{"took":82,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":8,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"3353355","_score":31.301672,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"i got a notice that I had till XX/XX/XXXX to respond - i am working on my response since the problem is now going into it's second year and i paid the disputed amount to the store just to stop the penalties and late fees for an item i did not order, sent back and was charged for, i havve spent hours of time and postage in trying to get a resolution to their stealing my money and now want almost {$200.00} from me for an item i did not order, returned, and gave up and paid for - a bit {$9.00}. \nthis is shameful. \n\nYou have 60 days from when the company responded to your complaint to provide feedback. You now have until XX/XX/XXXX to complete it. \nCOMPLAINT ID XXXX-XXXX SUBMITTED ON XX/XX/XXXX PRODUCT Credit card or prepaid card ISSUE Advertising and marketing, including promotional offers","date_sent_to_company":"2019-08-27T19:19:23.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"Store credit card","zip_code":"10003","tags":null,"has_narrative":true,"complaint_id":"3353355","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Bread Financial Holdings, Inc.","date_received":"2019-08-26T00:48:49.000Z","state":"NY","company_public_response":null,"sub_issue":"Credit card company isn't resolving a dispute about a purchase on your statement"},"highlight":{"complaint_what_happened":["COMPLAINT ID XXXX-XXXX SUBMITTED ON XX/XX/XXXX PRODUCT <em>Credit</em> <em>card</em> or <em>prepaid</em> <em>card</em> ISSUE <em>Advertising</em> and <em>marketing</em>, <em>including</em> promotional <em>offers</em>"],"product":["<em>Credit</em> <em>card</em> or <em>prepaid</em> <em>card</em>"],"sub_product":["Store <em>credit</em> <em>card</em>"],"sub_issue":["<em>Credit</em> <em>card</em> company isn't resolving a dispute about a purchase on your statement"]},"sort":[31.301672,"3353355"]},{"_index":"complaint-public-v1","_id":"5216346","_score":23.999943,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"Dispute started on XXXX XXXX, when a USAA employee refused to provide a copy of our auto insurance card to enable Dealership to expedite the issue of a loaner vehicle, since the recall repair will take longer than originally planned. The circumstances were explained to the individual named XXXX, and more than sufficient information was provided with more offered specific to my identity as the policyholder, i.e., full name, address, telephone number, year and make of vehicle in service and name of Dealership she can email a copy of the current insurance ID card. She refused and threatend to hang up while I try to continue to convince her of the situation. I asked to speak to a Manager she refused to connect me to one. The two employees at the counter were witnesses to my frustration with this XXXX with their unbelieving facial expressions and offered to speak to the employee. \n\nSent a written complaint to USAA, with copies to top level management including the CEO. No response, no apology. Instead, they placed a BLOCK on our USAA issued credit cards and an attempt to use one XXXX was declined. I cut the cards into pieces and trashed them. We also canceled our home and auto insurance policies, at which time also discovered that our collision coverage for the XX/XX/XXXX XXXX was deleted without our knowledge, without notice and disguised with a small decrease in total premium that insurance companies were doing due to less traffic and the pandemic. \n\nI sent a detailed statement and a demand for a refund of two policy periods of overbilling and the unused prepaid portion of canceled auto policy. Also proposed that they use the credit and total refund owed to me and use that to pay the {$330.00} card balance and send me the remaining credit balance as a refund check. \n\nAs of this writing USAA have not taken any steps to resolve this issue. USAA continue bill me for the {$330.00} XXXX account with interests. When the bottom line is USAA owes us a refund of {$120.00}. should a basically knowledgeable accountant can make a bookkeeping entry of debiting the insurance account and crediting the XXXX account and refunding or billing the difference as applicable. \n\nI also informed USAA to close all my accounts that have terminated our business relationship. They ignore this also, we continue to receive advertising and promotional offers on different subjects, such as retirement, financial management, use of credit cards. USAA marketing to the military and military community is not well organized and to me have a prevailing culture of incompetence in the organization with perceivable corruption at the very least in their insurance operations. These compounding issues have not been addressed by Management going on seven ( 7 ) months","date_sent_to_company":"2022-02-13T16:20:27.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"General-purpose credit card or charge card","zip_code":"32807","tags":"Older American, Servicemember","has_narrative":true,"complaint_id":"5216346","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"UNITED SERVICES AUTOMOBILE ASSOCIATION","date_received":"2022-02-13T14:35:16.000Z","state":"FL","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Credit card company isn't resolving a dispute about a purchase on your statement"},"highlight":{"complaint_what_happened":["They ignore this also, we continue to receive <em>advertising</em> and promotional <em>offers</em> on different subjects, such as retirement, financial management, use of <em>credit</em> cards. USAA <em>marketing</em> to the military and military community is not well organized and to me have a prevailing culture of incompetence in the organization with perceivable corruption at the very least in their insurance operations. These compounding issues have not been addressed by Management going on seven ( 7 ) months"],"product":["<em>Credit</em> <em>card</em> or <em>prepaid</em> <em>card</em>"],"sub_product":["General-purpose <em>credit</em> <em>card</em> or charge <em>card</em>"],"sub_issue":["<em>Credit</em> <em>card</em> company isn't resolving a dispute about a purchase on your statement"]},"sort":[23.999943,"5216346"]},{"_index":"complaint-public-v1","_id":"17178345","_score":21.659935,"_source":{"product":"Credit card","complaint_what_happened":"Credit Card XXXX XXXX XXXX XXXX Chase Bank USA, N.A. ) XXXX. What happened? \n\nOn XX/XX/XXXX, I received a targeted promotional email from Chase titled Introducing Points Boost on Chase XXXX. The offer stated : On top of your {$50.00} hotel credit, cardmembers who joined within the last year can now enjoy a one-time {$50.00} credit toward any purchase on Chase Travel XXXX To redeem, book your itinerary through Chase Travel by XX/XX/XXXX. \n\nThe offer clearly stated that the {$50.00} credit could be applied toward any Chase Travel purchase, with no exclusions for hotels, flights, or other types of bookings. \n\nOn XX/XX/XXXX, I booked a XXXX flight from XXXX to XXXX for {$88.00} through Chase XXXX  using my Chase Sapphire Preferred card. I met all eligibility requirements as a cardmember within the past year and made the qualifying purchase through the specified platform. The terms and conditions of the targeted email did not specify how the {$50.00} travel credit would be applied, although it was implied to function in the same manner as the existing {$50.00} hotel crediti.e., as a statement credit after a qualifying purchase. When I booked my flight on XX/XX/XXXX, there was no visible option in the Chase XXXX app to apply or activate a promotion. If such an option was intended, it was not disclosed in the offer or visible at checkout, suggesting either a design flaw or missing instructions. \n\nDespite multiple calls and secure messages with Chase support over a period of more than XXXX months, I never received the promised {$50.00} statement credit. \n\nXXXX. What company is your complaint about? \n\nCompany Name : JPMorgan Chase Bank , N.A . \n\nProduct : Credit card or prepaid card Sub-product : General-purpose credit card ( Chase Sapphire XXXX ) XXXX. What type of problem are you having? \n\nAdvertising, marketing or promotional offer Rewards or promotional bonus not applied as promised XXXX. When did this happen? \n\nDate of offer received : XX/XX/XXXX Qualifying transaction date : XX/XX/XXXX XXXX attempted resolution date : XX/XX/XXXX XXXX. What did the company say or do? \n\nMultiple Chase customer service representatives ( on XX/XX/XXXX and XX/XX/XXXX ) confirmed that I qualified for the targeted promotion and that the {$50.00} statement credit would post within XXXX to XXXX billing cycles. \n\nAfter waiting XXXX full billing cycles, I called again on XX/XX/XXXX, and was told the case would be escalated since I was confirmed to have fulfilled the offer terms and should have seen the credit hit my statement already. \n\nOn XX/XX/XXXX, I called again since I had not heard back from my XXXX complaint/call, then I submitted screenshots of the promotional email as proof. \n\nChase repeatedly confused this targeted travel credit with the separate {$50.00} XXXX XXXX XXXX benefit, even after clarification. \n\nI received form responses incorrectly denying the claim, despite meeting all stated terms. \n\nI have spent over XXXX months attempting to resolve this through Chases normal and escalation channels, including multiple XXXX phone calls and written follow-ups.","date_sent_to_company":"2025-11-12T00:23:51.000Z","issue":"Advertising and marketing, including promotional offers","sub_product":"General-purpose credit card or charge card","zip_code":"77379","tags":null,"has_narrative":true,"complaint_id":"17178345","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2025-11-11T23:55:43.000Z","state":"TX","company_public_response":null,"sub_issue":"Didn't receive advertised or promotional terms"},"highlight":{"complaint_what_happened":["Product : <em>Credit</em> <em>card</em> or <em>prepaid</em> <em>card</em> Sub-product : General-purpose <em>credit</em> <em>card</em> ( Chase Sapphire XXXX ) XXXX. What type of problem are you having? \n\n<em>Advertising</em>, <em>marketing</em> or promotional <em>offer</em> Rewards or promotional bonus not applied as promised XXXX. When did this happen? \n\nDate of <em>offer</em> received : XX/XX/XXXX Qualifying transaction date : XX/XX/XXXX XXXX attempted resolution date : XX/XX/XXXX XXXX. What did the company say or do?"],"product":["<em>Credit</em> <em>card</em>"],"issue":["<em>Advertising</em> and <em>marketing</em>, <em>including</em> promotional <em>offers</em>"],"sub_product":["General-purpose <em>credit</em> <em>card</em> or charge <em>card</em>"]},"sort":[21.659935,"17178345"]},{"_index":"complaint-public-v1","_id":"8867994","_score":10.010701,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX BANK XXXX 15 U.S. Code 1602 - Definitions and rules of construction ( a ) The definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter.\n\n( b ) Bureau.\n\nThe term Bureau means the Bureau of Consumer Financial Protection.\n\n( c ) The term Board refers to the Board of Governors of the Federal Reserve System. \n( d ) The term organization means a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association. \n( XXXX ) The term person means a natural person or an organization. \n( f ) The term credit means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment. \n( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter. \n( h ) The term credit sale refers to any sale in which the seller is a creditor. The term includes any contract in the form of a bailment or lease if the bailee or lessee contracts to pay as compensation for use a sum substantially equivalent to or in excess of the aggregate value of the property and services involved and it is agreed that the bailee or lessee will become, or for no other or a nominal consideration has the option to become, the owner of the property upon full compliance with his obligations under the contract. \n( i ) The adjective consumer, used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes. \n( j ) The terms open end credit plan and open end consumer credit plan mean a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan or open end consumer credit plan which is an open end credit plan or open end consumer credit plan within the meaning of the preceding sentence is an open end credit plan or open end consumer credit plan even if credit information is verified from time to time.\n\n( k ) The term adequate notice, as used in section 1643 of this title, means a printed notice to a cardholder which sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. Such notice may be given to a cardholder by printing the notice on any credit card, or on each periodic statement of account, issued to the cardholder, or by any other means reasonably assuring the receipt thereof by the cardholder.\n\n( l ) The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit.\n\n( m ) The term accepted credit card means any credit card which the cardholder has requested and received or has signed or has used, or authorized another to use, for the purpose of obtaining money, property, labor, or services on credit.\n\n( n ) The term cardholder means any person to whom a credit card is issued or any person who has agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person. \n( o ) The term card issuer means any person who issues a credit card, or the agent of such person with respect to such card. \n( p ) The term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. \n( q ) The term discount as used in section 1666f of this title means a reduction made from the regular price. The term discount as used in section 1666f of this title shall not mean a surcharge.\n\n( r ) The term surcharge as used in this section and section 1666f of this title means any means of increasing the regular price to a cardholder which is not imposed upon customers paying by cash, check, or similar means.