{"took":220,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":112,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"5762638","_score":26.41663,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"on XX/XX/2022, I as the consumer notified Capital One Certified Registered Mail of a BILLING ERROR pursuant to title 12 CFR 1026.13 ( a ) ( 4 ) ( 5 ) on account # ending in XXXX, in the amount of {$450.00} as of XX/XX/2022. Capital One never responded or investigated the Billing Error and that's a violation of 12 CFR 1026.13 ( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date. \nALSO, according to the XXXXFPB-Consumer Financial Protection Bureau in regard to a Billing Statement, the amount shown is actually a CREDIT BALANCE that represents a credit in my account that the CARD ISSUER owes I THE CARD HOLDER. ALSO, according to the CFPB I as the CARD HOLDER can call my CARD ISSUER and arrange to have a CHECK sent to me in the amount of the CREDIT BALANCE. I the CARD HOLDER is requesting that the CARD ISSUER CAPITAL ONE send me a check in the amount of the credit balance in accordance with the CFPB.","date_sent_to_company":"2022-07-12T22:25:02.000Z","issue":"Trouble using your card","sub_product":"General-purpose credit card or charge card","zip_code":"20002","tags":null,"has_narrative":true,"complaint_id":"5762638","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2022-07-12T22:13:26.000Z","state":"DC","company_public_response":null,"sub_issue":"Can't use card to make purchases"},"highlight":{"complaint_what_happened":["Until a billing <em>error</em> is <em>resolved</em> under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) <em>Consumer</em> 's right to <em>withhold</em> disputed <em>amount</em> ; collection action prohibited. The <em>consumer</em> need not pay ( and the creditor may not try to collect ) any portion of any required <em>payment</em> that the <em>consumer</em> believes is related to the disputed <em>amount</em> ( including related finance or other charges )."],"product":["Credit <em>card</em> or prepaid <em>card</em>"],"issue":["Trouble using your <em>card</em>"],"sub_product":["General-purpose credit <em>card</em> or charge <em>card</em>"],"sub_issue":["Can't use <em>card</em> to make purchases"]},"sort":[26.41663,"5762638"]},{"_index":"complaint-public-v1","_id":"5762461","_score":26.41535,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"on XX/XX/2022, I as the consumer notified XXXXCHASE CARDMEMBER SERVICES of a BILLING ERROR pursuant to title 12 CFR 1026.13 ( a ) ( 4 ) ( 5 ) on account # XXXX, in the amount of {$540.00}, since then the Billing Statement increase to {$640.00} as of XX/XX/2022. XXXXCHASE CARDMEMBER SERVICES never responded or investigated the Billing Error and that's a violation of 12 CFR 1026.13 ( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date. \nALSO, according to the CFPB-Consumer Financial Protection Bureau in regard to a Billing Statement, the amount shown is actually a CREDIT BALANCE that represents a credit in my account that the CARD ISSUER owes I THE CARD HOLDER. ALSO, according to the CFPB I as the CARD HOLDER can call my CARD ISSUER and arrange to have a CHECK sent to me in the amount of the CREDIT BALANCE. I the CARD HOLDER is requesting that the CARD ISSUER send me a check in the amount of the credit balance in accordance with the CFPB.","date_sent_to_company":"2022-07-12T19:24:55.000Z","issue":"Trouble using your card","sub_product":"General-purpose credit card or charge card","zip_code":"20019","tags":null,"has_narrative":true,"complaint_id":"5762461","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2022-07-12T19:08:33.000Z","state":"DC","company_public_response":null,"sub_issue":"Can't use card to make purchases"},"highlight":{"complaint_what_happened":["Until a billing <em>error</em> is <em>resolved</em> under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) <em>Consumer</em> 's right to <em>withhold</em> disputed <em>amount</em> ; collection action prohibited. The <em>consumer</em> need not pay ( and the creditor may not try to collect ) any portion of any required <em>payment</em> that the <em>consumer</em> believes is related to the disputed <em>amount</em> ( including related finance or other charges )."],"product":["Credit <em>card</em> or prepaid <em>card</em>"],"issue":["Trouble using your <em>card</em>"],"sub_product":["General-purpose credit <em>card</em> or charge <em>card</em>"],"sub_issue":["Can't use <em>card</em> to make purchases"]},"sort":[26.41535,"5762461"]},{"_index":"complaint-public-v1","_id":"9399558","_score":25.985676,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I've