service with these companies XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 15 U.S. Code 1681i - Procedure in case of disputed accuracy ( 5 ) Treatment of inaccurate or unverifiable information ( A ) In general If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation ; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer.\n\n15 U.S. Code 1681q - Obtaining information under false pretenses Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both. 15 U.S. Code 1666b - Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.\n\n( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. \n\n15 U.S. Code 1638 - Transactions other than under an open end credit plan a ) Required disclosures by creditor For each consumer credit transaction other than under an open end credit plan, the creditor shall disclose each of the following items, to the extent applicable : ( 1 ) The identity of the creditor required to make disclosure.\n\n( 2 ) ( A ) The amount financed, using that term, which shall be the amount of credit of which the consumer has actual use. This amount shall be computed as follows, but the computations need not be disclosed and shall not be disclosed with the disclosures conspicuously segregated in accordance with subsection ( b ) ( 1 ) : ( i ) take the principal amount of the loan or the cash price less downpayment and trade-in; ( ii ) add any charges which are not part of the finance charge or of the principal amount of the loan and which are financed by the consumer, including the cost of any items excluded from the finance charge pursuant to section 1605 of this title; and ( iii ) subtract any charges which are part of the finance charge but which will be paid by the consumer before or at the time of the consummation of the transaction, or have been withheld from the proceeds of the credit. \n( B ) In conjunction with the disclosure of the amount financed, a creditor shall provide a statement of the consumers right to obtain, upon a written request, a written itemization of the amount financed. The statement shall include spaces for a yes and no indication to be initialed by the consumer to indicate whether the consumer wants a written itemization of the amount financed. Upon receiving an affirmative indication, the creditor shall provide, at the time other disclosures are required to be furnished, a written itemization of the amount financed. For the purposes of this subparagraph, itemization of the amount financed means a disclosure of the following items, to the extent applicable : ( i ) the amount that is or will be paid directly to the consumer ; ( ii ) the amount that is or will be credited to the consumers account to discharge obligations owed to the creditor ; ( iii ) each amount that is or will be paid to third persons by the creditor on the consumers behalf, together with an identification of or reference to the third person; and ( iv ) the total amount of any charges described in the preceding subparagraph ( A ) ( iii ).\n\n( 3 ) The finance charge, not itemized, using that term.\n\n( 4 ) The finance charge expressed as an annual percentage rate, using that term. This shall not be required if the amount financed does not exceed {$75.00} and the finance charge does not exceed {$5.00}, or if the amount financed exceeds {$75.00} and the finance charge does not exceed {$7.00}.\n\n( 5 ) The sum of the amount financed and the finance charge, which shall be termed the total of payments.\n\n( 6 ) The number, amount, and due dates or period of payments scheduled to repay the total of payments. \nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Respondents, XXXX Arizona mothers whose children are eligible for state child support services under Title XXXX -D of the Social Security Act, filed this 42 U. S. C. 1983 suit against petitioner, the director of the state child support agency, claiming, among other things, that they properly applied for child support services ; that, despite their good faith efforts to cooperate, the agency never took adequate steps to obtain child support payments for them ; that these omissions were largely attributable to staff shortages and other structural defects in the State 's program ; and that these systemic failures violated their individual rights under Title IV-D to have all mandated services delivered in substantial compliance with the title and its implementing regulations. They requested broad relief, including a declaratory judgment that the Arizona program 's operation violates Title IV -D provisions creating rights in them that are enforceable through a XXXX action, and an injunction requiring the director to achieve substantial compliance with Title IV-D throughout all programmatic operations. The District Court granted summary judgment for petitioner, but the Ninth Circuit reversed. Without distinguishing among the numerous provisions of the complex Title IV-D program or the many rights those provisions might have created, the latter court held that respondents had an enforceable individual right to have the State achieve \" substantial compliance '' with Title IV-D. It also disagreed with the District Court 's conclusion that Congress had foreclosed private Title IV-D enforcement actions by authorizing the Secretary of Health and Human Services ( Secretary ) to audit and cut off funds to States whose programs do not substantially comply with Title IV-D 's requirements Held : Title IV-D does not give individuals a federal right to force a state agency to substantially comply with Title IV-D. Pp.340-349. \n\n( a ) A plaintiff seeking XXXX redress must assert the violation of a federal right, not merely of federal law. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Three principal factors determine whether a statutory provision creates a privately enforceable right : ( 1 ) whether the plaintiff is an intended beneficiary of the statute ; ( 2 ) whether the plaintiff 's asserted interests are not so vague and amor- XXXX XXXX XXXX as to be beyond the competence of the judiciary to enforce ; and ( 3 ) whether the statute imposes a binding obligation on the State. See, e. g., XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Even if a plaintiff demonstrates such a right, however, there is only a rebuttable presumption that it is enforceable under XXXX. Dismissal is proper if Congress specifically foreclosed a XXXX remedy, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX, XXXX, either expressly, by forbidding recourse to XXXX in the statute itself, or impliedly, by creating a comprehensive enforcement scheme that is incompatible with individual XXXX enforcement, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\n( b ) Respondents have not established that Title IV-D gives them individually enforceable federal rights. In prior cases, the Court has been able to determine whether or not a statute created such rights because the plaintiffs articulated, and lower courts evaluated, welldefined claims. See, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Here, respondents have not identified with particularity the rights they claim, and the Ninth Circuit has not engaged in the requisite methodical inquiry. That court erred in apparently holding that individuals have an enforceable right to \" substantial compliance '' with Title IV-D in all respects. The statutory \" substantial compliance '' requirement, see, e. g., 42 U. S. C. 609 ( a ) ( 8 ) ( 1994 ed., Supp. II ), does not give rise to individual rights ; it was not intended to benefit individual children and custodial parents, but is simply a yardstick for the Secretary to measure the systemwide performance of a State 's Title IV-D program, allowing her to increase the frequency of audits and reduce the State 's federal grant upon a finding of substantial noncompliance. The Court of Appeals also erred in taking a blanket approach to determining whether Title IV-D creates rights : It is readily apparent that many of the provisions of that multifaceted statutory scheme, including its \" substantial compliance '' standard and data processing, staffing, and organizational requirements, do not fit any of the traditional criteria for identifying statutory rights. Although this Court does not foreclose the possibility that some Title IV-D provisions give rise to individual rights, the Ninth Circuit did not separate out the particular rights it believed arise from the statutory scheme, the complaint is less than clear in this regard, and it is not certain whether respondents sought any relief more specific than a declaration that their \" rights '' were being violated and an injunction forcing petitioner to \" substantially comply '' with all of Title IV-D 's provisions. This defect is best addressed by sending the case back for the District Court to construe the complaint in the first instance, in order to determine exactly what rights, considered in their most concrete, specific form, respondents are asserting. Only by manageably breaking down the 42 U.S. Code 1983 - Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officers judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. Credit card Code 15 U.S. Code 1692k - Civil liability Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorneys fees reasonable in relation to the work expended and costs.