\n\n( s ) The term State refers to any State, the Commonwealth of XXXX XXXX, the District of Columbia, and any territory or possession of the United States. \n( t ) The term agricultural purposes includes the production, harvest, exhibition, marketing, transportation, processing, or manufacture of agricultural products by a natural person who cultivates, plants, propagates, or nurtures those agricultural products, including but not limited to the acquisition of farmland, real property with a farm residence, and personal property and services used primarily in farming. \n( u ) The term agricultural products includes agricultural, horticultural, viticultural, and dairy products, livestock, wildlife, poultry, bees, forest products, fish and shellfish, and any products thereof, including processed and manufactured products, and any and all products raised or produced on farms and any processed or manufactured products thereof. \n( v ) The term material disclosures means the disclosure, as required by this subchapter, of the annual percentage rate, the method of determining the finance charge and the balance upon which a finance charge will be imposed, the amount of the finance charge, the amount to be financed, the total of payments, the number and amount of payments, the due dates or periods of payments scheduled to repay the indebtedness, and the disclosures required by section 1639 ( a ) of this title. \n( w ) The term dwelling means a residential structure or mobile home which contains one to four family housing units, or individual units of condominiums or cooperatives.\n\n( x ) The term residential mortgage transaction means a transaction in which a mortgage, deed of trust, purchase money security interest arising under an installment sales contract, or equivalent consensual security interest is created or retained against the consumers dwelling to finance the acquisition or initial construction of such dwelling. \n( y ) As used in this section and section 1666f of this title, the term regular price means the tag or posted price charged for the property or service if a single price is tagged or posted, or the price charged for the property or service when payment is made by use of an open-end credit plan or a credit card if either ( 1 ) no price is tagged or posted, or ( 2 ) two prices are tagged or posted, one of which is charged when payment is made by use of an open-end credit plan or a credit card and the other when payment is made by use of cash, check, or similar means. For purposes of this definition, payment by check, draft, or other negotiable instrument which may result in the debiting of an open-end credit plan or a credit cardholders open-end account shall not be considered payment made by use of the plan or the account. \n( z ) Any reference to any requirement imposed under this subchapter or any provision thereof includes reference to the regulations of the Bureau under this subchapter or the provision thereof in question. \n( aa ) The disclosure of an amount or percentage which is greater than the amount or percentage required to be disclosed under this subchapter does not in itself constitute a violation of this subchapter. \n( bb ) High-cost Mortgage. \n( 1 ) Definition. \n( A ) In general.The term high-cost mortgage, and a mortgage referred to in this subsection, means a consumer credit transaction that is secured by the consumers principal dwelling, other than a reverse mortgage transaction, if ( i ) in the case of a credit transaction secured ( I ) by a first mortgage on the consumers principal dwelling, the annual percentage rate at consummation of the transaction will exceed by more than XXXX percentage points ( XXXX percentage points, if the dwelling is personal property and the transaction is for less than {$50000.00} ) the average prime offer rate, as defined in section 1639c ( b ) ( 2 ) ( B ) of this title, for a comparable transaction ; or ( II ) by a subordinate or junior mortgage on the consumers principal dwelling, the annual percentage rate at consummation of the transaction will exceed by more than XXXX percentage points the average prime offer rate, as defined in section 1639c ( b ) ( 2 ) ( B ) of this title, for a comparable transaction ; ( ii ) the total points and fees payable in connection with the transaction, other than bona fide third party charges not retained by the mortgage originator, creditor, or an affiliate of the creditor or mortgage originator, exceed ( I ) in the case of a transaction for {$20000.00} or more, 5 percent of the total transaction amount ; or ( II ) in the case of a transaction for less than {$20000.00}, the lesser of 8 percent of the total transaction amount or {$1000.00} ( or such other dollar amount as the Board shall prescribe by regulation ) ; or ( iii ) the credit transaction documents permit the creditor to charge or collect prepayment fees or penalties more than 36 months after the transaction closing or such fees or penalties exceed, in the aggregate, more than 2 percent of the amount prepaid. \n( B ) Introductory rates taken into account.For purposes of subparagraph ( A ) ( i ), the annual percentage rate of interest shall be determined based on the following interest rate : ( i ) In the case of a fixed-rate transaction in which the annual percentage rate will not vary during the term of the loan, the interest rate in effect on the date of consummation of the transaction. \n( ii ) In the case of a transaction in which the rate of interest varies solely in accordance with an index, the interest rate determined by adding the index rate in effect on the date of consummation of the transaction to the maximum margin permitted at any time during the loan agreement. \n( iii ) In the case of any other transaction in which the rate may vary at any time during the term of the loan for any reason, the interest charged on the transaction at the maximum rate that may be charged during the term of the loan.\n\n( C ) Mortgage insurance.For the purposes of computing the total points and fees under paragraph ( 4 ), the total points and fees shall exclude ( i ) any premium provided by an agency of the Federal Government or an agency of a State ; ( ii ) any amount that is not in excess of the amount payable under policies in effect at the time of origination under section 203 ( c ) ( 2 ) ( A ) of the National Housing Act ( 12 U.S.C. 1709 ( c ) ( 2 ) ( A ) ), provided that the premium, charge, or fee is required to be refundable on a pro-rated basis and the refund is automatically issued upon notification of the satisfaction of the underlying mortgage loan ; and ( iii ) any premium paid by the consumer after closing.\n\n( 2 ) ( A ) After the 2-year period beginning on the effective date of the regulations promulgated under section 155 of the XXXX XXXX XXXX and XXXX Improvement Act of XXXX, and no more frequently than biennially after the first increase or decrease under this subparagraph, the Bureau may by regulation increase or decrease the number of percentage points specified in paragraph ( 1 ) ( A ), if the Bureau determines that the increase or decrease is ( i ) consistent with the consumer protections against abusive lending provided by the amendments made by subtitle B of title I of the XXXX XXXX XXXX and Regulatory Improvement Act of XXXX ; and ( ii ) warranted by the need for credit. \n( B ) An increase or decrease under subparagraph ( A ) ( i ) may not result in the number of percentage points referred to in paragraph ( 1 ) ( A ) ( i ) ( I ) being less than 6 percentage points or greater than 10 percentage points ; and ( ii ) may not result in the number of percentage points referred to in paragraph ( 1 ) ( A ) ( i ) ( II ) being less than 8 percentage points or greater than 12 percentage points. \n( C ) In determining whether to increase or decrease the number of percentage points referred to in subparagraph ( A ), the Bureau shall consult with representatives of consumers, including low-income consumers, and lenders. \n( 3 ) The amount specified in paragraph ( 1 ) ( B ) ( ii ) shall be adjusted annually on XX/XX/XXXX by the annual percentage change in the Consumer Price Index, as reported on XX/XX/XXXX of the year preceding such adjustment. \n( 4 ) For purposes of paragraph ( 1 ) ( B ), points and fees shall include ( A ) all items included in the finance charge, except interest or the time-price differential ; ( B ) all compensation paid directly or indirectly by a consumer or creditor to a mortgage originator from any source, including a mortgage originator that is also the creditor in a table-funded transaction ; ( C ) each of the charges listed in section 1605 ( e ) of this title ( except an escrow for future payment of taxes ), unless ( i ) the charge is reasonable ; ( ii ) the creditor receives no direct or indirect compensation ; and ( iii ) the charge is paid to a third party unaffiliated with the creditor ; and ( D ) premiums or other charges payable at or before closing for any credit life, credit disability, credit unemployment, or credit property insurance, or any other accident, loss-of-income, life or health insurance, or any payments directly or indirectly for any debt cancellation or suspension agreement or contract, except that insurance premiums or debt cancellation or suspension fees calculated and paid in full on a monthly basis shall not be considered financed by the creditor ; ( E ) the maximum prepayment fees and penalties which may be charged or collected under the terms of the credit transaction ; ( F ) all prepayment fees or penalties that are incurred by the consumer if the loan refinances a previous loan made or currently held by the same creditor or an affiliate of the creditor ; and ( G ) such other charges as the Bureau determines to be appropriate. \n( 5 ) Calculation of points and fees for open-end consumer credit plans. \nIn the case of open-end consumer credit plans, points and fees shall be calculated, for purposes of this section and section 1639 of this title, by adding the total points and fees known at or before closing, including the maximum prepayment penalties which may be charged or collected under the terms of the credit transaction, plus the minimum additional fees the consumer would be required to pay to draw down an amount equal to the total credit line. \n( 6 ) This subsection shall not be construed to limit the rate of interest or the finance charge that a person may charge a consumer for any extension of credit.\n\n( cc ) The term reverse mortgage transaction means a nonrecourse transaction in which a mortgage, deed of trust, or equivalent consensual security interest is created against the consumers principal dwelling ( 1 ) securing one or more advances ; and ( 2 ) with respect to which the payment of any principal, interest, and shared appreciation or equity is due and payable ( other than in the case of default ) only after ( A ) the transfer of the dwelling ; ( B ) the consumer ceases to occupy the dwelling as a principal dwelling ; or ( C ) the death of the consumer. \n( dd ) Definitions Relating to Mortgage Origination and Residential Mortgage Loans. \n( 1 ) Commission.\n\nUnless otherwise specified, the term Commission means the Federal Trade Commission.\n\n( 2 ) Mortgage originator.The term mortgage originator ( A ) means any person who, for direct or indirect compensation or gain, or in the expectation of direct or indirect compensation or gain ( i ) takes a residential mortgage loan application; ( ii ) assists a consumer in obtaining or applying to obtain a residential mortgage loan ; or ( iii ) offers or negotiates terms of a residential mortgage loan ; ( B ) includes any person who represents to the public, through advertising or other means of communicating or providing information ( including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items ), that such person can or will provide any of the services or perform any of the activities described in subparagraph ( A ) ; ( C ) does not include any person who is ( i ) not otherwise described in subparagraph ( A ) or ( B ) and who performs purely administrative or clerical tasks on behalf of a person who is described in any such subparagraph ; or ( ii ) a retailer of manufactured or modular homes or an employee of the retailer if the retailer or employee, as applicable ( I ) does not receive compensation or gain for engaging in activities described in subparagraph ( A ) that is in excess of any compensation or gain received in a comparable cash transaction ; ( II ) discloses to the consumer ( aa ) in writing any corporate affiliation with any creditor ; and ( bb ) if the retailer has a corporate affiliation with any creditor, at least 1 unaffiliated creditor ; and ( III ) does not directly negotiate with the consumer or lender on loan terms ( including rates, fees, and other costs ). \n( D ) does not include a person or entity that only performs real estate brokerage activities and is licensed or registered in accordance with applicable State law, unless such person or entity is compensated by a lender, a mortgage broker, or other mortgage originator or by any agent of such lender, mortgage broker, or other mortgage originator ; ( E ) does not include, with respect to a residential mortgage loan, a person, estate, or trust that provides mortgage financing for the sale of XXXX properties in any 12-month period to purchasers of such properties, each of which is owned by such person, estate, or trust and serves as security for the loan, provided that such loan ( i ) is not made by a person, estate, or trust that has constructed, or acted as a contractor for the construction of, a residence on the property in the ordinary course of business of such person, estate, or trust ; ( ii ) is fully amortizing ; ( iii ) is with respect to a sale for which the seller determines in good faith and documents that the buyer has a reasonable ability to repay the loan ; ( iv ) has a fixed rate or an adjustable rate that is adjustable after 5 or more years, subject to reasonable annual and lifetime limitations on interest rate increases ; and ( v ) meets any other criteria the Board may prescribe ; ( F ) does not include the creditor ( except the creditor in a table-funded transaction ) under paragraph ( 1 ), ( 2 ), or ( 4 ) of section 1639b ( c ) of this title ; and ( G ) does not include a servicer or servicer employees, agents and contractors, including but not limited to those who offer or negotiate terms of a residential mortgage loan for purposes of renegotiating, modifying, replacing and subordinating principal of existing mortgages where borrowers are behind in their payments, in default or have a reasonable likelihood of being in default or falling behind. \n( XXXX ) Nationwide mortgage licensing system and registry. \nThe term XXXX Mortgage XXXX XXXX and XXXX has the same meaning as in the Secure and Fair Enforcement for Mortgage Licensing Act of XXXX [ 12 U.S.C. 5101 et seq. ]. \n( 4 ) Other definitions relating to mortgage originator.\n\nFor purposes of this subsection, a person assists a consumer in obtaining or applying to obtain a residential mortgage loan by, among other things, advising on residential mortgage loan terms ( including rates, fees, and other costs ), preparing residential mortgage loan packages, or collecting information on behalf of the consumer with regard to a residential mortgage loan. \n( 5 ) Residential mortgage loan. \nThe term residential mortgage loan means any consumer credit transaction that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or on residential real property that includes a dwelling, other than a consumer credit transaction under an open end credit plan or, for purposes of sections 1639b and 1639c of this title and section 1638 ( a ) ( 16 ), ( 17 ), ( 18 ), and ( 19 ) of this title, and sections 1638 ( f ) and 1640 ( k ) of this title, and any regulations promulgated thereunder, an extension of credit relating to a plan described in section 101 ( 53D ) of title 11. \n( 6 ) Secretary.