submitted disputes regarding XXXX XXXX XXXX reporting 30 day late payment on my credit report and a member of XXXX called to confirm there was a mistake on their end and that the adverse reporting would be fixed, however, upon checking my credit on Transunion credit report I am still seeing only the late payment was not removed, this adverse action was mistakenly taken by XXXX XXXX XXXX. \nIn the month of XX/XX/year> I sent a Billing Error Notice to XXXX XXXX XXXX : Under Regulation Z XXXX Billing error resolution. ( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : Official interpretation of 13 ( d ) Rules Pending Resolution ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date. Hence, the payment was withheld until my issue was resolved, the issue has still not been resolved but I still opted to pay the full balance and yet it was still reported that I was late. When I attempted to re-dispute this information with the bureaus, I am only seeing that XXXX and XXXX has fixed the error on their end but Transunion has not, this is a clear and direct violation of my consumer rights","date_sent_to_company":"2024-07-01T19:07:50.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"30080","tags":null,"has_narrative":true,"complaint_id":"9399558","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-07-01T18:56:28.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["If the cardholder has enrolled in an automatic <em>payment</em> plan offered by the <em>card</em> <em>issuer</em> and has agreed to pay the credit <em>card</em> indebtedness by periodic deductions from the cardholder 's deposit account, the <em>card</em> <em>issuer</em> shall not deduct any part of the disputed <em>amount</em> or related finance or other charges if a billing <em>error</em> notice is received any time up to 3 business days before the scheduled <em>payment</em> date."],"product":["Credit reporting or other personal <em>consumer</em> reports"],"company_public_response":["Company has responded to the <em>consumer</em> and the CFPB and chooses not to provide a public response"]},"sort":[25.985676,"9399558"]},{"_index":"complaint-public-v1","_id":"8153294","_score":25.24091,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I've submitted disputes regarding XXXX XXXX XXXX reporting 30 day past due and late on my credit reports and a member of XXXX called to confirm there was a mistake on their end and that the adverse reporting would be fixed, however, upon checking my credit on XXXX Equifax and XXXX, I am seeing only 1 bureau has updated my payment rating and removed the late payment and that all bureaus have not raised my scores to its respective states before this adverse action was mistakenly taken by XXXX XXXX XXXX. \n\nIn the month of XX/XX/ I sent a Billing Error Notice to XXXX XXXX XXXX : Under Regulation Z 1026.13 Billing error resolution. \n\n( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : Official interpretation of 13 ( d ) Rules Pending Resolution ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date Hence, the payment was withheld until my issue was resolved, the issue has still not been resolved but I opted to pay the full balance and yet it was still reported that I was past due. When I attempted to re-dispute this information with the bureaus, I am only seeing that the dispute was complete but no significant raise to my credit score has been provided and no removal of the past due status in the month of XXXX has been removed. This is a direct violation of my consumer rights.","date_sent_to_company":"2024-01-12T19:51:29.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"303XX","tags":null,"has_narrative":true,"complaint_id":"8153294","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-01-12T19:51:26.000Z","state":"GA","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["If the cardholder has enrolled in an automatic <em>payment</em> plan offered by the <em>card</em> <em>issuer</em> and has agreed to pay the credit <em>card</em> indebtedness by periodic deductions from the cardholder 's deposit account, the <em>card</em> <em>issuer</em> shall not deduct any part of the disputed <em>amount</em> or related finance or other charges if a billing <em>error</em> notice is received any time up to 3 business days before the scheduled <em>payment</em> date Hence, the <em>payment</em> was withheld until my <em>issue</em> was <em>resolved</em>, the <em>issue</em> has still not been <em>resolved</em>"],"product":["Credit reporting or other personal <em>consumer</em> reports"],"sub_issue":["Their investigation