\n\n( b ) Factors considered by court In determining the amount of liability in any action under subsection ( a ), the court shall consider, among other relevant factors ( 1 ) in any individual action under subsection ( a ) ( 2 ) ( A ), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or ( 2 ) in any class action under subsection ( a ) ( 2 ) ( B ), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collectors noncompliance was intentional.\n\n( c ) Intent A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.\n\n( d ) Jurisdiction An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.\n\n( e ) Advisory opinions of Bureau No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Bureau, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.\n\n15 U.S. Code 1642 - Issuance of credit cards No credit card shall be issued except in response to a request or application therefor. This prohibition does not apply to the issuance of a credit card in renewal of, or in substitution for, an accepted credit card. 15 U.S.C 1692g Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.\n\n( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor.\n\n( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.\n\n( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ).\n\n( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section. 15 U.S. Code 1681q - Obtaining information under false pretenses U.S. Code Notes prev | next Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both. \nTo who it may concern, After viewing a copy of my credit report, I noticed a collection account placed on my credit report from you in XXXX I am requesting that you allow me to validate the alleged debt. I am unaware of any outstanding medical bills that I possess, and I am seeking the name and hospital/medical provider to which I owe the debt and a detailed breakdown of the fees that I owe. Additionally, I am allowed under the Heath insurance Portability and Accountability Act ( HIPAA ] to protect my privacy and medical records from third parties. I did not give permission to any of my current or prior medical providers to release any of my medical information to a third party. I am aware that the HIPAA does allows the release of limited information about me but anything more is to only be revealed with the patient 's authorization. Therefore, my request is twofold-validation of debt and HIPAA authorization .\n\nPlease provide breakdown of fees including any collection costs and medical charges.\n\nProvide a copy of my signature with the provider of service to release my medical information to you.Cease any credit bureau reporting until the debt has been validated by me, Please send this information to my address listed above and accept this letter, sent certified mail, as my formal debt validation request, which I am allowed under the FDCPA. Please note that withholding the information you received from any medical provider in an attempt to be HIPAA compliant can be a violation of the FDCPA because you will be deceiving me after my written request. I request full documentation of what you received from the provider of service in connection with this alleged debt. Additionally, any reporting of this debt to the credit bureaus prior to allowing me to validate it is a violation of the Fair Credit Reporting Act, which can allow me to seek damages from a collection agency. I will await your reply with above requested proof. Upon receiving it, I will correspond back by certified mail. \nAlso, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. \nThis includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when in fact there is no provided proof that it is accurate. \nIf your company fails 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 report and a copy of such deletion ( to any/all of the 3 major credit reporting bureaus : XXXX, Experian and XXXX ) request shall be sent to me immediately. \nI would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.\n\nIt would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose 's 18 U.S. Code 1028A - Aggravated identity theft U.S. Code Notes prev | next ( a ) Offenses.\n\n( 1 ) In general. \nWhoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. \n( 2 ) Terrorism offense.\n\nWhoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.","date_sent_to_company":"2024-04-12T21:46:08.000Z","issue":"Improper use of your report","sub_product":"Other personal consumer report","zip_code":"68502","tags":null,"has_narrative":true,"complaint_id":"8761686","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-04-12T20:16:50.000Z","state":"NE","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Without distinguishing <em>among</em> the numerous provisions of the complex Title IV-D program or the many rights those provisions might have created, the latter court held that respondents had an enforceable individual right to have the State achieve \" substantial <em>compliance</em> '' with Title IV-D."]},"sort":[5.7951965,"8761686"]},{"_index":"complaint-public-v1","_id":"4430099","_score":5.053892,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"On XX/XX/XXXX, while parked at XXXX XXXX in XXXX SC, my vehicle was towed. I was parked in the order to go and told by an employee that I could not park there. I said that I would run in to order to go and leave in a short time. I entered the restaurant and ordered. About fifteen minutes later, I saw a tow truck. I saw a man hooking up the car to tow it away. I ran towards my car, and yelled for the guy to stop, but once he hooked up the car, he ran and jumped into the passenger side of the tow truck. I observed a red tow truck drive off with my car. I pursued the tow truck, and again yelled to the driver to stop the tow. But he continued to drive away with my car. I pursued the driver and asked him to stop saying he had no right to take my car. He then yelled out the window, Im doing what I was told. At no time did the tow drive identify himself or assert that he had the order or right to tow the vehicle. The driver sped through the parking lot where children and pedestrians were present. The driver breached the peace. Notably, there were two white men in the vehicle, but I was unable to identify them. I did not see any signs on the vehicle. I spoke with the Manager of the restaurant who denied that he called the tow. I also asked for video surveillance of the incident. I started calling tow companies hoping to locate the company that towed my car. I then called the police hoping the tow would be reported. XXXX XXXX Police said that the tow had not been reported and the driver had an hour to report. Meanwhile I continued to call the various tow companies, and told these tow companies had not towed the car. I called the police incessantly and told that the tow was not reported. After several hours I believed that car was stolen, and police believed the car was stolen, but delayed to file the police report, hoping the tow driver would report the tow. However, the tow driver never reported to the police. And on XX/XX/XXXX, Sunday, XXXX XXXX Police called me saying that it believed the car was stolen. The Police asked me to come to the Law Enforcement Center to make the report. But unfortunately, I was unable since I didnt have transportation. So, the detective asked permission to go outside city limits. The detective came to my home and I made a police report on XX/XX/XXXX. I also made a claim to my insurance company. On Monday, XX/XX/XXXX, I received a call from a XXXX XXXX detective who informed that he spoke with Santander. The Detective said that he googled the name of my lender and discovered that Gateway One Lending & Finance was acquired by Santander. The detective said Santander confirmed that it had my car, and that it had been repossessed. The detective gave me the name of the agent that he spoke with, and asked that I call. Also, asked me to confirm that Santander had the vehicle and call him so he could close out the stolen vehicle report. The Detective confirmed that the tow driver did not follow the law that required him to notify the police once they retrieved the vehicle. Also, the detective said that the police should have been informed of the repo order before the tow driver retrieved the car. Also, said the driver breached the peace in the restaurant parking lot, and consequently that tow was unlawful and should have been terminated. Per South Carolina State Law, XXXX, requires that all towed motor vehicles must be reported to the Chief or the Sheriff of the jurisdiction from which it was towed. The XXXX of XXXX records all notifications of towed