\n\nThe term Secretary, when used in connection with any transaction or person involved with a residential mortgage loan, means the Secretary of Housing and Urban Development.\n\n( 7 ) Servicer.\n\nThe term servicer has the same meaning as in secti\n\non 2605 ( i ) ( 2 ) of title 12. ( ee ) Bona Fide Discount Points and Prepayment Penalties.For the purposes of determining the amount of points and fees for purposes of subsection ( aa ), either the amounts described in paragraph ( 1 ) or ( 2 ) of the following paragraphs, but not both, shall be excluded : ( 1 ) Up to and including 2 bona fide discount points payable by the consumer in connection with the mortgage, but only if the interest rate from which the mortgages interest rate will be discounted does not exceed by more than 1 percentage point ( A ) the average prime offer rate, as defined in section 1639c of this title ; or ( B ) if secured by a personal property loan, the average rate on a loan in connection with which insurance is provided under title I of the National Housing Act ( 12 U.S.C. 1702 et seq. ).\n\n( 2 ) Unless 2 bona fide discount points have been excluded under paragraph ( 1 ), up to and including 1 bona fide discount point payable by the consumer in connection with the mortgage, but only if the interest rate from which the mortgages interest rate will be discounted does not exceed by more than 2 percentage points ( A ) the average prime offer rate, as defined in section 1639c of this title ; or ( B ) if secured by a personal property loan, the average rate on a loan in connection with which insurance is provided under title I of the National Housing Act ( 12 U.S.C. 1702 et seq. ). \n( 3 ) For purposes of paragraph ( 1 ), the term bona fide discount points means loan discount points which are knowingly paid by the consumer for the purpose of reducing, and which in fact result in a bona fide reduction of, the interest rate or time-price differential applicable to the mortgage.\n\n( 4 ) Paragraphs ( 1 ) and ( 2 ) shall not apply to discount points used to purchase an interest rate reduction unless the amount of the interest rate reduction purchased is reasonably consistent with established industry norms and practices for secondary mortgage market transactions.","date_sent_to_company":"2024-04-26T22:52:21.000Z","issue":"Improper use of your report","sub_product":"Other personal consumer report","zip_code":"94585","tags":null,"has_narrative":true,"complaint_id":"8867994","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-04-26T22:45:22.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Notwithstanding the preceding sentence, in the case of an open-end <em>credit</em> plan involving a <em>credit</em> <em>card</em>, the <em>card</em> issuer and any person who honors the <em>credit</em> <em>card</em> and <em>offers</em> a discount which is a finance charge are creditors."],"product":["<em>Credit</em> reporting or other personal consumer reports"]},"sort":[10.010701,"8867994"]},{"_index":"complaint-public-v1","_id":"9263218","_score":9.004707,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"15 U.S. Code 1602 - Definitions and rules of construction U.S. Code Notes prev | next ( a ) The definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter.\n\n( b ) Bureau.\n\nThe term Bureau means the Bureau of Consumer Financial Protection.\n\n( c ) The term Board refers to the Board of Governors of the Federal Reserve System.\n\n( d ) The term organization means a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association.\n\n( e ) The term person means a natural person or an organization.\n\n( f ) The term credit means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment.\n\n( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter. \n( h ) The term credit sale refers to any sale in which the seller is a creditor. The term includes any contract in the form of a bailment or lease if the bailee or lessee contracts to pay as compensation for use a sum substantially equivalent to or in excess of the aggregate value of the property and services involved and it is agreed that the bailee or lessee will become, or for no other or a nominal consideration has the option to become, the owner of the property upon full compliance with his obligations under the contract. \n( i ) The adjective consumer, used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes.\n\n( j ) The terms open end credit plan and open end consumer credit plan mean a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan or open end consumer credit plan which is an open end credit plan or open end consumer credit plan within the meaning of the preceding sentence is an open end credit plan or open end consumer credit plan even if credit information is verified from time to time.\n\n( k ) The term adequate notice, as used in section 1643 of this title, means a printed notice to a cardholder which sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. Such notice may be given to a cardholder by printing the notice on any credit card, or on each periodic statement of account, issued to the cardholder, or by any other means reasonably assuring the receipt thereof by the cardholder.\n\n( l ) The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit.\n\n( m ) The term accepted credit card means any credit card which the cardholder has requested and received or has signed or has used, or authorized another to use, for the purpose of obtaining money, property, labor, or services on credit.\n\n( n ) The term cardholder means any person to whom a credit card is issued or any person who has agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person.\n\n( o ) The term card issuer means any person who issues a credit card, or the agent of such person with respect to such card.\n\n( p ) The term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit.\n\n( q ) The term discount as used in section 1666f of this title means a reduction made from the regular price. The term discount as used in section 1666f of this title shall not mean a surcharge.\n\n( r ) The term surcharge as used in this section and section 1666f of this title means any means of increasing the regular price to a cardholder which is not imposed upon customers paying by cash, check, or similar means.\n\n( s ) The term State refers to any StateXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  and any territory or possession of the United States. \n( t ) The term agricultural purposes includes the production, harvest, exhibition, marketing, transportation, processing, or manufacture of agricultural products by a natural person who cultivates, plants, propagates, or nurtures those agricultural products, including but not limited to the acquisition of farmland, real property with a farm residence, and personal property and services used primarily in farming. \n( u ) The term agricultural products includes agricultural, horticultural, viticultural, and dairy products, livestock, wildlife, poultry, bees, forest products, fish and shellfish, and any products thereof, including processed and manufactured products, and any and all products raised or produced on farms and any processed or manufactured products thereof. \n( v ) The term material disclosures means the disclosure, as required by this subchapter, of the annual percentage rate, the method of determining the finance charge and the balance upon which a finance charge will be imposed, the amount of the finance charge, the amount to be financed, the total of payments, the number and amount of payments, the due dates or periods of payments scheduled to repay the indebtedness, and the disclosures required by section 1639 ( a ) of this title.\n\n( w ) The term dwelling means a residential structure or mobile home which contains one to four family housing units, or individual units of condominiums or cooperatives.\n\n( x ) The term residential mortgage transaction means a transaction in which a mortgage, deed of trust, purchase money security interest arising under an installment sales contract, or equivalent consensual security interest is created or retained against the consumers dwelling to finance the acquisition or initial construction of such dwelling.\n\n( y ) As used in this section and section 1666f of this title, the term regular price means the tag or posted price charged for the property or service if a single price is tagged or posted, or the price charged for the property or service when payment is made by use of an open-end credit plan or a credit card if either ( 1 ) no price is tagged or posted, or ( 2 ) two prices are tagged or posted, one of which is charged when payment is made by use of an open-end credit plan or a credit card and the other when payment is made by use of cash, check, or similar means. For purposes of this definition, payment by check, draft, or other negotiable instrument which may result in the debiting of an open-end credit plan or a credit cardholders open-end account shall not be considered payment made by use of the plan or the account.\n\n( z ) Any reference to any requirement imposed under this subchapter or any provision thereof includes reference to the regulations of the Bureau under this subchapter or the provision thereof in question. \n( aa ) The disclosure of an amount or percentage which is greater than the amount or percentage required to be disclosed under this subchapter does not in itself constitute a violation of this subchapter. \n( bb ) High-cost Mortgage. \n( 1 ) Definition.\n\n( A ) In general.The term high-cost mortgage, and a mortgage referred to in this subsection, means a consumer credit transaction that is secured by the consumers principal dwelling, other than a reverse mortgage transaction, if ( i ) in the case of a credit transaction secured ( I ) by a first mortgage on the consumers principal dwelling, the annual percentage rate at consummation of the transaction will exceed by more than 6.5 percentage points ( 8.5 percentage points, if the dwelling is personal property and the transaction is for less than {$50000.00} ) the average prime offer rate, as defined in section 1639c ( b ) ( 2 ) ( B ) of this title, for a comparable transaction ; or ( II ) by a subordinate or junior mortgage on the consumers principal dwelling, the annual percentage rate at consummation of the transaction will exceed by more than 8.5 percentage points the average prime offer rate, as defined in section 1639c ( b ) ( 2 ) ( B ) of this title, for a comparable transaction ; ( ii ) the total points and fees payable in connection with the transaction, other than bona fide third party charges not retained by the mortgage originator, creditor, or an affiliate of the creditor or mortgage originator, exceed ( I ) in the case of a transaction for {$20000.00} or more, XXXX percent of the total transaction amount ; or ( II ) in the case of a transaction for less than {$20000.00}, the lesser of XXXX percent of the total transaction amount or {$1000.00} ( or such other dollar amount as the Board shall prescribe by regulation ) ; or ( iii ) the credit transaction documents permit the creditor to charge or collect prepayment fees or penalties more than 36 months after the transaction closing or such fees or penalties exceed, in the aggregate, more than XXXX percent of the amount prepaid. \n( B ) Introductory rates taken into account.For purposes of subparagraph ( A ) ( i ), the annual percentage rate of interest shall be determined based on the following interest rate : ( i ) In the case of a fixed-rate transaction in which the annual percentage rate will not vary during the term of the loan, the interest rate in effect on the date of consummation of the transaction. \n( ii ) In the case of a transaction in which the rate of interest varies solely in accordance with an index, the interest rate determined by adding the index rate in effect on the date of consummation of the transaction to the maximum margin permitted at any time during the loan agreement. \n( iii ) In the case of any other transaction in which the rate may vary at any time during the term of the loan for any reason, the interest charged on the transaction at the maximum rate that may be charged during the term of the loan.\n\n( C ) Mortgage insurance.For the purposes of computing the total points and fees under paragraph ( 4 ), the total points and fees shall exclude ( i ) any premium provided by an agency of the Federal Government or an agency of a State ; ( ii ) any amount that is not in excess of the amount payable under policies in effect at the time of origination under section 203 ( c ) ( 2 ) ( A ) of the National Housing Act ( 12 U.S.C. 1709 ( c ) ( 2 ) ( A ) ), provided that the premium, charge, or fee is required to be refundable on a pro-rated basis and the refund is automatically issued upon notification of the satisfaction of the underlying mortgage loan ; and ( iii ) any premium paid by the consumer after closing. ( 2 ) ( A ) After the 2-year perio\nd beginning on the effective date of the regulations promulgated under section 155 of the Riegle Community Development and Regulatory Improvement Act of 1994, and no more frequently than biennially after the first increase or decrease under this subparagraph, the Bureau may by regulation increase or decrease the number of percentage points specified in paragraph ( 1 ) ( A ), if the Bureau determines that the increase or decrease is ( i ) consistent with the consumer protections against abusive lending provided by the amendments made by subtitle B of title I of the XXXX XXXX XXXX and Regulatory Improvement Act of 1994 ; and ( ii ) warranted by the need for credit.\n\n( B ) An increase or decrease under subparagraph ( A ) ( i ) may not result in the number of percentage points referred to in paragraph ( 1 ) ( A ) ( i ) ( I ) being less than 6 percentage points or greater than 10 percentage points ; and ( ii ) may not result in the number of percentage points referred to in paragraph ( 1 ) ( A ) ( i ) ( II ) being less than 8 percentage points or greater than 12 percentage points.\n\n( C ) In determining whether to increase or decrease the number of percentage points referred to in subparagraph ( A ), the Bureau shall consult with representatives of consumers, including low-income consumers, and lenders.\n\n( 3 ) The amount specified in paragraph ( 1 ) ( B ) ( ii ) shall be adjusted annually on XXXX XXXX by the annual percentage change in the Consumer Price Index, as reported on June 1 of the year preceding such adjustment.