did not fix an <em>error</em> on your report"]},"sort":[25.24091,"8153294"]},{"_index":"complaint-public-v1","_id":"8162041","_score":25.238598,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I've submitted disputes regarding XXXX XXXX XXXX reporting 30 day past due and late on my credit reports and a member of XXXX called to confirm there was a mistake on their end and that the adverse reporting would be fixed, however, upon checking my credit on Transunion XXXX and XXXX, I am seeing only 1 bureau has updated my payment rating and removed the late payment and that all bureaus have not raised my scores to its respective states before this adverse action was mistakenly taken by XXXX XXXX XXXX. \n\nIn the month of XX/XX/ I sent a Billing Error Notice to XXXX XXXX XXXX : Under Regulation Z 1026.13 Billing error resolution. \n\n( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : Official interpretation of 13 ( d ) Rules Pending Resolution ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date Hence, the payment was withheld until my issue was resolved, the issue has still not been resolved but I opted to pay the full balance and yet it was still reported that I was past due. When I attempted to re-dispute this information with the bureaus, I am only seeing that the dispute was complete but no significant raise to my credit score has been provided and no removal of the past due status in the month of XXXX has been removed. This is a direct violation of my consumer rights.","date_sent_to_company":"2024-01-12T19:51:29.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"303XX","tags":null,"has_narrative":true,"complaint_id":"8162041","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-01-12T19:51:26.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["If the cardholder has enrolled in an automatic <em>payment</em> plan offered by the <em>card</em> <em>issuer</em> and has agreed to pay the credit <em>card</em> indebtedness by periodic deductions from the cardholder 's deposit account, the <em>card</em> <em>issuer</em> shall not deduct any part of the disputed <em>amount</em> or related finance or other charges if a billing <em>error</em> notice is received any time up to 3 business days before the scheduled <em>payment</em> date Hence, the <em>payment</em> was withheld until my <em>issue</em> was <em>resolved</em>, the <em>issue</em> has still not been <em>resolved</em>"],"product":["Credit reporting or other personal <em>consumer</em> reports"],"company_public_response":["Company has responded to the <em>consumer</em> and the CFPB and chooses not to provide a public response"],"sub_issue":["Their investigation did not fix an <em>error</em> on your report"]},"sort":[25.238598,"8162041"]},{"_index":"complaint-public-v1","_id":"8158400","_score":24.73654,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I've submitted disputes regarding XXXX XXXX XXXX reporting 30 day past due and late on my credit reports and a member of XXXX called to confirm there was a mistake on their end and that the adverse reporting would be fixed, however, upon checking my credit on XXXX XXXX and Experian, I am seeing only 1 bureau has updated my payment rating and removed the late payment and that all bureaus have not raised my scores to its respective states before this adverse action was mistakenly taken by XXXX XXXX XXXX. \n\nIn the month of XX/XX/XXXX  I sent a Billing Error Notice to XXXX XXXX XXXX : Under Regulation Z 1026.13 Billing error resolution. \n\n( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : Official interpretation of 13 ( d ) Rules Pending Resolution ( XXXX ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date Hence, the payment was withheld until my issue was resolved, the issue has still not been resolved but I opted to pay the full balance and yet it was still reported that I was past due. When I attempted to re-dispute this information with the bureaus, I am only seeing that the dispute was complete but no significant raise to my credit score has been provided and no removal of the past due status in the month of XXXX has been removed. This is a direct violation of my consumer rights.","date_sent_to_company":"2024-01-12T19:51:21.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"303XX","tags":null,"has_narrative":true,"complaint_id":"8158400","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-01-12T19:23:53.