motor vehicles and classifies them into 2 distinct categories, which include vehicles towed at law enforcement direction and vehicles towed at private party direction. Per Section XXXX, Any time a vehicle is towed by the towing company without the knowledge of the owner or person in possession of the vehicle, the TOWING COMPANY MUST NOTIFY the municipal police chief or sheriff in the countys unincorporated areas within one hour of moving the vehicle. The Detective gave the name of the Santander agent that he spoke with and the ID number. I called Santander and spoke with a different agent who was rude and condescending. She refused to tell me where my car was located, and angrily said that she was trying to collect a debt. I said I had not received any notice from her company. She said that vehicle had been repossessed and that I could only get the car by reinstating the loan. Also, the agent said that I only had until XX/XX/XXXX, to retrieve the car and after that date the car would be sold. I asked for the paperwork regarding this matter, and told that it would be sent. I asked that the notice of intent be sent email because of the time. Notably, Santander did not send a Notice Of Right To Cure Default letter as required by South Carolina. And when I inquired on XX/XX/XXXX, the agent claimed that a right to cure letter was sent on XX/XX/XXXX. However, on XX/XX/XXXX, the Reinstatement Agent, said that it was not required to send notice of right to cure. Also, on XX/XX/XXXX, I spoke with Santanders Executive Office and Reinstatement for several hours and both gave conflicting information regarding the account. Santander said per guidelines it was not required to send Notice of Right to Cure to South Carolina. Also said these notices are system generated and since a notice was not generated meant that Santander was not required by law to send it. On XX/XX/XXXX, I asked for statements regarding the account, and told that I could not get them since the account was charged off on XX/XX/XXXX. But when I spoke with the Executive Office on XX/XX/XXXX, I was initially told that it could not assess the records due to account being closed. But when I pressed the point the statements would have been archived, I was told by the agent that an internal department would have to authorize the release of these statements, and it would take 48 hours. The Agent confirmed the request and said that it would be sent by mail and email. The Agent also pressed that I had until XX/XX/XXXX to reinstate the loan, and wanted to know if I would go forward with the reinstatement. It is apparent that Santander is attempting to intimidate and pressure me to reinstate the loan on there terms. I told him I wanted and had the lawful right to inspect those documents before I moved forward. The bottom line, Santander did not provide a notice of right to cure as required by South Carolina. Also, the Executive Office said the account was past due after XX/XX/XXXX. And Santander reports the delinquency ten days later. So around XX/XX/XXXX or XXXX, the account would have been past due. South Carolina has specific rules governing when and how cars can be repossessed. South Carolina allows repossession when borrowers default. Typically, however, default means a person is 10 days late on a payment. At this point, the lender must send a Notice of Right to Cure informing the borrower that she has 20 days to bring the loan current to avoid repossession. South Carolina Legal Services, After the borrower is 10 days late on your payment, the lender must send a Notice of a Right to Cure in the mail, unless the lender is a credit union. This notice should give the borrower 20 days to repay what the borrower owes before the lender can take the car. If the borrower bring payments current, the default is cured. So, if the account became delinquent on XX/XX/XXXX, Santander was required to send the borrower a Right to Cure notice on XX/XX/XXXX. However, Santander failed to provide notice to the borrower. Notably, one agent claimed that Santander delayed to send the notice to cure because it wanted to work with the borrower. According to Consumer Protection Code 37-5-110, Pursuant to Code of Law of South Carolina, a Notice of Consumers Right To Cure MUST be sent to the borrower PRIOR to repossession ( regardless of the state of origin of the contract ) giving the borrower twenty days ( 20 ) days to cure the default ( Cited by XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX SC XXXX ). Lenders have two repossession options in South Carolina. ( 1 ) filing a Claim and Delivery suit against the borrower, and ( 2 ) Self-help repossession, the lender can come and tow the vehicle from any location- - driveway, your workplace, the street or a parking lot. The only stipulation is that it must be done peacefully. South Carolina Legal Services : Lenders can use self-help and tow your car as long as it is a peaceful removal. The law allows the lender to use self-help in repossessing your car, but the law also requires that self-help be peaceful. If the owner tells the repo agent to stop, any further attempt to tow the car is not peaceful. If the repossession continues, the repo agents risk liability for wrongful possession. Also note that the repo agent failed to notify police, but said in his tow report that police were notified of tow. Also, repo agent falsely reported to XXXX XXXX XXXX and Santander that the vehicle was retrieved from XXXX XXXX XXXX at XXXXXXXX XXXX. But reported to his employer XXXX XXXXXXXX XXXX XXXX ) that the vehicle was retrieved from XXXX at XXXXXXXX XXXX, contradicting what he reported to XXXX XXXX XXXX and Santander. Notably, the repo agent did not provide an address for the restaurant, but gave the zip code XXXX, and said in his tow report that the car was retrieved within XXXX County jurisdiction. However, the car was retrieved within city limits, and the zip code for XXXX is XXXX. Notably, the repo agent failed to report that he breached the peace while taking the car, which explained why the repo agent failed to report the tow and incident to XXXX XXXX Police. Pushing, yelling, and getting in a fight with the owner of the vehicle would breach the peace. Or even continuing to repossess your vehicle after you told them to stop, qualifies as breach of peace. And once the repo agent breached the peace, he loses the right to take the car without a court order. You do not have to consent to the repossession of your car, do not use violence, but be persistent and politely tell the repo agent to leave your property. Also note the repo agent reported the retrieval to Santander on XX/XX/XXXX, but never reported the retrieval to XXXX XXXX Police. Also, if the car has already been repossessed, the lender ( Santander ) must send notice of Right to Redeem the car and notice of what the lender intends to do with car ( South Carolina Consumer Affairs ). I asked that Santander send the Notice of Intent, and was told the letter was generated on XX/XX/XXXX, and it could take several days to arrive. Also, the agent advise me to be mindful of the deadline XX/XX/XXXX, to reinstate the loan. I said that on XX/XX/XXXX, I asked for the Notice and told it would be sent regular mail. I asked if it could be sent via email, and the agent agreed to send it by way of email. The Agent asked and confirmed both mail and email address. But when I asked the Executive Office on XX/XX/XXXX, to send the Notice of Intent by email to save time, I was told that Santander was unable to do so. The Agent said their system would not allow them to send email. I noted that I received email regarding XXXX XXXX payment history on XX/XX/XXXX. Santander lies incessantly. Also, Note that Gateway One Lending did not have lawful title to car before it sold it to me on XX/XX/XXXX. Email communications with the owner XXXX XXXX XXXX of XXXX XXXX : you sold me a car that you did not have title to and then strung me along for two months and two payments totaling XXXX, not to mention car insurance and taxes in the amount of {$800.00}. Are you kidding me! State law requires dealers to actually have physical possession of the title. Please spare me that nonsense that you have three months to provide title when you did not have the title in your possession when I purchased this vehicle. So technically, the previous owner still had possession of the vehicle because you did not register title with CA DMV. However, on XX/XX/XXXX, you gave the appearance of registering the title with DMV but did not complete the application because you well knew that you did not physically hold title. I have paid two payments, insurance and taxes for a car that was still under the legal ownership of the previous owner. As stated previously, this nonsense has made me physically ill and I will not continue. I don't care about your situation like you don't care about mine. If you were honest you would not have sold me a car that you did not have physical