\n\n( 4 ) For purposes of paragraph ( 1 ) ( B ), points and fees shall in\nclude ( A ) all items included in the finance charge, except interest or the time-price differential ; ( B ) all compensation paid directly or indirectly by a consumer or creditor to a mortgage originator from any source, including a mortgage originator that is also the creditor in a table-funded transaction ; ( C ) each of the charges listed in section 1605 ( e ) of this title ( except an escrow for future payment of taxes ), unless ( i ) the charge is reasonable ; ( ii ) the creditor receives no direct or indirect compensation ; and ( iii ) the charge is paid to a third party unaffiliated with the creditor ; and ( D ) premiums or other charges payable at or before closing for any credit life, credit disability, credit unemployment, or credit property insurance, or any other accident, loss-of-income, life or health insurance, or any payments directly or indirectly for any debt cancellation or suspension agreement or contract, except that insurance premiums or debt cancellation or suspension fees calculated and paid in full on a monthly basis shall not be considered financed by the creditor ; ( E ) the maximum prepayment fees and penalties which may be charged or collected under the terms of the credit transaction ; ( F ) all prepayment fees or penalties that are incurred by the consumer if the loan refinances a previous loan made or currently held by the same creditor or an affiliate of the creditor ; and ( G ) such other charges as the Bureau determines to be appropriate.\n\n( 5 ) Calculation of points and fees for open-end consumer credit plans.\n\nIn the case of open-end consumer credit plans, points and fees shall be calculated, for purposes of this section and section 1639 of this title, by adding the total points and fees known at or before closing, including the maximum prepayment penalties which may be charged or collected under the terms of the credit transaction, plus the minimum additional fees the consumer would be required to pay to draw down an amount equal to the total credit line.\n\n( 6 ) This subsection shall not be construed to limit the rate of interest or the finance charge that a person may charge a consumer for any extension of credit.\n\n( cc ) The term reverse mortgage transaction means a nonrecourse transaction in which a mortgage, deed of trust, or equivalent consensual security interest is created against the consumers principal dwelling ( 1 ) securing one or more advances ; and ( 2 ) with respect to which the payment of any principal, interest, and shared appreciation or equity is due and payable ( other than in the case of default ) only after ( A ) the transfer of the dwelling ; ( B ) the consumer ceases to occupy the dwelling as a principal dwelling ; or ( C ) the death of the consumer.\n\n( dd ) Definitions Relating to Mortgage Origination and Residential Mortgage Loans.\n\n( 1 ) Commission.\n\nUnless otherwise specified, the term Commission means the Federal Trade Commission.\n\n( 2 ) Mortgage originator.The term mortgage originator ( A ) means any person who, for direct or indirect compensation or gain, or in the expectation of direct or indirect compensation or gain ( i ) takes a residential mortgage loan application; ( ii ) assists a consumer in obtaining or applying to obtain a residential mortgage loan ; or ( iii ) offers or negotiates terms of a residential mortgage loan ; ( B ) includes any person who represents to the public, through advertising or other means of communicating or providing information ( including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items ), that such person can or will provide any of the services or perform any of the activities described in subparagraph ( A ) ; ( C ) does not include any person who is ( i ) not otherwise described in subparagraph ( A ) or ( B ) and who performs purely administrative or clerical tasks on behalf of a person who is described in any such subparagraph ; or ( ii ) a retailer of manufactured or modular homes or an employee of the retailer if the retailer or employee, as applicable ( I ) does not receive compensation or gain for engaging in activities described in subparagraph ( A ) that is in excess of any compensation or gain received in a comparable cash transaction ; ( II ) discloses to the consumer ( aa ) in writing any corporate affiliation with any creditor ; and ( bb ) if the retailer has a corporate affiliation with any creditor, at least 1 unaffiliated creditor ; and ( III ) does not directly negotiate with the consumer or lender on loan terms ( including rates, fees, and other costs ).\n\n( D ) does not include a person or entity that only performs real estate brokerage activities and is licensed or registered in accordance with applicable State law, unless such person or entity is compensated by a lender, a mortgage broker, or other mortgage originator or by any agent of such lender, mortgage broker, or other mortgage originator ; ( E ) does not include, with respect to a residential mortgage loan, a person, estate, or trust that provides mortgage financing for the sale of 3 properties in any 12-month period to purchasers of such properties, each of which is owned by such person, estate, or trust and serves as security for the loan, provided that such loan ( i ) is not made by a person, estate, or trust that has constructed, or acted as a contractor for the construction of, a residence on the property in the ordinary course of business of such person, estate, or trust ; ( ii ) is fully amortizing ; ( iii ) is with respect to a sale for which the seller determines in good faith and documents that the buyer has a reasonable ability to repay the loan ; ( iv ) has a fixed rate or an adjustable rate that is adjustable after 5 or more years, subject to reasonable annual and lifetime limitations on interest rate increases ; and ( v ) meets any other criteria the Board may prescribe ; ( F ) does not include the creditor ( except the creditor in a table-funded transaction ) under paragraph ( 1 ), ( 2 ), or ( 4 ) of section 1639b ( c ) of this title ; and ( G ) does not include a servicer or servicer employees, agents and contractors, including but not limited to those who offer or negotiate terms of a residential mortgage loan for purposes of renegotiating, modifying, replacing and subordinating principal of existing mortgages where borrowers are behind in their payments, in default or have a reasonable likelihood of being in default or falling behind.\n\n( 3 ) Nationwide mortgage licensing system and registry.\n\nThe term Nationwide Mortgage Licensing System and Registry has the same meaning as in the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 [ 12 U.S.C. 5101 et seq. ].\n\n( 4 ) Other definitions relating to mortgage originator.\n\nFor purposes of this subsection, a person assists a consumer in obtaining or applying to obtain a residential mortgage loan by, among other things, advising on residential mortgage loan terms ( including rates, fees, and other costs ), preparing residential mortgage loan packages, or collecting information on behalf of the consumer with regard to a residential mortgage loan. \n( 5 ) Residential mortgage loan.\n\nThe term residential mortgage loan means any consumer credit transaction that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or on residential real property that includes a dwelling, other than a consumer credit transaction under an open end credit plan or, for purposes of sections 1639b and 1639c of this title and section 1638 ( a ) ( 16 ), ( 17 ), ( 18 ), and ( 19 ) of this title, and sections 1638 ( f ) and 1640 ( k ) of this title, and any regulations promulgated thereunder, an extension of credit relating to a plan described in section 101 ( 53D ) of title 11.\n\n( 6 ) Secretary.\n\nThe term Secretary, when used in connection with any transaction or person involved with a residential mortgage loan, means the Secretary of Housing and Urban Development.\n\n( 7 ) Servicer.\n\nThe term servicer has the same meaning as in section 2605 ( i ) ( 2 ) of title 12.\n\n( ee ) Bona Fide Discount Points and Prepayment Penalties.For the purposes of determining the amount of points and fees for purposes of subsection ( aa ), either the amounts described in paragraph ( 1 ) or ( 2 ) of the following paragraphs, but not both, shall be excluded : ( 1 ) Up to and including 2 bona fide discount points payable by the consumer in connection with the mortgage, but only if the interest rate from which the mortgages interest rate will be discounted does not exceed by more than 1 percentage point ( A ) the average prime offer rate, as defined in section 1639c of this title ; or ( B ) if secured by a personal property loan, the average rate on a loan in connection with which insurance is provided under title I of the National Housing Act ( 12 U.S.C. 1702 et seq. ).\n\n( 2 ) Unless 2 bona fide discount points have been excluded under paragraph ( 1 ), up to and including 1 bona fide discount point payable by the consumer in connection with the mortgage, but only if the interest rate from which the mortgages interest rate will be discounted does not exceed by more than 2 percentage points ( A ) the average prime offer rate, as defined in section 1639c of this title ; or ( B ) if secured by a personal property loan, the average rate on a loan in connection with which insurance is provided under title I of the National Housing Act ( 12 U.S.C. 1702 et seq. ).\n\n( 3 ) For purposes of paragraph ( 1 ), the term bona fide discount points means loan discount points which are knowingly paid by the consumer for the purpose of reducing, and which in fact result in a bona fide reduction of, the interest rate or time-price differential applicable to the mortgage.\n\n( 4 ) Paragraphs ( 1 ) and ( 2 ) shall not apply to discount points used to purchase an interest rate reduction unless the amount of the interest rate reduction purchased is reasonably consistent with established industry norms and practices for secondary mortgage market transactions. \n( Pub. XXXX XXXX, title XXXX, XXXX, XX/XX/XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, XXXX ( a ), XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title VI, XXXX, XXXX ( a ), ( b ), XXXX, XXXX ( a ) ( XXXX ), ( b ), XXXX. XXXX, XXXX, XXXX XXXX. XXXX, XXXX, XXXX, XXXX ; Pub. XXXX XXXX, title XXXX, XXXX, XX/XX/XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title XXXX, XXXX ( a ), XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title XXXX, XXXX ( a ) ( c ), XXXX ( a ), XXXX XXXX, XXXX, XXXX XXXX. XXXX, XXXX, XXXX ; Pub. XXXX XXXX, title X, XXXX ( b ), XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title XXXX, XXXX, XX/XX/XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title X, XXXX ( XXXX ), ( XXXX ), title XXXX, XXXX, XXXX, XX/XX/XXXX, XXXX Stat. XXXX, XXXX, XXXX ; Pub. XXXX XXXX, title XXXX, XXXX, XX/XX/XXXX, XXXX XXXX. XXXX. ) XXXX XXXX XXXX XXXX about... Articles from XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX How current is this? \n\n\nSPONSORED LISTINGS XXXX XXXX XXXX XXXX XXXX ( XXXX ) XXXX XXXX, HI Personal Injury, Products Liability, XXXX XXXX, Insurance Claims, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) XXXX XXXX, XXXX XXXX XXXX, Divorce, Domestic XXXX, Family Law, Personal Injury, Products Liability, Real Estate Law Website Email Profile XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) XXXX XXXX, XXXX XXXX XXXX XXXX, Business Law, Consumer Law, Employment Law, Environmental Law, Legal Malpractice, Medical Malpractice, Personal Injury, Products Liability, Real Estate Law Website Email Profile XXXX XXXX XXXX XXXX XXXX ( XXXX ) XXXX XXXX, HI Business Law, XXXX & XXXX XXXX, Real Estate Law Website Email Profile XXXX XXXX XXXX XXXX XXXX ( XXXX ) XXXX XXXX, XXXX XXXX XXXX XXXX, Business Law, Real Estate Law Website Email Profile XXXX XXXX XXXX XXXX XXXX ( XXXX ) XXXX XXXX, HI Personal Injury, Medical Malpractice, XXXX & XXXX XXXX Website Email Profile Accessibility About XXXX Contact us Advertise here Help Terms of u","date_sent_to_company":"2024-06-14T18:36:16.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"96816","tags":"Servicemember","has_narrative":true,"complaint_id":"9263218","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-06-14T17:48:42.000Z","state":"HI","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":["Notwithstanding the preceding sentence, in the case of an open-end <em>credit</em> plan involving a <em>credit</em> <em>card</em>, the <em>card</em> issuer and any person who honors the <em>credit</em> <em>card</em> and <em>offers</em> a discount which is a finance charge are creditors."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"],"sub_issue":["<em>Credit</em> inquiries on your report that you don't recognize"]},"sort":[9.004707,"9263218"]},{"_index":"complaint-public-v1","_id":"9263039","_score":8.993889,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"15 U.S. Code 1602 - Definitions and rules of construction U.S. Code Notes prev | next ( a ) The definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter.\n\n( b ) Bureau.\n\nThe term Bureau means the Bureau of Consumer Financial Protection.\n\n( c ) The term Board refers to the Board of Governors of the Federal Reserve System.\n\n( d ) The term organization means a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association. \n( e ) The term person means a natural person or an organization.\n\n( f ) The term credit means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment.\n\n( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter.\n\n( h ) The term credit sale refers to any sale in which the seller is a creditor. The term includes any contract in the form of a bailment or lease if the bailee or lessee contracts to pay as compensation for use a sum substantially equivalent to or in excess of the aggregate value of the property and services involved and it is agreed that the bailee or lessee will become, or for no other or a nominal consideration has the option to become, the owner of the property upon full compliance with his obligations under the contract.\n\n( i ) The adjective consumer, used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes.\n\n( j ) The terms open end credit plan and open end consumer credit plan mean a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan or open end consumer credit plan which is an open end credit plan or open end consumer credit plan within the meaning of the preceding sentence is an open end credit plan or open end consumer credit plan even if credit information is verified from time to time.