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["If the cardholder has enrolled in an automatic <em>payment</em> plan offered by the <em>card</em> <em>issuer</em> and has agreed to pay the credit <em>card</em> indebtedness by periodic deductions from the cardholder 's deposit account, the <em>card</em> <em>issuer</em> shall not deduct any part of the disputed <em>amount</em> or related finance or other charges if a billing <em>error</em> notice is received any time up to 3 business days before the scheduled <em>payment</em> date Hence, the <em>payment</em> was withheld until my <em>issue</em> was <em>resolved</em>, the <em>issue</em> has still not been <em>resolved</em>"],"product":["Credit reporting or other personal <em>consumer</em> reports"],"company_public_response":["Company has responded to the <em>consumer</em> and the CFPB and chooses not to provide a public response"],"sub_issue":["Their investigation did not fix an <em>error</em> on your report"]},"sort":[24.73654,"8158400"]},{"_index":"complaint-public-v1","_id":"8915794","_score":24.265415,"_source":{"product":"Checking or savings account","complaint_what_happened":"This bank is under licencee from XXXX and is breaking TRUTH IN LENDING ACT ( REGULATION Z ). \n\nAs a reminder- Congress passed TILA in XXXX to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him [ and ] to avoid the uninformed use of credit.XXXX In XXXX, Congress amended XXXX through the passage of the Fair Credit Billing Act ( FCBA ) to protect the consumer against inaccurate and unfair credit billing and credit card practices.XXXX Under the FCBA, as implemented in Regulation Z, credit card issuers have XXXX separate obligations that may apply to merchant disputes. First, under 12 C.F.R. 1026.13 ( a ), issuers must investigate and resolve certain billing errors, including a transaction reflected on a periodic statement involving goods or services that the consumer ( or representative ) did not accept or was not delivered or was not delivered as agreed. Comment 13 ( a ) ( 3 ) -1 of the official staff commentary ( commentary ) for Regulation Z provides these examples for this type of billing error : the appearance on a periodic statement of a purchase when the consumer refused to take delivery of the goods because the goods did not comply with the contract ; delivery of property or services different from that agreed upon ; delivery of the wrong quantity ; late delivery ; or delivery to the wrong location. \n\nThe commentary further clarifies that the error does not apply to a dispute relating to the quality of goods or services that the consumer accepts ( whether acceptance occurred is determined by state or other applicable law ). \n\nA credit card issuers compliance obligation under 1026.13 ( a ) is triggered when the consumer sends a written notice to the issuer within XXXX  days after the issuer provides the periodic statement that reflects the alleged billing error.XXXX The consumer is not required to notify the merchant and attempt to resolve the dispute, assuming the consumer did not accept the goods.XXXX The card issuer must provide a written acknowledgment to the consumer within XXXX days of receiving the billing error notice and investigate and resolve the alleged error within XXXX complete billing cycles ( but in no event later than XXXX days ) of receiving the billing error notice. Until a billing error is resolved, the consumer is entitled to withhold payment to the card issuer for the amount owed the merchant and any associated finance charges, and the issuer is prohibited from reporting negative information about the consumers credit standing ( for example, to a consumer reporting agency ) because the consumer failed to pay this amount. If the creditor determines that a billing error has occurred as asserted, it must credit the consumers account with the full disputed amount, including any associated finance charges.XXXX The second consumer protection in a merchant dispute is found under 1026.12 ( c ), which permits a consumer to assert against the card issuer any defenses and claims ( except tort claims ) arising out of a transaction paid with a credit card.XXXX This right applies only if the cardholder attempted in good faith to resolve the dispute with the merchant and the transaction exceeds {$50.00} and occurred in the same state as the cardholders designated address or within XXXX miles of that address.XXXX The amount of the claim is limited by the amount of credit outstanding for the disputed transaction at the time the cardholder first notifies the card issuer of the claim or defense. \n\nI DID NOT RECIEVE GOODS OR SERVICES FOR A CHARGE MADE ON XX/XX/XXXX {$110.00} AND DEMAND MY MONEY BACK OR WILL FILE SUITS","date_sent_to_company":"2024-05-02T18:26:39.000Z","issue":"Managing an account","sub_product":"Checking