title to, nor would you have led me to believe that you had title at the time of purchase. You either lied to or were complicit with the bank. I would not have purchased this vehicle on XX/XX/XXXX, if I had known that you did not have physical possession of title ( XX/XX/XXXX ). It's obvious by now that you are not going to do the right thing so you leave me no choice but to make a complaint with the State 's Attorney and DMV first thing Monday morning. I demand the return of money that I paid for a vehicle you sold that you did not have physical possession of title to. I checked with the State and was informed that the seller MUST have possession of title before selling a vehicle. On XX/XX/XXXX you sent me this text ( You had a good experience when I gave you a certified check in the amount of XXXX for a car that I can't register because you can't produce title,. It's amazing how you are trying to flip this and say that I am making a big fuss over nothing. Again, you should have waited to sell the car if you knew that there was issue with the title. Moreover, you should have informed me before I purchased the car that the title would be delayed thus there would have not been the false expectation that I would receive the title soon after purchase. It has been over eight weeks and still DMV has not received title. But, ( I suppose to trust that the title will be here Tuesday ), I won't believe until I see it. I've heard it all and I'm not impressed. I guarantee if the shoe was on the other foot, you would feel the same way. So, don't try to make me feel that I'm acting irrationally. This isn't personal, it's business! So, I'm not interested in sparing your feelings. ) and according to XXXX it was delivered to you as I stated. So why are you so upset? As far as being able to prove that I owned that car before I sold it to you I have all the paperwork to prove that ok. XXXX please understand I bought the car with my cash from the auction got the title and than put it on my credit line all prior to you purchasing it. This is a very common practice among dealers also upon getting you financed I sign a guarantee of title for the bank which completely protects you. I'm sorry you feel I don't care but that's simply not true and I do care about all my customers and there well being. I try to conduct myself in all aspects of my like to the highest standards. Would you be willing to accept XXXX in an agree to disagree kinda way? Please accept my sincere apology for any inconvenience I have caused you : ) I truly would love a scenario where you become happy and excited about your beautiful new car and your belief in me. If you feel you can truly accept my heartfelt apology ( XX/XX/XXXX, XXXXXXXX XXXX ). So what do you think XXXX?? Please don't be offended I'm just trying to come to a resolution : ) ( XX/XX/XXXX, XXXX XXXX ). How about XXXX than? ( XXXX XXXX, XXXX XXXX. ) Ok I'm sending XXXX today I want to be friends again please!! ( XX/XX/XXXX, XXXX XXXX ). What address do you want it to go to? ( XX/XX/XXXX, XXXXXXXX XXXX ). Please XXXX I want to get this resolved fairly in every way. ( XX/XX/XXXX, XXXX XXXX ). Gateway One Lending & Finance sent me the Title Your title and your parts have been sent to you I personally did it!! Your not being fair nor am I out of compliance in anyway shape or form. Why in the world would you think for one minute you've been defrauded in anyway?? In the state of California it can take up to 90 days for the title work to be completed that's the law which in no way have we exceeded that. Now I don't want to argue fuss or fight so please relax and if you don't have your title work done by at least Tuesday than you can proceed to destroy my good name and reputation if it makes you feel better ok. I'm a good guy and we have an honest business we are not out to deceive anyone in anyway .. XXXX we have had a good experience up until now please let 's choose to be kind and thoughtful toward each other. I'm 100 % confident you'll have all you need to go register your car at your local DMV and please make sure they list Gateway One Lending and Finance as the lein holder of record ( The Bank Your Financing ) went through ... Be patient please it's on it's way however because you have a loan on it you won't be able to hold the title you must surrender it to your DMV so they can create a new title in your name with Gateway as the lein holder which they will hold until you pay them off ok. I sent the title directly to you trusting that you will personally deliver to your local DMV ok. I again am very sorry for any inconvenience this may have caused you. And your right nothing personal I can assure you : ). XXXX good morning just following up if you received your title and light yet? ( XX/XX/XXXX, XXXXXXXX XXXX ) Please send me a copy of the registration showing Gateway as the lien holder ok. XXXX good morning can you confirm you have completed your DMV paperwork please the bank is asking me to provide that to them XXXX XX/XX/XXXX, XXXX a.m. ). XXXX did you complete your DMV title work? XXXX, XXXX, XXXX, I am so disappointed,! Ordinarily, I would have discussed this issue via phone but for health sake I thought it best to write my complaint. This ordeal has made me physically sick. I received the Title but I delayed to register because I don't want to be involved in any fraudulent activity. Also, I wanted to inspect the document further. And as expected my suspicions were confirmed. I discovered that this Title was never filed with DMV or within the time frame as prescribed by California law. Also, I noted that you allegedly purchased the car on XX/XX/XXXX much earlier than the date you originally stated. So, it is obvious that there was an issue with getting the Title, which explains the delay with getting the Title to me. Also, this explains why the XX/XX/XXXX California DMV application for transfer of Title was never completed. I guess this explains why you are so adamant about listing Gateway as the lien holder. And when I spoke with the bank, I was told that they were waiting on you to provide them the Title. But, all long I was being strung along to give you more time to get the Title. As I stated previously, you should not have sold this vehicle if you knew that there was no Title on file with DMV. And had I known this information, I would not have purchased this vehicle without that assurance. It's hard to believe that someone would do this to a XXXX  vet but when it comes to greed I guess nothing is unbelievable, huh? ( XX/XX/XXXX, XXXX XXXX  ). Gateway One did not have lawful title when it sold the vehicle to me onXX/XX/XXXX. Both dealer and Gateway One Lending & Finance committed fraud. Gateway One never registered this transaction with the California DMV. FYI XXXX is my XXXX  company and they always lien every title as such I bought it from the auction and I have prove of that. Dealers operate on lines of credit with regards to cars I didn't do anything wrong I was always the bonified owner. What damages do you think you incurred?? The title was never to go to you because you have a lien on it with the bank. If you want to talk please call me because I am very fair and would love nothing more than handling your concerns. Santander does not hold lawful Title to this car.","date_sent_to_company":"2021-06-03T06:21:26.000Z","issue":"Managing the loan or lease","sub_product":"Loan","zip_code":"296XX","tags":"Servicemember","has_narrative":true,"complaint_id":"4430099","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Santander Consumer USA Holdings Inc.","date_received":"2021-06-03T05:55:09.000Z","state":"SC","company_public_response":null,"sub_issue":"Loan sold or transferred to another company"},"highlight":{"complaint_what_happened":["I called Santander and spoke with a <em>different</em> agent who was rude and condescending. She refused to tell me where my car was located, and angrily said that she was trying to collect a debt. I said I had not received any notice from her company. She said that vehicle had <em>been</em> repossessed and that I could only get the car by reinstating the <em>loan</em>. Also, the agent said that I only had until XX/XX/XXXX, to retrieve the car and after that date the car would be sold."],"product":["Vehicle <em>loan</em> or lease"],"issue":["Managing the <em>loan</em> or lease"],"sub_product":["<em>Loan</em>"],"sub_issue":["<em>Loan</em> sold or <em>transferred</em> to another company"]},"sort":[5.053892,"4430099"]},{"_index":"complaint-public-v1","_id":"4430567","_score":5.0356,"_source":{"product":"Debt collection","complaint_what_happened":"On XX/XX/XXXX, while parked at XXXX XXXX in XXXX SC, my vehicle was towed. I was parked in the order to go and told by an employee that I could not park there. I said that I would run in to order to go and leave in a short time. I entered the restaurant and ordered. About fifteen minutes later, I noted a tow truck. I saw a man hooking up the car to