\n\n( k ) The term adequate notice, as used in section 1643 of this title, means a printed notice to a cardholder which sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. Such notice may be given to a cardholder by printing the notice on any credit card, or on each periodic statement of account, issued to the cardholder, or by any other means reasonably assuring the receipt thereof by the cardholder.\n\n( l ) The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit.\n\n( m ) The term accepted credit card means any credit card which the cardholder has requested and received or has signed or has used, or authorized another to use, for the purpose of obtaining money, property, labor, or services on credit.\n\n( n ) The term cardholder means any person to whom a credit card is issued or any person who has agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person.\n\n( o ) The term card issuer means any person who issues a credit card, or the agent of such person with respect to such card.\n\n( p ) The term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit.\n\n( q ) The term discount as used in section 1666f of this title means a reduction made from the regular price. The term discount as used in section 1666f of this title shall not mean a surcharge.\n\n( r ) The term surcharge as used in this section and section 1666f of this title means any means of increasing the regular price to a cardholder which is not imposed upon customers paying by cash, check, or similar means. \n( s ) The term State refers to any State, the XXXXXXXX XXXX XXXXXXXX XXXX, the District of Columbia, and any territory or possession of the United States. \n( t ) The term agricultural purposes includes the production, harvest, exhibition, marketing, transportation, processing, or manufacture of agricultural products by a natural person who cultivates, plants, propagates, or nurtures those agricultural products, including but not limited to the acquisition of farmland, real property with a farm residence, and personal property and services used primarily in farming. \n( u ) The term agricultural products includes agricultural, horticultural, viticultural, and dairy products, livestock, wildlife, poultry, bees, forest products, fish and shellfish, and any products thereof, including processed and manufactured products, and any and all products raised or produced on farms and any processed or manufactured products thereof. \n( v ) The term material disclosures means the disclosure, as required by this subchapter, of the annual percentage rate, the method of determining the finance charge and the balance upon which a finance charge will be imposed, the amount of the finance charge, the amount to be financed, the total of payments, the number and amount of payments, the due dates or periods of payments scheduled to repay the indebtedness, and the disclosures required by section 1639 ( a ) of this title.\n\n( w ) The term dwelling means a residential structure or mobile home which contains one to four family housing units, or individual units of condominiums or cooperatives.\n\n( x ) The term residential mortgage transaction means a transaction in which a mortgage, deed of trust, purchase money security interest arising under an installment sales contract, or equivalent consensual security interest is created or retained against the consumers dwelling to finance the acquisition or initial construction of such dwelling.\n\n( y ) As used in this section and section 1666f of this title, the term regular price means the tag or posted price charged for the property or service if a single price is tagged or posted, or the price charged for the property or service when payment is made by use of an open-end credit plan or a credit card if either ( 1 ) no price is tagged or posted, or ( 2 ) two prices are tagged or posted, one of which is charged when payment is made by use of an open-end credit plan or a credit card and the other when payment is made by use of cash, check, or similar means. For purposes of this definition, payment by check, draft, or other negotiable instrument which may result in the debiting of an open-end credit plan or a credit cardholders open-end account shall not be considered payment made by use of the plan or the account.\n\n( z ) Any reference to any requirement imposed under this subchapter or any provision thereof includes reference to the regulations of the Bureau under this subchapter or the provision thereof in question. \n( aa ) The disclosure of an amount or percentage which is greater than the amount or percentage required to be disclosed under this subchapter does not in itself constitute a violation of this subchapter. \n( bb ) High-cost Mortgage. \n( 1 ) Definition.\n\n( A ) In general.The term high-cost mortgage, and a mortgage referred to in this subsection, means a consumer credit transaction that is secured by the consumers principal dwelling, other than a reverse mortgage transaction, if ( i ) in the case of a credit transaction secured ( I ) by a first mortgage on the consumers principal dwelling, the annual percentage rate at consummation of the transaction will exceed by more than 6.5 percentage points ( 8.5 percentage points, if the dwelling is personal property and the transaction is for less than {$50000.00} ) the average prime offer rate, as defined in section 1639c ( b ) ( 2 ) ( B ) of this title, for a comparable transaction ; or ( II ) by a subordinate or junior mortgage on the consumers principal dwelling, the annual percentage rate at consummation of the transaction will exceed by more than 8.5 percentage points the average prime offer rate, as defined in section 1639c ( b ) ( 2 ) ( B ) of this title, for a comparable transaction ; ( ii ) the total points and fees payable in connection with the transaction, other than bona fide third party charges not retained by the mortgage originator, creditor, or an affiliate of the creditor or mortgage originator, exceed ( I ) in the case of a transaction for {$20000.00} or more, 5 percent of the total transaction amount ; or ( II ) in the case of a transaction for less than {$20000.00}, the lesser of 8 percent of the total transaction amount or {$1000.00} ( or such other dollar amount as the Board shall prescribe by regulation ) ; or ( iii ) the credit transaction documents permit the creditor to charge or collect prepayment fees or penalties more than 36 months after the transaction closing or such fees or penalties exceed, in the aggregate, more than 2 percent of the amount prepaid.\n\n( B ) Introductory rates taken into account.For purposes of subparagraph ( A ) ( i ), the annual percentage rate of interest shall be determined based on the following interest rate : ( i ) In the case of a fixed-rate transaction in which the annual percentage rate will not vary during the term of the loan, the interest rate in effect on the date of consummation of the transaction.\n\n( ii ) In the case of a transaction in which the rate of interest varies solely in accordance with an index, the interest rate determined by adding the index rate in effect on the date of consummation of the transaction to the maximum margin permitted at any time during the loan agreement.\n\n( iii ) In the case of any other transaction in which the rate may vary at any time during the term of the loan for any reason, the interest charged on the transaction at the maximum rate that may be charged during the term of the loan.\n\n( C ) Mortgage insurance.For the purposes of computing the total points and fees under paragraph ( 4 ), the total points and fees shall exclude ( i ) any premium provided by an agency of the Federal Government or an agency of a State ; ( ii ) any amount that is not in excess of the amount payable under policies in effect at the time of origination under section 203 ( c ) ( 2 ) ( A ) of the National Housing Act ( 12 U.S.C. 1709 ( c ) ( 2 ) ( A ) ), provided that the premium, charge, or fee is required to be refundable on a pro-rated basis and the refund is automatically issued upon notification of the satisfaction of the underlying mortgage loan ; and ( iii ) any premium paid by the consumer after closing.\n\n( 2 ) ( A ) After the 2-year period beginning on the effective date of the regulations promulgated under section 155 of the XXXX XXXX XXXX and XXXX Improvement Act of XXXX, and no more frequently than biennially after the first increase or decrease under this subparagraph, the Bureau may by regulation increase or decrease the number of percentage points specified in paragraph ( 1 ) ( A ), if the Bureau determines that the increase or decrease is ( i ) consistent with the consumer protections against abusive lending provided by the amendments made by subtitle B of title I of the XXXX XXXX XXXX and XXXX Improvement Act of XXXX ; and ( ii ) warranted by the need for credit. \n( B ) An increase or decrease under subparagraph ( A ) ( i ) may not result in the number of percentage points referred to in paragraph ( 1 ) ( A ) ( i ) ( I ) being less than 6 percentage points or greater than 10 percentage points ; and ( ii ) may not result in the number of percentage points referred to in paragraph ( 1 ) ( A ) ( i ) ( II ) being less than 8 percentage points or greater than 12 percentage points.\n\n( C ) In determining whether to increase or decrease the number of percentage points referred to in subparagraph ( A ), the Bureau shall consult with representatives of consumers, including low-income consumers, and lenders. \n( 3 ) The amount specified in paragraph ( 1 ) ( B ) ( ii ) shall be adjusted annually on XX/XX/XXXX by the annual percentage change in the Consumer Price Index, as reported on XX/XX/XXXX of the year preceding such adjustment. \n( XXXX ) For purposes of paragraph ( XXXX ) ( B ), points and fees shall include ( A ) all items included in the finance charge, except interest or the time-price differential ; ( B ) all compensation paid directly or indirectly by a consumer or creditor to a mortgage originator from any source, including a mortgage originator that is also the creditor in a table-funded transaction ; ( C ) each of the charges listed in section 1605 ( e ) of this title ( except an escrow for future payment of taxes ), unless ( i ) the charge is reasonable ; ( ii ) the creditor receives no direct or indirect compensation ; and ( iii ) the charge is paid to a third party unaffiliated with the creditor ; and ( D ) premiums or other charges payable at or before closing for any credit life, credit disability, credit unemployment, or credit property insurance, or any other accident, loss-of-income, life or health insurance, or any payments directly or indirectly for any debt cancellation or suspension agreement or contract, except that insurance premiums or debt cancellation or suspension fees calculated and paid in full on a monthly basis shall not be considered financed by the creditor ; ( E ) the maximum prepayment fees and penalties which may be charged or collected under the terms of the credit transaction ; ( F ) all prepayment fees or penalties that are incurred by the consumer if the loan refinances a previous loan made or currently held by the same creditor or an affiliate of the creditor ; and ( G ) such other charges as the Bureau determines to be appropriate.\n\n( 5 ) Calculation of points and fees for open-end consumer credit plans.\n\nIn the case of open-end consumer credit plans, points and fees shall be calculated, for purposes of this section and section 1639 of this title, by adding the total points and fees known at or before closing, including the maximum prepayment penalties which may be charged or collected under the terms of the credit transaction, plus the minimum additional fees the consumer would be required to pay to draw down an amount equal to the total credit line.\n\n( 6 ) This subsection shall not be construed to limit the rate of interest or the finance charge that a person may charge a consumer for any extension of credit.\n\n( cc ) The term reverse mortgage transaction means a nonrecourse transaction in which a mortgage, deed of trust, or equivalent consensual security interest is created against the consumers principal dwelling ( 1 ) securing one or more advances ; and ( 2 ) with respect to which the payment of any principal, interest, and shared appreciation or equity is due and payable ( other than in the case of default ) only after ( A ) the transfer of the dwelling ; ( B ) the consumer ceases to occupy the dwelling as a principal dwelling ; or ( C ) the death of the consumer.\n\n( dd ) Definitions Relating to Mortgage Origination and Residential Mortgage Loans.\n\n( 1 ) Commission.\n\nUnless otherwise specified, the term Commission means the Federal Trade Commission.\n\n( 2 ) Mortgage originator.The term mortgage originator ( A ) means any person who, for direct or indirect compensation or gain, or in the expectation of direct or indirect compensation or gain ( i ) takes a residential mortgage loan application; ( ii ) assists a consumer in obtaining or applying to obtain a residential mortgage loan ; or ( iii ) offers or negotiates terms of a residential mortgage loan ; ( B ) includes any person who represents to the public, through advertising or other means of communicating or providing information ( including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items ), that such person can or will provide any of the services or perform any of the activities described in subparagraph ( A ) ; ( C ) does not include any person who is ( i ) not otherwise described in subparagraph ( A ) or ( B ) and who performs purely administrative or clerical tasks on behalf of a person who is described in any such subparagraph ; or ( ii ) a retailer of manufactured or modular homes or an employee of the retailer if the retailer or employee, as applicable ( I ) does not receive compensation or gain for engaging in activities described in subparagraph ( A ) that is in excess of any compensation or gain received in a comparable cash transaction ; ( II ) discloses to the consumer ( aa ) in writing any corporate affiliation with any creditor ; and ( bb ) if the retailer has a corporate affiliation with any creditor, at least 1 unaffiliated creditor ; and ( III ) does not directly negotiate with the consumer or lender on loan terms ( including rates, fees, and other costs ).