account","zip_code":"330XX","tags":null,"has_narrative":true,"complaint_id":"8915794","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CIBC BANCORP USA INC.","date_received":"2024-05-02T18:20:23.000Z","state":"FL","company_public_response":null,"sub_issue":"Problem using a debit or ATM card"},"highlight":{"complaint_what_happened":["Until a billing <em>error</em> is <em>resolved</em>, the <em>consumer</em> is entitled to <em>withhold</em> <em>payment</em> to the <em>card</em> <em>issuer</em> for the <em>amount</em> owed the merchant and any associated finance charges, and the <em>issuer</em> is prohibited from reporting negative information about the <em>consumers</em> credit standing ( for example, to a <em>consumer</em> reporting agency ) because the <em>consumer</em> failed to pay this <em>amount</em>."],"sub_issue":["Problem using a debit or ATM <em>card</em>"]},"sort":[24.265415,"8915794"]},{"_index":"complaint-public-v1","_id":"5758058","_score":21.348022,"_source":{"product":"Mortgage","complaint_what_happened":"REQUEST FOR REFUND ( 10 Month billing statement received on XX/XX/XXXX on my request ) 1. Statement date XX/XX/XXXX total due was {$32000.00} had escrow balance of {$13000.00} but has no records form this. \n2. Statement date XX/XX/XXXX total due is {$47000.00} 3. Default notice field with county is {$56000.00} 4. Additional {$14000.00} from XXXX to XX/XX/XXXX monthly payment of {$1000.00} for 4 months {$4100.00} not {$14000.00} over charging {$10000.00} 5. Default filed with county is {$56000.00} less XX/XX/XXXX total balance is {$32000.00}. XXXX is {$23000.00} plus {$5000.00} estimated public nuisance equals to {$28.00}, XXXX 6. TOTAL AMOUNT OF REFUND IS {$28000.00} PLUS INTEREST IN 15 DAYS IS NEEDED. \n\nOn XX/XX/XXXX I filed written dispute with SLS and as of XX/XX/XXXX they have not send response therefore they have no records to validate the debt of {$56000.00}. \nOn XX/XX/XXXX I filed dispute with XXXX XXXX XXXX and as of XX/XX/XXXX there is no response to my dispute because they have no records. \n\nDISPUTE IS REAL AND LEGITIMATE DISPUTE BAD FAITH DEFAULT ITS TOTALLY BAD FAITH DEFAULT NOTICE FILED WITH COUNTY RECORDS OFFICE WITHOUT RESPONDING TO DISPUTE, WITHOUT RESOLVING DISPUTE AND HAVING NO RECORDS TO FILED NOTICE TO FORECLOSURE THE PROPERTY. \nBoth entities are violation of FDCPA 12 CFR 1026.13 ( 1 ) The creditor shall mail or deliver written acknowledgment to the consumer within 30 days of receiving a billing error notice, unless the creditor has complied with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within the 30-day period ; and \" ITS CLOSE TO 11 MONTHS NO RECORDS TO DISPUTE FILED WITH SLS AND CLOSE TO 4 MONTHS XXXX DEFAULT SERVICE DISPUTE WAS FILED ( 2 ) The creditor shall comply with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within 2 complete billing cycles ( but in no event later than 90 days ) after receiving a billing error notice. \n\" ITS CLOSE TO 11 MONTHS NO RECORDS OF DISPUTE FILED WITH SLS AND CLOSE TO 4 MONTHS XXXX  DEFAULT SERVICE DISPUTE WAS FILED AND NO RESPONSE FROM BOTH ENTITIES AND BOTH VIOLATED ABOVE FDCPA LAWS ( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date. \n\" WITHOUT RESPONSE TO DISPUTE AND HAVING NO RECORDS BOTH ENTITIES ARE IN VIOLATION OF ABOVE FDCPA LAWS BY FILING DEFAULT NOTICE WITH COUNTY RECORDERS OFFICE FOR THE FULL AMOUNT OF {$56000.00} THAT I HAVE LEGAL RIGHT TO WITHHOLD DISPUTED AMOUNT '' ( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section.\n\n( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable; and ( 2 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section. \n\n\" FILING DEFAULT NOTICE TO FORECLOSURE THE PROPERTY WITHOUT VALIDATING THE DEBT AND RESOLVING DISPUTE BOTH ENTITY IS IN VIOLATION OF ABOVE FDCPA LAWS THEY HAVE NO RECORDS, NOT SENDING RESPONSE TO DISPUTE AND NOT SENDING BILLING STATEMENT EVERY MONTH","date_sent_to_company":"2022-07-11T05:55:28.000Z","issue":"Trouble during payment process","sub_product":"FHA mortgage","zip_code":"95823","tags":null,"has_narrative":true,"complaint_id":"5758058","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Specialized Loan Servicing Holdings LLC","date_received":"2022-07-11T05:32:18.