tow it away. I ran towards my car, and yelled for the guy to stop, but once he hooked up the car, he ran and jumped into the passenger side of the tow truck. I observed a red tow truck drive off with my car. I pursued the tow truck, and again yelled to the driver to stop the tow. But he continued to drive away with my car. I pursued the driver and asked him to stop saying he had no right to take my car. He then yelled out the window, Im doing what I was told. At no time did the tow drive identify himself or assert that he had the order or right to tow the vehicle. The driver sped through the parking lot where children and pedestrians were present. The driver breached the peace. Notably, there were XXXXwo white men in the vehicle, but I was unable to identify them. I did not see any signs on the vehicle. I spoke with the Manager of the restaurant who denied that he called the tow. I also asked for video surveillance of the incident. I started calling tow companies hoping to locate the company that towed my car. I then called the police hoping the tow would be reported. XXXX XXXX Police said that the tow had not been reported and the driver had an hour to report. Meanwhile I continued to call the various tow companies, and told these tow companies had not towed the car. I called the police incessantly and told that the tow was not reported. After several hours I believed that car was stolen, and police believed the car was stolen, but delayed to file the police report, hoping the tow driver would report the tow. However, the tow driver never reported to the police. And on XX/XX/XXXX, Sunday, XXXX XXXX Police called me saying that it believed the car was stolen. The Police asked me to come to the Law Enforcement Center to make the report. But unfortunately, I was unable since I didnt have transportation. So, the detective asked permission to go outside city limits. The detective came to my home and I made a police report on XX/XX/XXXX. I also made a claim to my insurance company. On Monday, XX/XX/XXXX, I received a call from a XXXX XXXX detective who informed that he spoke with XXXX. The XXXX said that he XXXX  the name of my lender and discovered that XXXX XXXX XXXX XXXX XXXX was acquired by XXXX. The detective said XXXX confirmed that it had my car, and that it had been repossessed. The detective gave me the name of the agent that he spoke with, and asked that I call. Also, asked me to confirm that XXXX had the vehicle and call him so he could close out the stolen vehicle report. The Detective confirmed that the tow driver did not follow the law that required him to notify the police once they retrieved the vehicle. Also, the detective said that the police should have been informed of the repo order before the tow driver retrieved the car. Also, said the driver breached the peace in the restaurant parking lot, and consequently that tow was unlawful and should have been terminated. Per South Carolina State Law, 56-5-2525, requires that all towed motor vehicles must be reported to the Chief or the Sheriff of the jurisdiction from which it was towed. The City of XXXX records all notifications of towed motor vehicles and classifies them into 2 distinct categories, which include vehicles towed at law enforcement direction and vehicles towed at private party direction. Per Section 56-5-5620-5670, Any time a vehicle is towed by the towing company without the knowledge of the owner or person in possession of the vehicle, the TOWING COMPANY MUST NOTIFY the municipal police chief or sheriff in the countys unincorporated areas within one hour of moving the vehicle. The Detective gave the name of the XXXX agent that he spoke with and the ID number. I called XXXX and spoke with a different agent who was rude and condescending. She refused to tell me where my car was located, and angrily said that she was trying to collect a debt. I said I had not received any notice from her company. She said that vehicle had been repossessed and that I could only get the car by reinstating the loan. Also, the agent said that I only had until XX/XX/XXXX, to retrieve the car and after that date the car would be sold. I asked for the paperwork regarding this matter, and told that it would be sent. I asked that the notice of intent be sent email because of the time. Notably, XXXX did not send a Notice Of Right To Cure Default letter as required by South Carolina. And when I inquired on XX/XX/XXXX, the agent claimed that a right to cure letter was sent on XX/XX/XXXX. However, on XX/XX/XXXX, the XXXX XXXX, said that it was not required to send notice of right to cure. Also, on XX/XX/XXXX, I spoke with XXXX XXXX XXXX and Reinstatement for several hours and both gave conflicting information regarding the account. XXXX said per guidelines it was not required to send Notice of Right to Cure to South Carolina. Also said these notices are system generated and since a notice was not generated meant that XXXX was not required by law to send it. On XX/XX/XXXX, I asked for statements regarding the account, and told that I could not get them since the account was charged off on XX/XX/XXXX. But when I spoke with the Executive Office on XX/XX/XXXX, I was initially told that it could not assess the records due to account being closed. But when I pressed the point the statements would have been archived, I was told by the agent that an internal department would have to authorize the release of these statements, and it would take 48 hours. The Agent confirmed the request and said that it would be sent by mail and email. The Agent also pressed that I had until XX/XX/XXXX to reinstate the loan, and wanted to know if I would go forward with the reinstatement. It is apparent that XXXX is attempting to intimidate and pressure me to reinstate the loan on there terms. I told him I wanted and had the lawful right to inspect those documents before I moved forward. The bottom line, XXXX did not provide a notice of right to cure as required by South Carolina. Also, the Executive Office said the account was past due after XX/XX/XXXX. And XXXX reports the delinquency ten days later. So around XX/XX/XXXX or XXXX, the account would have been past due. South Carolina has specific rules governing when and how cars can be repossessed. South Carolina allows repossession when borrowers default. Typically, however, default means a person is 10 days late on a payment. At this point, the lender must send a Notice of Right to Cure informing the borrower that she has 20 days to bring the loan current to avoid repossession. South Carolina Legal Services, After the borrower is 10 days late on your payment, the lender must send a Notice of a Right to Cure in the mail, unless the lender is a credit union. This notice should give the borrower 20 days to repay what the borrower owes before the lender can take the car. If the borrower bring payments current, the default is cured. So, if the account became delinquent on XX/XX/XXXX, XXXX was required to send the borrower a Right to Cure notice on XX/XX/XXXX. However, XXXX failed to provide notice to the borrower. Notably, one agent claimed that XXXX delayed to send the notice to cure because it wanted to work with the borrower. According to Consumer Protection Code 37-5-110, Pursuant to Code of Law of South Carolina, a Notice of Consumers Right To Cure MUST be sent to the borrower PRIOR to repossession ( regardless of the state of origin of the contract ) giving the borrower twenty days ( 20 ) days to cure the default ( Cited by XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX SC XXXX ). Lenders have two repossession options in South Carolina. ( 1 ) filing a Claim and Delivery suit against the borrower, and ( 2 ) Self-help repossession, the lender can come and tow the vehicle from any location- - driveway, your workplace, the street or a parking lot. The only stipulation is that it must be done peacefully. South Carolina XXXX Services : XXXX can use self-help and tow your car as long as it is a peaceful removal. The law allows the lender to use self-help in repossessing your car, but the law also requires that self-help be peaceful. If the owner tells the repo agent to stop, any further attempt to tow the car is not peaceful. If the repossession continues, the repo agents risk liability for wrongful possession. Also note that the repo agent failed to notify police, but said in his tow report that police were notified of tow. Also, repo agent falsely reported to Par North America and XXXX that the vehicle was retrieved from XXXX XXXX XXXX at XXXX p.m. But reported to his employer ( XXXX XXXX XXXX  ) that the vehicle was retrieved from XXXX at XXXX p.m., contradicting what he reported to XXXX North America and XXXX. Notably, the repo agent did not provide an address for the restaurant, but gave the zip code XXXX, and said in his tow report that the car was retrieved within XXXX County jurisdiction. However, the car was retrieved within city limits, and the zip code