\n\n( D ) does not include a person or entity that only performs real estate brokerage activities and is licensed or registered in accordance with applicable State law, unless such person or entity is compensated by a lender, a mortgage broker, or other mortgage originator or by any agent of such lender, mortgage broker, or other mortgage originator ; ( E ) does not include, with respect to a residential mortgage loan, a person, estate, or trust that provides mortgage financing for the sale of 3 properties in any 12-month period to purchasers of such properties, each of which is owned by such person, estate, or trust and serves as security for the loan, provided that such loan ( i ) is not made by a person, estate, or trust that has constructed, or acted as a contractor for the construction of, a residence on the property in the ordinary course of business of such person, estate, or trust ; ( ii ) is fully amortizing ; ( iii ) is with respect to a sale for which the seller determines in good faith and documents that the buyer has a reasonable ability to repay the loan ; ( iv ) has a fixed rate or an adjustable rate that is adjustable after 5 or more years, subject to reasonable annual and lifetime limitations on interest rate increases ; and ( v ) meets any other criteria the Board may prescribe ; ( F ) does not include the creditor ( except the creditor in a table-funded transaction ) under paragraph ( 1 ), ( 2 ), or ( 4 ) of section 1639b ( c ) of this title ; and ( G ) does not include a servicer or servicer employees, agents and contractors, including but not limited to those who offer or negotiate terms of a residential mortgage loan for purposes of renegotiating, modifying, replacing and subordinating principal of existing mortgages where borrowers are behind in their payments, in default or have a reasonable likelihood of being in default or falling behind.\n\n( 3 ) Nationwide mortgage licensing system and registry.\n\nThe term Nationwide Mortgage Licensing System and Registry has the same meaning as in the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 [ 12 U.S.C. 5101 et seq. ].\n\n( 4 ) Other definitions relating to mortgage originator.\n\nFor purposes of this subsection, a person assists a consumer in obtaining or applying to obtain a residential mortgage loan by, among other things, advising on residential mortgage loan terms ( including rates, fees, and other costs ), preparing residential mortgage loan packages, or collecting information on behalf of the consumer with regard to a residential mortgage loan.\n\n( 5 ) Residential mortgage loan.\n\nThe term residential mortgage loan means any consumer credit transaction that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or on residential real property that includes a dwelling, other than a consumer credit transaction under an open end credit plan or, for purposes of sections 1639b and 1639c of this title and section 1638 ( a ) ( 16 ), ( 17 ), ( 18 ), and ( 19 ) of this title, and sections 1638 ( f ) and 1640 ( k ) of this title, and any regulations promulgated thereunder, an extension of credit relating to a plan described in section 101 ( 53D ) of title 11.\n\n( 6 ) Secretary.\n\nThe term Secretary, when used in connection with any transaction or person involved with a residential mortgage loan, means the Secretary of Housing and Urban Development.\n\n( 7 ) Servicer.\n\nThe term servicer has the same meaning as in section 2605 ( i ) ( 2 ) of title 12.\n\n( ee ) Bona Fide Discount Points and Prepayment Penalties.For the purposes of determining the amount of points and fees for purposes of subsection ( aa ), either the amounts described in paragraph ( 1 ) or ( 2 ) of the following paragraphs, but not both, shall be excluded : ( 1 ) Up to and including 2 bona fide discount points payable by the consumer in connection with the mortgage, but only if the interest rate from which the mortgages interest rate will be discounted does not exceed by more than 1 percentage point ( A ) the average prime offer rate, as defined in section 1639c of this title ; or ( B ) if secured by a personal property loan, the average rate on a loan in connection with which insurance is provided under title I of the National Housing Act ( 12 U.S.C. 1702 et seq. ).\n\n( 2 ) Unless 2 bona fide discount points have been excluded under paragraph ( 1 ), up to and including 1 bona fide discount point payable by the consumer in connection with the mortgage, but only if the interest rate from which the mortgages interest rate will be discounted does not exceed by more than 2 percentage points ( A ) the average prime offer rate, as defined in section 1639c of this title ; or ( B ) if secured by a personal property loan, the average rate on a loan in connection with which insurance is provided under title I of the National Housing Act ( 12 U.S.C. 1702 et seq. ).\n\n( 3 ) For purposes of paragraph ( 1 ), the term bona fide discount points means loan discount points which are knowingly paid by the consumer for the purpose of reducing, and which in fact result in a bona fide reduction of, the interest rate or time-price differential applicable to the mortgage.\n\n( 4 ) Paragraphs ( 1 ) and ( 2 ) shall not apply to discount points used to purchase an interest rate reduction unless the amount of the interest rate reduction purchased is reasonably consistent with established industry norms and practices for secondary mortgage market transactions.\n\n( Pub. L. 90321, title I, 103, May 29, 1968, 82 Stat. 147 ; Pub. L. 91508, title V, 501, Oct. 26, 1970, 84 Stat. 1126 ; Pub. L. 93495, title III, 303, Oct. 28, 1974, 88 Stat. 1511 ; Pub. L. 94222, 3 ( a ), Feb. 27, 1976, 90 Stat. 197 ; Pub. L. 96221, title VI, 602, 603 ( a ), ( b ), 604, 612 ( a ) ( 2 ), ( b ), Mar. 31, 1980, 94 Stat. 168, 169, 175, 176 ; Pub. L. 9725, title I, 102, July 27, 1981, 95 Stat. 144 ; Pub. L. 97320, title VII, 702 ( a ), Oct. 15, 1982, 96 Stat. 1538 ; Pub. L. 103325, title I, 152 ( a ) ( c ), 154 ( a ), Sept. 23, 1994, 108 Stat. 2190, 2191, 2196 ; Pub. L. 110315, title X, 1011 ( b ), Aug. 14, 2008, 122 Stat. 3481 ; Pub. L. 11124, title I, 108, May 22, 2009, 123 Stat. 1743 ; Pub. L. 111203, title X, 1100A ( 1 ), ( 2 ), title XIV, 1401, 1431, July 21, 2010, 124 Stat. 2107, 2137, 2157 ; Pub. L. 115174, title I, 107, May 24, 2018, 132 Stat. 1304. ) XXXX XXXX XXXX XXXX about... Articles from XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX How current is this? \n\n\nSPONSORED LISTINGS XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX","date_sent_to_company":"2024-06-14T18:36:27.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"96816","tags":"Servicemember","has_narrative":true,"complaint_id":"9263039","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-06-14T18:36:24.000Z","state":"HI","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":["Notwithstanding the preceding sentence, in the case of an open-end <em>credit</em> plan involving a <em>credit</em> <em>card</em>, the <em>card</em> issuer and any person who honors the <em>credit</em> <em>card</em> and <em>offers</em> a discount which is a finance charge are creditors."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"],"sub_issue":["<em>Credit</em> inquiries on your report that you don't recognize"]},"sort":[8.993889,"9263039"]},{"_index":"complaint-public-v1","_id":"17925764","_score":8.196127,"_source":{"product":"Payday loan, title loan, personal loan, or advance loan","complaint_what_happened":"Loan ID : XXXX Dear Affirm Dispute Department, I am formally resubmitting my dispute and filing this as a brand-new CFPB complaint because my previous CFPB complaint was closed with the explanation that Affirm was still in the midst of reviewing my dispute. I waited, as instructed, for Affirms final decision. Affirm has now completed its review and denied my dispute in favor of the merchant.I am formally resubmitting my dispute against XXXX XXXXXXXX XXXX, and I am forwarding all relevant documentation and evidence for review. My previous dispute was denied in favor of the merchant on the grounds that they complied with the return policy stated on their website. However, I want to make it absolutely clear that my dispute has nothing to do with a return policy or refund request under any warranty conditions. This case involves fraud, deception, and false advertising by the merchant, who knowingly sold me a used and out-of-warranty product as new, misrepresented the manufacturers warranty, and then involved unauthorized third parties in an attempt to conceal their fraudulent actions. In XX/XX/XXXX, I purchased a XXXX XXXX XXXX  ( New ) XXXX XXXX through Affirm from XXXX XXXXXXXX XXXX ( refer to Exhibit 19 ). This XXXX XXXX contains 4 parts : the controller, the mat, the pen and the pillow. The product listing clearly stated that this was a new XXXX model, described as the latest technology with new XXXX, and included a two-year manufacturers warranty. I did not question the transaction because XXXX XXXX explicitly states on their website that XXXX XXXX is the ONLY distributor in the US offering the brand new XXXX XXXX model with several ALL NEW XXXX, and that Also, beware of 3rd-party sellers on XXXX, XXXX, and other marketplaces claiming to sell new XXXX devices . Only XXXX XXXX has access to the latest XXXX XXXX devices that come directly from the manufacturer in XXXX. ( Exhibit 20 ). This statement gave me confidence that I was purchasing from an exclusive, authorized U.S. distributor. However, these claims have been directly disproven by the actual manufacturer ( XXXX ), as shown in Exhibits 5 and 6, which confirm that XXXX XXXX no longer works with XXXX XXXX and that the XXXX XXXX model they advertise does not exist. At the time of purchase, I had no reason to question the validity of this description. The total amount of the transaction was financed through Affirm. On XX/XX/XXXX, while I was out of town, I received two callsone from my partner, XXXX, and another from the hotel manager of the property I was staying atinforming me that there had been a leak in my hotel room. The manager told me that a medical device had gotten soaked and suggested that I contact the merchant I purchased it from to determine whether it needed to be replaced. Immediately after that call, I contacted XXXX XXXX on XX/XX/XXXX, and explained the situation based on the information I had received from the hotel. XXXX XXXX responded by quoting me the price for purchasing a brand new XXXX mat. I asked if there was any way to test my mat before purchasing an entirely new one. Between XX/XX/XXXX and XX/XX/XXXX, I had several exchanges with XXXX XXXX regarding this issue. When I returned to the hotel and was able to inspect the situation myself, I realized the hotel managers assumption had been incorrect. There was indeed a leak, but the only item that had been sitting on the floor at the time was the carrying bag for the XXXX mat ( not any of the 4 parts of the XXXX system listed above ). The bag had become completely saturated, and the manager mistakenly assumed that the device was inside. In reality, the mat itself had been laid out across furniture, and only the bottom 3 inches of one corner had become slightly damp because it was hanging off the furniture and came into contact with the wet carrying bag. The controller, pen, and pillow were not in the hotel room at the time of the leak and were therefore unaffected. Its also important to note that I had previously expressed concerns about this system not working properly, because I could not feel any sensations or response from the mat when using it ( Exhibit 7 ). This shows that I already had doubts about the mats functionality long before the leak occurred. After the XX/XX/XXXX incident, I reviewed the user manual ( Exhibit 13 ) for the XXXX XXXX XXXX XXXX, which specifically describes cleaning the mat with a damp ragclearly indicating that a small amount of moisture would not harm the product. After reviewing the manual and contacting both XXXX XXXX and the U.S. representative for XXXX, they each confirmed that minor dampnesssuch as that caused by touching a wet surface or by user perspirationis not a concern and would not damage the device ( Exhibit 11 ). However, XXXX XXXX told me that if I was concerned, I could send my mat in for testing. They provided me with a shipping address belonging to XXXX XXXX, who they identified as a XXXX repair expert. Relying on their representation, I shipped my mat to XXXX on XX/XX/XXXX ( Exhibit 3 ). After that, I did not hear back for over two weeks, so I followed up with XXXX XXXX on XX/XX/XXXX, asking for a status update ( Exhibit 3 ). XXXX XXXX replied that same day, confirming that my mat had been received and was currently being checked. After hearing nothing more for several weeks, I followed up again on XX/XX/XXXX, asking for another update ( Exhibit 3 ). On XX/XX/XXXX, I finally received a message from XXXX stating that she noticed the carrying bag was wet and wanted to confirm whether any of the other componentssuch as the mat or controllerhad also gotten wet. I immediately responded, explaining that the bag had been submerged, but that the controller, pen, and pillow were not even in the building, and that the mat was only slightly damp in one corner due to contact with the wet bag. XXXX replied that all of the equipment was defective. I questioned this conclusion, since three of the four components were nowhere near the leak and the mat only had a tiny damp spot on one edge. Despite my explanations, she insisted that the mat was water damaged and not under warranty. XXXX then stated that the manufacturer of the mat had instructed her to send it to XXXX for further testing because of safety concerns, but that she could not do so due to logistical costs. Instead, she offered to sell me a discounted mat and controller or to ship my system back to me ( Exhibit 4 ). Initially, I agreed to purchase a replacement since I was told my mat could not be returned for safety reasons. XXXX quoted {$800.00} for a new mat and controller, and XXXX XXXX employee XXXX sent me payment instructions via email. The payment was to be made through XXXX to XXXX personal account, which immediately raised red flags ( Exhibit 9 ). I called XXXX to confirm this was legitimate and expressed that it was very unusual for a business to request payment through a personal XXXX account rather than through the company or a credit card transaction. XXXX became frustrated that I refused to send the money through XXXX, saying she was already giving me a big discount. At this point, I became extremely suspicious. On XX/XX/XXXX, I called XXXX XXXX XXXX XXXX XXXX ) again and told her I would not be sending any money via XXXX and that I wanted my original system shipped back to me ( Exhibit 9 ). XXXX then changed her story completelyshe now claimed that my mat had already been sent to XXXX for testing and could not be returned. This was an outright lie, since just three days earlier she had stated that she was not sending it to XXXX because of the cost ( refer back to Exhibit 4 ). Realizing that something was very wrong, I began researching contacts for the actual manufacturer. I eventually found a contact for XXXX XXXX XXXX through the official XXXX U.S. website. I reached out via email and phone, and when I spoke with him, he confirmed that both XXXX XXXX and XXXX were acting fraudulently. XXXX XXXX told me directly that they had been scamming customers by falsely claiming