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["If the cardholder has enrolled in an automatic <em>payment</em> plan offered by the <em>card</em> <em>issuer</em> and has agreed to pay the credit <em>card</em> indebtedness by periodic deductions from the cardholder 's deposit account, the <em>card</em> <em>issuer</em> shall not deduct any part of the disputed <em>amount</em> or related finance or other charges if a billing <em>error</em> notice is received any time up to 3 business days before the scheduled <em>payment</em> date."],"issue":["Trouble during <em>payment</em> process"],"company_public_response":["Company has responded to the <em>consumer</em> and the CFPB and chooses not to provide a public response"]},"sort":[21.348022,"5758058"]},{"_index":"complaint-public-v1","_id":"4800510","_score":21.220043,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I am a consumer, and have been violated according to 12 CFR 1026.13 ( d ) ( 2 ) that states : \" Adverse credit reports prohibited. The creditor or its agent shall not ( directly or indirectly ) make or threaten to make an adverse report to any person about the consumer 's credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges. '' U.S. Bank National Association has reported information of a delinquent account ( 30 day late ) that is in a billing error status on XXXX XXXX to the credit reporting agencies. \n\nOn several occasions I had requested clarification of the billing error both by recorded phone call on XX/XX/2021 at XXXX PST, as well as by USPS Certified Mail with included Certificate of Mailing form XXXX on XX/XX/XXXX, XX/XX/XXXX and most recently on XXXX XXXX in accordance with 12 C.F.R. 226.13 ( d ) \" Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date ; ( 2 ) Adverse credit reports prohibited. The creditor or its agent shall not ( directly or indirectly ) make or threaten to make an adverse report to any person about the consumer 's credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges. also 15 U.S.C. 1666 ( b ) ( 2 ) \" A reflection on a statement of an extension of credit for which the obligor requests additional clarification including documentary evidence thereof. '' ; U.S. Bank N.A. has violated the terms of billing error and has not provided any requested documentary evidence to satisfy such claims of debt. '' On XX/XX/2021, while the account in question has been in dispute for a billing error, U.S. Bank National Association had reported my personal information to the credit reporting agencies without my expressed written consent. 15 U.S.C. 1681b ( 2 ) states : \" In accordance with the written instructions of the consumer to whom it relates. '' I, the consumer was not given the opportunity ; written or oral, to \" opt-out '' according to 12 C.F.R. 1016.7 by U.S. Bank National Association prior to reporting this false information that is currently in a billing error status.","date_sent_to_company":"2021-10-12T05:53:43.000Z","issue":"Credit monitoring or identity theft protection services","sub_product":"Credit reporting","zip_code":"92701","tags":null,"has_narrative":true,"complaint_id":"4800510","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"U.S. BANCORP","date_received":"2021-10-12T04:41:39.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Billing dispute for services"},"highlight":{"complaint_what_happened":["Until a billing <em>error</em> is <em>resolved</em> under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) <em>Consumer</em> 's right to <em>withhold</em> disputed <em>amount</em> ; collection action prohibited. The <em>consumer</em> need not pay ( and the creditor may not try to collect ) any portion of any required <em>payment</em> that the <em>consumer</em> believes is related to the disputed <em>amount</em> ( including related finance or other charges )."],"product":["Credit reporting, credit repair services, or other personal <em>consumer</em> reports"],"company_public_response":["Company has responded to the <em>consumer</em> and the CFPB and chooses not to provide a public response"]},"sort":[21.220043,"4800510"]},{"_index":"complaint-public-v1","_id":"18242247","_score":20.958744,"_source":{"product":"Debt collection","complaint_what_happened":"On XX/XX/year>, XXXX issued a refund in the amount of * * {$530.00} * * to be credited to my American Express credit card account. A billing dispute was then opened regarding this amount, but American Express refused to apply the refund as a credit to my account, stating that the amount was not in collections because the dispute had not yet been resolved and asserting they had the right to withhold credit during the investigation. Without my authorization, American Express thereafter initiated an automatic debit for the full disputed amount and also double-billed an additional * * {$76.00} * * that had already been paid, resulting in an unauthorized * * overpayment * * taken from my account. [ XXXX ] During a telephone call on XX/XX/year>, American Express