for XXXX is XXXX. Notably, the repo agent failed to report that he breached the peace while taking the car, which explained why the repo agent failed to report the tow and incident to XXXX XXXX Police. Pushing, yelling, and getting in a fight with the owner of the vehicle would breach the peace. Or even continuing to repossess your vehicle after you told them to stop, qualifies as breach of peace. And once the repo agent breached the peace, he loses the right to take the car without a court order. You do not have to consent to the repossession of your car, do not use XXXX, but be persistent and politely tell the repo agent to leave your property. Also note the repo agent reported the retrieval to XXXX on XX/XX/XXXX, but never reported the retrieval to XXXX XXXX Police. Also, if the car has already been repossessed, the lender ( Santander ) must send notice of Right to Redeem the car and notice of what the lender intends to do with car ( South Carolina Consumer Affairs ). I asked that XXXX send the Notice of Intent, and was told the letter was generated on XX/XX/XXXX, and it could take several days to arrive. Also, the agent advise me to be mindful of the deadline XX/XX/XXXX, to reinstate the loan. I said that on XX/XX/XXXX, I asked for the Notice and told it would be sent regular mail. I asked if it could be sent via email, and the agent agreed to send it by way of email. The Agent asked and confirmed both mail and email address. But when I asked the Executive Office on XX/XX/XXXX, to send the Notice of Intent by email to save time, I was told that XXXX was unable to do so. The Agent said their system would not allow them to send email. I noted that I received email regarding XXXX XXXX payment history on XX/XX/XXXX. XXXX lies incessantly. Also, Note that XXXX XXXX XXXX did not have lawful title to car before it sold it to me on XX/XX/XXXX. Email communications with the owner XXXX XXXX XXXX of XXXX XXXX : you sold me a car that you did not have title to and then strung me along for two months and two payments totaling XXXX, not to mention car insurance and taxes in the amount of {$800.00}. Are you kidding me! State law requires dealers to actually have physical possession of the title. Please spare me that nonsense that you have three months to provide title when you did not have the title in your possession when I purchased this vehicle. So technically, the previous owner still had possession of the vehicle because you did not register title with CA DMV. However, on XX/XX/XXXX, you gave the appearance of registering the title with DMV but did not complete the application because you well knew that you did not physically hold title. I have paid two payments, insurance and taxes for a car that was still under the legal ownership of the previous owner. As stated previously, this nonsense has made me physically ill and I will not continue. I don't care about your situation like you don't care about mine. If you were honest you would not have sold me a car that you did not have physical title to, nor would you have led me to believe that you had title at the time of purchase. You either lied to or were complicit with the bank. I would not have purchased this vehicle on XX/XX/XXXX, if I had known that you did not have physical possession of title ( XX/XX/XXXX ). It's obvious by now that you are not going to do the right thing so you leave me no choice but to make a complaint with the State 's Attorney and DMV first thing Monday morning. I demand the return of money that I paid for a vehicle you sold that you did not have physical possession of title to. I checked with the State and was informed that the seller MUST have possession of title before selling a vehicle. On XX/XX/XXXX you sent me this text ( You had a good experience when I gave you a certified check in the amount of XXXX for a car that I can't register because you can't produce title,. It's amazing how you are trying to flip this and say that I am making a big fuss over nothing. Again, you should have waited to sell the car if you knew that there was issue with the title. Moreover, you should have informed me before I purchased the car that the title would be delayed thus there would have not been the false expectation that I would receive the title soon after purchase. It has been over XXXX weeks and still DMV has not received title. But, ( I suppose to trust that the title will be here Tuesday XXXX, I won't believe until I see it. I've heard it all and I'm not impressed. I guarantee if the shoe was on the other foot, you would feel the same way. So, don't try to make me feel that I'm acting irrationally. This isn't personal, it's business! So, I'm not interested in sparing your feelings. ) and according to XXXX it was delivered to you as I stated. So why are you so upset? As far as being able to prove that I owned that car before I sold it to you I have all the paperwork to prove that ok. XXXX please understand I bought the car with my cash from the auction got the title and than put it on my credit line all prior to you purchasing it. This is a very common practice among dealers also upon getting you financed I sign a guarantee of title for the bank which completely protects you. I'm sorry you feel I don't care but that's simply not true and I do care about all my customers and there well being. I try to conduct myself in all aspects of my like to the highest standards. Would you be willing to accept XXXX in an agree to disagree kinda way? Please accept my sincere apology for any inconvenience I have caused you : ) I truly would love a scenario where you become happy and excited about your beautiful new car and your belief in me. If you feel you can truly accept my heartfelt apology ( XX/XX/XXXX, XXXX a.m. ). So what do you think XXXX?? Please don't be offended I'm just trying to come to a resolution : ) ( XX/XX/XXXX, XXXX p.m. ). How about XXXX than? ( XXXX XXXX, XXXX a.m. ) Ok I'm sending XXXX today I want to be friends again please!! ( XX/XX/XXXX, XXXX p.m. ). What address do you want it to go to? ( XX/XX/XXXX, XXXX p.m. ). Please XXXX I want to get this resolved fairly in every way. ( XX/XX/XXXX, XXXX p.m. ). XXXX XXXX XXXX & XXXX sent me the Title Your title and your parts have been sent to you I personally did it!! Your not being fair nor am I out of compliance in anyway shape or form. Why in the world would you think for one minute you've been defrauded in anyway?? In the state of California it can take up to 90 days for the title work to be completed that's the law which in no way have we exceeded that. Now I don't want to argue fuss or fight so please relax and if you don't have your title work done by at least Tuesday than you can proceed to destroy my good name and reputation if it makes you feel better ok. I'm a good guy and we have an honest business we are not out to deceive anyone in anyway XXXX XXXX we have had a good experience up until now please let 's choose to be kind and thoughtful toward each other. I'm 100 % confident you'll have all you need to go register your car at your local DMV and please make sure they list XXXX XXXX XXXX and Finance as the XXXX holder of record ( The Bank Your Financing ) went through ... Be patient please it's on it's way however because you have a loan on it you won't be able to hold the title you must surrender it to your DMV so they can create a new title in your name with XXXX as the XXXX holder which they will hold until you pay them off ok. I sent the title directly to you trusting that you will personally deliver to your local DMV ok. I again am very sorry for any inconvenience this may have caused you. And your right nothing personal I can assure you : ). XXXX good morning just following up if you received your title and light yet? ( XX/XX/XXXX, XXXX p.m. ) Please send me a copy of the registration showing XXXX as the lien holder ok. XXXX good morning can you confirm you have completed your DMV paperwork please the bank is asking me to provide that to them XXXX XX/XX/XXXX, XXXX a.m. ). XXXX did you complete your DMV title work? XXXX, XXXX, XXXX, I am so disappointed,! Ordinarily, I would have discussed this issue via phone but for health sake I thought it best to write my complaint. This ordeal has made me physically sick. I received the Title but I delayed to register because I don't want to be involved in any fraudulent activity. Also, I wanted to inspect the document further. And as expected my suspicions were confirmed. I discovered that this Title was never filed with DMV or within the time frame as prescribed by California law. Also, I noted that you allegedly purchased the car on XX/XX/XXXX much earlier than the date you originally stated. So, it is obvious that there was an issue with getting the Title, which explains the delay with getting the Title to me. Also, this explains why the XX/XX/XXXX California DMV application for transfer of Title was never completed. I guess this explains why you are so adamant about