to test, repair, or replace XXXX devices, and that they were not authorized by XXXX in any capacity. He said that they would try to steal my XXXX system and tell me it doesnt work. That was exactly what had happened in my case. XXXX XXXX then forwarded my message to XXXX at XXXX / XXXX XXXX in XXXX ( Exhibit 10 ) and informed me that XXXX had been gathering evidence against XXXX and XXXX XXXX for these same deceptive practices. He told me that XXXX would likely not return my device and was attempting to steal it. Following his advice, I filed a police report against XXXX ( Exhibit 1 ). After law enforcement contacted her, XXXX admitted that she never sent my mat to XXXX and agreed to return it. I emailed XXXX XXXX and told them I would provide a prepaid shipping label so the mat could be returned. I also specifically asked XXXX XXXX XXXX XXXX XXXX ) to confirm whether my mat was in XXXX, since she had previously told me that morning that it was. XXXX responded that she did not know and that my question was not relevant to the shipping label ( Exhibit 12 ). It is entirely unacceptable for a merchant to be unableor unwillingto confirm the location of a customers medical device that they themselves instructed me to send for testing. I finally received my XXXX system back on XX/XX/XXXX. I then contacted XXXX XXXX again, provided him with the serial number, and described the product I had received from XXXX XXXX. XXXX XXXX confirmed that my system was an old XXXX modelnot a new XXXX versionand that the serial number was associated with a previous customer. XXXX from XXXX XXXX also confirmed that this serial number was in a shipment sent to XXXX XXXX to sell over 4 years ago. XXXX XXXX explained that since he is the only authorized distributor of XXXX devices in the United States, all legitimate sales of new XXXX systems pass through him and are recorded in his distribution system. My serial number was not associated with a new saleit was associated with a returned unit that had been shipped to a prior customer through XXXX XXXX. XXXX XXXX also told me that he had stopped doing business with XXXX XXXX in early XXXX and had not supplied them with any new XXXX systems after that date. This means that when I purchased what was advertised as a New XXXX model from XXXX XXXX in XX/XX/XXXX, it was impossible for them to have received it from the manufacturer. Therefore, XXXX XXXX knowingly sold me a used, returned, and out-of-warranty product while advertising it as new. Following this, I also communicated with XXXX from XXXX XXXX in XXXX ( Exhibit 6 ). She confirmed that the product I purchased was indeed a XXXX model, was no longer under warranty, and that XXXX XXXX had stopped working with XXXX XXXX entirely. She further confirmed that the product XXXX XXXX was advertising on their websitethe XXXX XXXX XXXX model with new XXXXdoes not even exist and is not a real XXXX product. XXXX also confirmed that XXXX never contacted XXXX XXXX about my device, never sent it for repair, and is not authorized to test or sell XXXX devices ( Exhibit 5 ). In addition to this, there are clear and undeniable physical differences between the device I actually received and the one that XXXX XXXX advertised and represented as the new XXXX model at the time of purchase. The system they sold me was visibly the older, outdated model that was featured on The XXXX XXXX XXXX nearly nine years ago ( see Exhibit 15 ). The controller I received is the boxy, heavy version consistent with that older model ( refer to Exhibit 17 for a photo showing the model of device I received ). The genuine, newer models that XXXX XXXX claims to have been sellingthe XXXX model described on their websitefeature a much thinner, modernized controller design that has been standard for the last several years ( refer to Exhibit 16 ). This clear difference in physical design further proves that XXXX XXXX knowingly sold me an outdated and used model while falsely marketing it as the new XXXX version. Most importantly, I have since received an Official Declaration from XXXX XXXX ( Exhibit XXXX ), signed by XXXX XXXX, shareholder within the XXXX company group and Managing Director of XXXX XXXX XXXX XXXX, the main shareholder and intellectual property holder of XXXX XXXX XXXXXXXX XXXX. In this declaration, XXXX XXXX formally confirms that both XXXX XXXX and XXXX XXXX XXXX are not and have never been authorized dealers, distributors, or resellers for any XXXX or XXXX XXXX, including XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, or XXXX XXXX. She further confirmed that XXXX XXXX only had a temporary purchasing relationship through an independent dealer until the end of XXXX, after which they were no longer supplied with any XXXX or XXXX products. The specific device I purchasedidentified as XXXX XXXX, serial number XXXXwas confirmed to be an original XXXX system produced and sold in XX/XX/XXXX, not a new XXXX or XXXX XXXX model as XXXX XXXX claimed. XXXX XXXX also stated that no such XXXX model has ever been released, and that the only officially updated versions since XXXX are those promoted on QRS.com and QRS-International.com. Finally, XXXX confirmed they have no record of any official service request for my unit from either XXXX XXXX or XXXX XXXX. Based on these findings, XXXX XXXX concluded that my device was resold as a used or pre-owned unit while being falsely marketed as new by XXXX XXXX. Then, on XX/XX/XXXX, I received an email directly from the owner of XXXX XXXX. In that message, he falsely claimed that XXXX was licensed with XXXX, repeated the lie that my device had been sent to XXXX, and threatened to have a lawyer contact me ( Exhibit 14 ). He also continued to insist that my device was water damaged and not under warranty, despite the overwhelming written evidence disproving both claims. It is important to note that Affirm had previously shared my dispute evidence with the owner of XXXX XXXX during my earlier dispute process. As shown in Exhibit 14, the owner directly referenced that information in his email to me and used it to threaten legal action. I responded to him ( Exhibit 8 ) clearly demonstrating that his statements were false and unsupported by any legitimate documentation. At this point, it is clear that XXXX XXXXXXXX XXXX  has engaged in a pattern of fraudulent behavior. They advertised and sold a used and out-of-warranty XXXX XXXX mat as a brand-new XXXX model. They misrepresented warranty coverage, directed me to an unauthorized third party ( XXXX XXXX ), lied about testing and shipping procedures, and then attempted to solicit personal payments through XXXX outside of legitimate business channels. When confronted with evidence, the owner resorted to threats and further deception. This situation aligns squarely with Affirms published Dispute Resolution Policy under the category of Product unacceptable the customer claims that a product they received is incorrect, damaged, or doesnt meet the listed product description. In my case, the product I purchased was explicitly advertised as a new XXXX model with a two-year manufacturers warranty and sold through what I believed was an authorized U.S. distributor . Instead, I was shipped a used XXXX device, out of warranty from the outset, with a serial number confirmed by the manufacturer to have been previously sold. The manufacturer also confirmed the seller was not an authorized distributor. These facts directly demonstrate that the product did not match its advertised description, as supported by the documentation and exhibits I have provided ( Exhibits 5, 6, 14, 18 ). According to Affirms policy, this qualifies under legitimate dispute grounds, and I respectfully request that my case be reviewed and resolved accordingly. For these reasons, this is not a return policy or warranty issueit is a case of fraud, false advertising, and consumer deception. All exhibits referenced above have been attached, including manufacturer verification, written correspondence, law enforcement documentation, and communications with XXXX XXXX. I respectfully request that Affirm makes the decision against the merchant, siding with me as the customer. Affirm should not associate themselves with companies like XXXX XXXX.Additionally, I have now filed a separate complaint with the Federal Trade Commission against XXXX XXXXXXXX XXXX  and its owner XXXX XXXX for systemic false advertising, fraud, and deceptive trade practices.","date_sent_to_company":"2025-11-25T17:24:26.000Z","issue":"Problem with additional add-on products or services","sub_product":"Installment loan","zip_code":"53703","tags":null,"has_narrative":true,"complaint_id":"17925764","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Affirm Holdings, Inc","date_received":"2025-11-25T17:11:28.000Z","state":"WI","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["I called XXXX to confirm this was legitimate and expressed that it was very unusual for a business to request payment through a personal XXXX account rather than through the company or a <em>credit</em> <em>card</em> transaction. XXXX became frustrated that I refused to send the money through XXXX, saying she was already giving me a big discount. At this point, I became extremely suspicious."]},"sort":[8.196127,"17925764"]},{"_index":"complaint-public-v1","_id":"17189189","_score":7.559259,"_source":{"product":"Payday loan, title loan, personal loan, or advance loan","complaint_what_happened":"Loan ID : XXXX Dear Affirm Dispute Department, I am formally resubmitting my dispute against XXXX XXXX XXXX  XXXX and I am forwarding all relevant documentation and evidence for review. My previous dispute was denied in favor of the merchant on the grounds that they complied with the return policy stated on their website. However, I want to make it absolutely clear that my dispute has nothing to do with a return policy or refund request under any warranty conditions. This case involves fraud, deception, and false advertising by the merchant, who knowingly sold me a used and out-of-warranty product as new, misrepresented the manufacturers warranty, and then involved unauthorized third parties in an attempt to conceal their fraudulent actions. \n\nIn XX/XX/XXXX, I purchased a XXXX XXXX XXXX ( New ) Home System through Affirm from XXXX XXXXXXXX XXXX ( refer to XXXX XXXXXXXX ). This XXXXXXXX XXXX contains 4 parts : the controller, the mat, the pen and the pillow. The product listing clearly stated that this was a new XXXX  model, described as the latest technology with new waveforms, and included a two-year manufacturers warranty. I did not question the transaction because XXXX XXXX explicitly states on their website that XXXX XXXX is the ONLY distributor in the US offering the brand new XXXX XXXX model with several ALL NEW waveforms, and that Also, beware of 3rd-party sellers on XXXX, XXXX, and other marketplaces claiming to sell new XXXXXXXX XXXX XXXX Only XXXX XXXX has access to the latest XXXX XXXX devices that come directly from the manufacturer in XXXX. ( XXXX XXXXXXXX ). This statement gave me confidence that I was purchasing from an exclusive, authorized U.S. distributor. However, these claims have been directly disproven by the actual manufacturer ( XXXX ), as shown in XXXX  XXXX and XXXX, which confirm that XXXX XXXX no longer works with XXXX XXXX and that the XXXX XXXX  model they advertise does not exist. \nAt the time of purchase, I had no reason to question the validity of this description. The total amount of the transaction was financed through Affirm. \n\nOn XX/XX/XXXX, while I was out of town, I received two callsone from my partner, XXXX, and another from the hotel manager of the property I was staying atinforming me that there had been a leak in my hotel room. The manager told me that a medical device had gotten soaked and suggested that I contact the merchant I purchased it from to determine whether it needed to be replaced. Immediately after that call, I contacted XXXX XXXX on XX/XX/XXXX, and explained the situation based on the information I had received from the hotel. XXXX XXXX responded by quoting me the price for purchasing a brand new XXXX mat. I asked if there was any way to test my mat before purchasing an entirely new one. Between XX/XX/XXXX and XX/XX/XXXX, I had several exchanges with XXXX XXXX regarding this issue. \n\nWhen I returned to the hotel and was able to inspect the situation myself, I realized the hotel managers assumption had been incorrect. There was indeed a leak, but the only item that had been sitting on the floor at the time was the carrying bag for the XXXX mat ( not any of the 4 parts of the XXXX system listed above ). The bag had become completely saturated, and the manager mistakenly assumed that the device was inside. In reality, the mat itself had been laid out across furniture, and only the bottom 3 inches of one corner had become slightly damp because it was hanging off the furniture and came into contact with the wet carrying bag. The controller, pen, and pillow were not in the hotel room at the time of the leak and were therefore unaffected. \nIts also important to note that I had previously expressed concerns about this system not working properly, because I could not feel any sensations or response from the mat when using it ( XXXX  XXXX ). This shows that I already had doubts about the mats functionality long before the leak occurred. \nAfter the XX/XX/XXXXXXXX  incident, I reviewed the user manual ( XXXX  XXXX ) for the XXXXXXXX XXXX XXXX XXXX, which specifically describes cleaning the mat with a damp ragclearly indicating that a small amount of moisture would not harm the product. After reviewing the manual and contacting both XXXX XXXX and the U.S. representative for XXXX, they each confirmed that minor dampnesssuch as that caused by touching a wet surface or by user perspirationis not a concern and would not damage the device ( XXXX  XXXX ). \nHowever, XXXX XXXX told me that if I was concerned, I could send my mat in for testing. \nThey provided me with a shipping address belonging to XXXX XXXX, who they identified as a XXXX repair expert. Relying on their representation, I shipped my mat to XXXX on XX/XX/XXXX ( XXXX  XXXX ). After that, I did not hear back for over two weeks, so I followed up with XXXX XXXX on XX/XX/XXXX, asking for a status update ( XXXX  XXXX ). XXXX XXXX replied that same day, confirming that my mat had been received and was currently being checked. \nAfter hearing nothing more for several weeks, I followed up again on XX/XX/XXXX, asking for another update ( XXXX  XXXX ). On XX/XX/XXXX, I finally received a message from XXXX stating that she noticed the carrying bag was wet and wanted to confirm whether any of the other componentssuch as the mat or controllerhad also gotten wet. I immediately responded, explaining that the bag had been submerged, but that the