listing XXXX as the lien holder. And when I spoke with the bank, I was told that they were waiting on you to provide them the Title. But, all long I was being strung along to give you more time to get the Title. As I stated previously, you should not have sold this vehicle if you knew that there was no Title on file with DMV. And had I known this information, I would not have purchased this vehicle without that assurance. It's hard to believe that someone would do this to a XXXX vet but when it comes to greed I guess nothing is unbelievable, huh? ( XX/XX/XXXX, XXXX a.m. ). XXXX One did not have lawful title when it sold the vehicle to me on XX/XX/XXXX. Both dealer and XXXX XXXX XXXX XXXX XXXX committed fraud. XXXX XXXX never registered this transaction with the California DMV. FYI XXXX  is my flooring company and they always lien every title as such I bought it from the auction and I have prove of that. Dealers operate on lines of credit with regards to cars I didn't do anything wrong I was always the bonified owner. What damages do you think you incurred?? The title was never to go to you because you have a lien on it with the bank. If you want to talk please call me because I am very fair and would love nothing more than handling your concerns. XXXX does not hold lawful XXXX to this car.","date_sent_to_company":"2021-06-03T07:57:30.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"I do not know","zip_code":"296XX","tags":"Servicemember","has_narrative":true,"complaint_id":"4430567","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ADESA CORPORATION","date_received":"2021-06-03T07:21:39.000Z","state":"SC","company_public_response":null,"sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["I called XXXX and spoke with a <em>different</em> agent who was rude and condescending. She refused to tell me where my car was located, and angrily said that she was trying to collect a debt. I said I had not received any notice from her company. She said that vehicle had <em>been</em> repossessed and that I could only get the car by reinstating the <em>loan</em>. Also, the agent said that I only had until XX/XX/XXXX, to retrieve the car and after that date the car would be sold."]},"sort":[5.0356,"4430567"]},{"_index":"complaint-public-v1","_id":"8738326","_score":2.535111,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is regarding the fraud committed against me in the false reporting, defamation, and misuse of my consumer credit profile and the accompanying CFRs along with 26 USC 7213 which is The Unauthorized disclosure of information which is a direct violation of said CFRs and codes. According to the Fair Credit Reporting Act 15 USC 1681 section 602a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. Experian, XXXX and XXXX are consumer reporting agencies, and I am the consumer. I have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. P.L XXXX ( XXXX XXXX. XXXX ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title II related to extortionate credit transactions, title XXXX related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed { {$50.00} }. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in 1969 and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX, XXXX and Experian do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, Experian and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, Experian and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than { {$1000.00} }, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than { {$5000.00} }, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in XXXX to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than { {$5000.00} } or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other, ( 2 ) In accordance with the written instructions of the consumer to whom it relates ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report ; Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 15 U.S. Code 1681n - Civil liability for willful noncompliance ; ( a ) In general, any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than { {$100.00} } and not more than { {$1000.00} } ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or { {$1000.00} }, whichever is greater ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( XXXX ) any actual damages sustained by the consumer as a result of the failure. XXXX XXXX Code XXXX Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 15 U.S. Code 1692e False or misleading representations ; A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. 15 U.S. Code 1692e ( 12 ) speaks of the false representation or implication that accounts have been turned over to innocent purchasers for value. 15 U.S. Code 1692e ( 13 ) is about the false representation or implication that documents are legal process. A debt collector may not send written communications that deceptively resemble legal process forms. He may not send a form or a dunning letter that, taken as a whole, appears to simulate legal process. However, one legal phrase ( such as notice of legal action or show just cause why ) alone will not result in a violation of this section unless it contributes to an erroneous impression that the document is a legal form. 15 U.S. Code 1692e ( 14 ) states, The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. 15 U.S. Code 1692e ( 15 ) states, The false representation or implication that documents are not legal process forms or do not require action by the consumer. A debt collector may not deceive a consumer into failing to respond to legal process by concealing the importance of the papers, thereby subjecting the consumer to a default judgment. 15 U.S. Code 1692e ( 16 ) states, The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. The FDCPA does not prohibit a debt collector from operating a consumer reporting agency, but only a bona fide consumer reporting agency may use names such as Credit Bureau unless it actually provides credit reporting, a disclaimer in the text of a letter that the debt collector is not affiliated with ( or employed by ) a consumer reporting agency will not necessarily avoid a violation if the collector uses a name that indicates otherwise. Experian, XXXX and XXXX are not maintaining reasonable procedures. There are also copies of my credit report attached that show and prove inaccuracies from one report to another as well. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. AS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THESE ACCOUNTS ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE THREE CREDIT BUREAUS ( EXPERIAN, XXXX, and XXXX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. ALSO, WOULD LIKE NEW CARDS REISSUED TO ME AS OPENED ENDED CHARGE CARDS ON ALL ACCOUNTS LISTED ON MY CREDIT REPORT THAT WERE CLOSED DO TO COLLECTIONS/CHARGE OFF. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC AND FTC, AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME.","date_sent_to_company":"2024-04-10T18:19:22.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"029XX","tags":null,"has_narrative":true,"complaint_id":"8738326","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-04-10T18:19:19.000Z","state":"RI","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["IF THERE IS NO <em>COMPLIANCE</em> OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC AND FTC, AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME."]},"sort":[2.535111,"8738326"]},{"_index":"complaint-public-v1","_id":"8738371","_score":2.5287862,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is regarding the fraud committed against me in the false reporting, defamation, and misuse of my consumer credit profile and the accompanying CFRs along with 26 USC 7213 which is The Unauthorized disclosure of information which is a direct violation of said CFRs and codes. According to the Fair Credit Reporting Act 15 USC 1681 section 602a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. XXXX, Transunion and XXXX are consumer reporting agencies, and I am the consumer. I have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. P.L 90-321 ( 82 Stat. 146 ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title XXXX related to extortionate credit transactions, title XXXX related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed { {$50.00} }. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in 1969 and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX, Transunion and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to Transunion, XXXX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. Transunion, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( XXXX ) All pertinent definitions contained in 16 CFR 433.1. ( XXXX ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( XXXX ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( XXXX ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than { {$1000.00} }, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than { {$5000.00} }, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than { {$5000.00} } or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other, ( 2 ) In accordance with the written instructions of the consumer to whom it relates ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( XXXX ) appropriate proof of the identity of the consumer ; ( XXXX ) a copy of an identity theft report ; ( XXXX ) the identification of such information by the consumer; and ( XXXX ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report ; Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 15 U.S. Code 1681n - Civil liability for willful noncompliance ; ( a ) In general, any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than { {$100.00} } and not more than { {$1000.00} } ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or { {$1000.00} }, whichever is greater ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 15 U.S. Code 1692e False or misleading representations ; A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. 15 U.S. Code 1692e ( 12 ) speaks of the false representation or implication that accounts have been turned over to innocent purchasers for value. 15 U.S. Code 1692e ( 13 ) is about the false representation or implication that documents are legal process. A debt collector may not send written communications that deceptively resemble legal process forms. He may not send a form or a dunning letter that, taken as a whole, appears to simulate legal process. However, one legal phrase ( such as notice of legal action or show just cause why ) alone will not result in a violation of this section unless it contributes to an erroneous impression that the document is a legal form. 15 U.S. Code 1692e ( 14 ) states, The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. 15 U.S. Code 1692e ( 15 ) states, The false representation or implication that documents are not legal process forms or do not require action by the consumer. A debt collector may not deceive a consumer into failing to respond to legal process by concealing the importance of the papers, thereby subjecting the consumer to a default judgment. 15 U.S. Code 1692e ( 16 ) states, The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. The FDCPA does not prohibit a debt collector from operating a consumer reporting agency, but only a bona fide consumer reporting agency may use names such as Credit Bureau unless it actually provides credit reporting, a disclaimer in the text of a letter that the debt collector is not affiliated with ( or employed by ) a consumer reporting agency will not necessarily avoid a violation if the collector uses a name that indicates otherwise. XXXX, Transunion and XXXX are not maintaining reasonable procedures. There are also copies of my credit report attached that show and prove inaccuracies from one report to another as well. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. AS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THESE ACCOUNTS ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE THREE CREDIT BUREAUS ( XXXX, TRANSUNION, and XXXX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. ALSO, WOULD LIKE NEW CARDS REISSUED TO ME AS OPENED ENDED CHARGE CARDS ON ALL ACCOUNTS LISTED ON MY CREDIT REPORT THAT WERE CLOSED DO TO COLLECTIONS/CHARGE OFF. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC AND FTC, AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME.","date_sent_to_company":"2024-04-10T18:19:13.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"029XX","tags":null,"has_narrative":true,"complaint_id":"8738371","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-04-10T17:53:30.000Z","state":"RI","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["IF THERE IS NO <em>COMPLIANCE</em> OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC AND FTC, AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME."]},"sort":[2.5287862,"8738371"]},{"_index":"complaint-public-v1","_id":"8738327","_score":2.5287862,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is regarding the fraud committed against me in the false reporting, defamation, and misuse of my consumer credit profile and the accompanying CFRs along with 26 USC 7213 which is The Unauthorized disclosure of information which is a direct violation of said CFRs and codes. According to the Fair Credit Reporting Act 15 USC 1681 section 602a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. XXXX, XXXX and Equifax are consumer reporting agencies, and I am the consumer. I have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. P.L XXXX ( XXXX XXXX. XXXX ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title II related to extortionate credit transactions, title III related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed { {$50.00} }. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in XXXX and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies Equifax, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and Equifax, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and Equifax are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - XXXX of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than { {$1000.00} }, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than { {$5000.00} }, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in XXXX to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than { {$5000.00} } or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other, ( 2 ) In accordance with the written instructions of the consumer to whom it relates ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report ; Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 15 U.S. Code 1681n - Civil liability for willful noncompliance ; ( a ) In general, any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than { {$100.00} } and not more than { {$1000.00} } ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or { {$1000.00} }, whichever is greater ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 15 U.S. Code 1692e False or misleading representations ; A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. 15 U.S. Code 1692e ( 12 ) speaks of the false representation or implication that accounts have been turned over to innocent purchasers for value. 15 U.S. Code 1692e ( 13 ) is about the false representation or implication that documents are legal process. A debt collector may not send written communications that deceptively resemble legal process forms. He may not send a form or a dunning letter that, taken as a whole, appears to simulate legal process. However, one legal phrase ( such as notice of legal action or show just cause why ) alone will not result in a violation of this section unless it contributes to an erroneous impression that the document is a legal form. 15 U.S. Code 1692e ( 14 ) states, The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. 15 U.S. Code 1692e ( 15 ) states, The false representation or implication that documents are not legal process forms or do not require action by the consumer. A debt collector may not deceive a consumer into failing to respond to legal process by concealing the importance of the papers, thereby subjecting the consumer to a default judgment. 15 U.S. Code 1692e ( 16 ) states, The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. The FDCPA does not prohibit a debt collector from operating a consumer reporting agency, but only a bona fide consumer reporting agency may use names such as Credit Bureau unless it actually provides credit reporting, a disclaimer in the text of a letter that the debt collector is not affiliated with ( or employed by ) a consumer reporting agency will not necessarily avoid a violation if the collector uses a name that indicates otherwise. XXXX, XXXX and Equifax are not maintaining reasonable procedures. There are also copies of my credit report attached that show and prove inaccuracies from one report to another as well. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. AS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THESE ACCOUNTS ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE THREE CREDIT BUREAUS ( XXXX, XXXX, and EQUIFAX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. ALSO, WOULD LIKE NEW CARDS REISSUED TO ME AS OPENED ENDED CHARGE CARDS ON ALL ACCOUNTS LISTED ON MY CREDIT REPORT THAT WERE CLOSED DO TO COLLECTIONS/CHARGE OFF. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC AND FTC, AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME.","date_sent_to_company":"2024-04-10T18:19:22.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"029XX","tags":null,"has_narrative":true,"complaint_id":"8738327","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-04-10T18:19:19.000Z","state":"RI","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["IF THERE IS NO <em>COMPLIANCE</em> OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC AND FTC, AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST 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