controller, pen, and pillow were not even in the building, and that the mat was only slightly damp in one corner due to contact with the wet bag. \nXXXX replied that all of the equipment was defective. I questioned this conclusion, since three of the four components were nowhere near the leak and the mat only had a tiny damp spot on one edge. Despite my explanations, she insisted that the mat was water damaged and not under warranty. XXXX then stated that the manufacturer of the mat had instructed her to send it to XXXX for further testing because of safety concerns, but that she could not do so due to logistical costs. Instead, she offered to sell me a discounted mat and controller or to ship my system back to me ( XXXX  XXXX ). \nInitially, I agreed to purchase a replacement since I was told my mat could not be returned for safety reasons. XXXX quoted {$800.00} for a new mat and controller, and XXXX XXXX XXXX XXXX sent me payment instructions via email. The payment was to be made through XXXX to XXXX personal account, which immediately raised red flags ( XXXX  XXXX ). I called XXXX to confirm this was legitimate and expressed that it was very unusual for a business to request payment through a personal XXXX account rather than through the company or a credit card transaction. XXXX became frustrated that I refused to send the money through XXXX, saying she was already giving me a big discount. \nAt this point, I became extremely suspicious. On XX/XX/XXXX, I called XXXX XXXX XXXX XXXX XXXX ) again and told her I would not be sending any money via XXXX and that I wanted my original system shipped back to me ( XXXX  XXXX ). XXXX then changed her story completelyshe now claimed that my mat had already been sent to XXXX for testing and could not be returned. This was an outright lie, since just three days earlier she had stated that she was not sending it to XXXX because of the cost ( refer back to XXXX  XXXX ). \nRealizing that something was very wrong, I began researching contacts for the actual manufacturer. I eventually found a contact for XXXX XXXX XXXX through the official XXXX XXXX. \nwebsite. I reached out via email and phone, and when I spoke with him, he confirmed that both XXXX XXXX and XXXX were acting fraudulently. XXXX XXXX told me directly that they had been scamming customers by falsely claiming to test, repair, or replace XXXX devices, and that they were not authorized by XXXX in any capacity. He said that they would try to steal my XXXX system and tell me it doesnt work. That was exactly what had happened in my case. \nXXXX XXXX then forwarded my message to XXXX XXXX XXXXXXXX / XXXX XXXX in XXXX ( XXXX  XXXX ) and informed me that XXXX had been gathering evidence against XXXX and XXXX XXXX for these same deceptive practices. He told me that XXXX would likely not return my device and was attempting to steal it. Following his advice, I filed a police report against XXXX ( XXXX  XXXX ). After law enforcement contacted her, XXXX admitted that she never sent my mat to XXXX and agreed to return it. \nI emailed XXXX XXXX and told them I would provide a prepaid shipping label so the mat could be returned. I also specifically asked XXXX XXXX XXXX XXXX XXXX ) to confirm whether my mat was in XXXX, since she had previously told me that morning that it was. \nXXXX responded that she did not know and that my question was not relevant to the shipping label ( XXXX  XXXX ). It is entirely unacceptable for a merchant to be unableor unwillingto confirm the location of a customers medical device that they themselves instructed me to send for testing. \nI finally received my XXXX system back on XX/XX/XXXX. I then contacted XXXX XXXX again, provided him with the serial number, and described the product I had received from XXXX XXXX. XXXX XXXX confirmed that my system was an old XXXX modelnot a new XXXX versionand that the serial number was associated with a previous customer. XXXX from XXXX XXXX also confirmed that this serial number was in a shipment sent to XXXX XXXX to sell over 4 years ago. XXXX XXXX explained that since he is the only authorized distributor of XXXX devices in the United States, all legitimate sales of new XXXX systems pass through him and are recorded in his distribution system. My serial number was not associated with a new saleit was associated with a returned unit that had been shipped to a prior customer through XXXX XXXX. \n\nXXXX XXXX also told me that he had stopped doing business with XXXX XXXX in early XXXX  and had not supplied them with any new XXXX systems after that date. This means that when I purchased what was advertised as a New XXXX model from XXXX XXXX in XX/XX/XXXX, it was impossible for them to have received it from the manufacturer. Therefore, XXXX XXXX knowingly sold me a used, returned, and out-of-warranty product while advertising it as new. \nFollowing this, I also communicated with XXXX from XXXX XXXX in XXXX ( XXXX  XXXX ). She confirmed that the product I purchased was indeed a XXXX  model, was no longer under warranty, and that XXXX XXXX had stopped working with XXXX XXXX entirely. \nShe further confirmed that the product XXXX XXXX was advertising on their websitethe XXXX XXXX XXXX model with new waveformsdoes not even exist and is not a real XXXX product. XXXX also confirmed that XXXX never contacted XXXX XXXX about my device, never sent it for repair, and is not authorized to test or sell XXXX devices ( XXXX  XXXX ). \nIn addition to this, there are clear and undeniable physical differences between the device I actually received and the one that XXXX XXXX advertised and represented as the new XXXX model at the time of purchase. The system they sold me was visibly the older, outdated model that was featured on XXXX  XXXX XXXX XXXX nearly XXXX years ago ( see XXXX  XXXX ). The controller I received is the boxy, heavy version consistent with that older model ( refer to XXXX  XXXX for a photo showing the model of device I received ). The genuine, newer models that XXXX XXXX claims to have been sellingthe XXXX model described on their websitefeature a much thinner, modernized controller design that has been standard for the last several years ( refer to XXXX  XXXX ). This clear difference in physical design further proves that XXXX XXXX knowingly sold me an outdated and used model while falsely marketing it as the new XXXX version. \nMost importantly, I have since received an Official Declaration from XXXX XXXX ( XXXX  XXXX ), signed by XXXX XXXX, shareholder within the XXXX XXXX XXXX and Managing Director of XXXX XXXX XXXX XXXX, the main shareholder and intellectual property holder of XXXX XXXX XXXX XXXX. In this declaration, XXXX XXXX formally confirms that both XXXX XXXX and XXXX XXXX XXXX are not and have never been authorized dealers, distributors, or resellers for any XXXX or XXXX XXXX, including XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, or XXXX XXXX. She further confirmed that XXXX XXXX only had a temporary purchasing relationship through an independent dealer until the end of XXXX, after which they were no longer supplied with any XXXX or XXXX products. The specific device I purchasedidentified as XXXX XXXX, serial number XXXX confirmed to be an original XXXX system produced and sold in XX/XX/XXXX, not a new XXXX or XXXX XXXX model as XXXX XXXX claimed. \nXXXX XXXX also stated that no such XXXX model has ever been released, and that the only officially updated versions since XXXX are those promoted on XXXX and XXXX XXXX. Finally, XXXX confirmed they have no record of any official service request for my unit from either XXXX XXXX or XXXX XXXX. Based on these findings, XXXX XXXX concluded that my device was resold as a used or pre-owned unit while being falsely marketed as new by XXXX XXXX. \n\nThen, on XX/XX/XXXX, I received an email directly from the owner of XXXX XXXX. \nIn that message, he falsely claimed that XXXX was licensed with XXXX, repeated the lie that my device had been sent to XXXX, and threatened to have a lawyer contact me ( XXXX  XXXX ). \nHe also continued to insist that my device was water damaged and not under warranty, despite the overwhelming written evidence disproving both claims. It is important to note that Affirm had previously shared my dispute evidence with the owner of XXXX XXXX XXXX my earlier dispute process. As shown in XXXX  XXXX, the owner directly referenced that information in his email to me and used it to threaten legal action. I responded to him ( XXXX  XXXX ) clearly demonstrating that his statements were false and unsupported by any legitimate documentation. \nAt this point, it is clear that XXXX XXXX XXXX  has engaged in a pattern of fraudulent behavior. They advertised and sold a used and out-of-warranty XXXX XXXX mat as a brand-new XXXX  model. They misrepresented warranty coverage, directed me to an unauthorized third party ( XXXX XXXX ), lied about testing and shipping procedures, and then attempted to solicit personal payments through XXXX outside of legitimate business channels. When confronted with evidence, the owner resorted to threats and further deception. \nThis situation aligns squarely with Affirms published Dispute Resolution Policy under the category of Product unacceptable the customer claims that a product they received is incorrect, damaged, or doesnt meet the listed product description. In my case, the product I purchased was explicitly advertised as a new XXXX model with a two-year manufacturers warranty and sold through what I believed was an authorized U.S. distributor . Instead, I was shipped a used XXXX  device, out of warranty from the outset, with a serial number confirmed by the manufacturer to have been previously sold. The manufacturer also confirmed the seller was not an authorized distributor. These facts directly demonstrate that the product did not match its advertised description, as supported by the documentation and exhibits I have provided ( XXXXXXXX XXXX XXXX XXXX XXXX  ). According to Affirms policy, this qualifies under legitimate dispute grounds, and I respectfully request that my case be reviewed and resolved accordingly. \nFor these reasons, this is not a return policy or warranty issueit is a case of fraud, false advertising, and consumer deception. All exhibits referenced above have been attached, including manufacturer verification, written correspondence, law enforcement documentation, and communications with XXXX XXXX. I respectfully request that Affirm makes the decision against the merchant, siding with me as the customer. Affirm should not associate themselves with companies like XXXX XXXX.","date_sent_to_company":"2025-11-12T20:30:33.000Z","issue":"Problem with additional add-on products or services","sub_product":"Installment loan","zip_code":"53703","tags":null,"has_narrative":true,"complaint_id":"17189189","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Affirm Holdings, Inc","date_received":"2025-11-12T20:17:40.000Z","state":"WI","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["I called XXXX to confirm this was legitimate and expressed that it was very unusual for a business to request payment through a personal XXXX account rather than through the company or a <em>credit</em> <em>card</em> transaction. XXXX became frustrated that I refused to send the money through XXXX, saying she was already giving me a big discount. \nAt this point, I became extremely suspicious."]},"sort":[7.559259,"17189189"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":8,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":8}]}},"product":{"doc_count":8,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting or other personal consumer reports","doc_count":3,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":2},{"key":"Other personal consumer report","doc_count":1}]}},{"key":"Credit card or prepaid card","doc_count":2,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"General-purpose credit card or charge card","doc_count":1},{"key":"Store credit card","doc_count":1}]}},{"key":"Payday loan, title loan, personal loan, or advance loan","doc_count":2,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Installment loan","doc_count":2}]}},{"key":"Credit card","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"General-purpose credit card or charge card","doc_count":1}]}}]}},"issue":{"doc_count":8,"issue":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Improper use of your report","doc_count":3,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit inquiries on your report that you don't recognize","doc_count":2},{"key":"Reporting company used your report improperly","doc_count":1}]}},{"key":"Problem with a purchase shown on your statement","doc_count":2,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit card company isn't resolving a dispute about a purchase on your statement","doc_count":2}]}},{"key":"Problem with additional add-on products or services","doc_count":2,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[]}},{"key":"Advertising and marketing, including promotional offers","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Didn't receive advertised or promotional terms","doc_count":1}]}}]}},"timely":{"doc_count":8,"timely":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Yes","doc_count":8}]}},"company_response":{"doc_count":8,"company_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Closed with explanation","doc_count":7},{"key":"Closed with monetary relief","doc_count":1}]}},"submitted_via":{"doc_count":8,"submitted_via":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Web","doc_count":8}]}},"company":{"doc_count":8,"company":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Affirm Holdings, Inc","doc_count":2},{"key":"Experian Information Solutions Inc.","doc_count":2},{"key":"Bread Financial Holdings, Inc.","doc_count":1},{"key":"JPMORGAN CHASE & CO.","doc_count":1},{"key":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","doc_count":1},{"key":"UNITED SERVICES AUTOMOBILE ASSOCIATION","doc_count":1}]}},"state":{"doc_count":8,"state":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"HI","doc_count":2},{"key":"WI","doc_count":2},{"key":"CA","doc_count":1},{"key":"FL","doc_count":1},{"key":"NY","doc_count":1},{"key":"TX","doc_count":1}]}},"company_public_response":{"doc_count":8,"company_public_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","doc_count":3},{"key":"Company believes it acted appropriately as authorized by contract or law","doc_count":1}]}},"tags":{"doc_count":8,"tags":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Servicemember","doc_count":2},{"key":"Older American, Servicemember","doc_count":1}]}}},"_meta":{"license":"CC0","last_updated":"2026-07-14T12:00:00-05:00","last_indexed":"2026-07-14T12:00:00-05:00","total_record_count":16441818,"is_data_stale":false,"has_data_issue":false,"break_points":{}}}