represented that the disputed balance would not accrue interest or be subject to collections while the matter remained under investigation, rather than issuing a temporary or provisional credit as allowed under federal consumer credit protections. American Express further stated that it had the option either to withhold a temporary credit or to issue XXXX during the dispute process, and chose not to issue any such credit. Despite those assurances, on XX/XX/year>, American Express performed an automatic debit for the disputed amount and caused an unauthorized * * overpayment * * from my account totaling * * {$670.00} * *, without my consent. [ XXXX ] On XX/XX/year>, American Express acknowledged by phone that it had, in fact, taken these funds and admitted that, due to an internal error, the credit for the XXXX refund and related adjustments had not been properly applied to my account. American Express further stated that the full * * {$670.00} * * would be returned to my account within XXXX hours, yet the funds were not returned, leaving my account short by * * {$670.00} * * and showing an improper remaining balance of * * {$76.00} * * despite prior payment. These actions constitute unfair and deceptive conduct and a failure to properly resolve a billing dispute, as American Express accepted and retained funds it agrees were owed back to me, failed to apply the credit due to an internal error, and then refused to promptly return the overpayment while an active dispute was pending. [ XXXX ] Accordingly, I demand that American Express immediately : ( XXXX ) return the full * * {$670.00} * * overpayment to my account; ( XXXX ) apply the * * {$530.00} * * XXXX refund and any related credits correctly ; ( XXXX ) remove any interest, fees, or negative notations arising from this dispute; and ( XXXX ) provide written confirmation that my account has been corrected and that no adverse reporting or collection activity will result from this error. If this matter is not fully resolved and the funds are not returned without further delay, I will have no choice but to pursue all remedies available under applicable consumer protection and credit billing laws, including filing formal complaints with the appropriate regulatory agencies. [ XXXX ] [ XXXX ] ( https : XXXX )","date_sent_to_company":"2025-12-23T10:06:47.000Z","issue":"Attempts to collect debt not owed","sub_product":"Auto debt","zip_code":"027XX","tags":"Older American","has_narrative":true,"complaint_id":"18242247","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"AMERICAN EXPRESS COMPANY","date_received":"2025-12-23T09:36:19.000Z","state":"MA","company_public_response":null,"sub_issue":"Debt was paid"},"highlight":{"complaint_what_happened":["On XX/XX/year>, XXXX <em>issued</em> a refund in the <em>amount</em> of * * {$530.00} * * to be credited to my American Express credit <em>card</em> account. A billing dispute was then opened regarding this <em>amount</em>, but American Express refused to apply the refund as a credit to my account, stating that the <em>amount</em> was not in collections because the dispute had not yet been <em>resolved</em> and asserting they had the right to <em>withhold</em> credit during the investigation."]},"sort":[20.958744,"18242247"]},{"_index":"complaint-public-v1","_id":"7339307","_score":20.883812,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"XXXX XXXX and Equifax continues to violate my consumer right by reporting my non public information without my written consent. \n\nXXXX XXXX stated in their terms and conditions that they would not share my information with anyone except the credit bureaus. The only true credit bureau is the Consumer Financial Protection Bureau and it does not furnish consumer reports. Equifax is a privately owned company that assumed the role to furnish consumer reports. \n\nIt is against federal law to report any financial history. My credit card information is considered financial history and should not be included in any reporting. \n\nPer the Privacy Act of 1974 as a federally protected consumer I have the right to opt out of my information being reported. \n1026.13 Billing error resolution.\n\n( a ) Definition of billing error. For purposes of this section, the term billing error means : ( 1 ) A reflection on or with a periodic statement of an extension of credit that is not made to the consumer or to a person who has actual, implied, or apparent authority to use the consumer 's credit card or open-end credit plan. \n\n( 2 ) A reflection on or with a periodic statement of an extension of credit that is not identified in accordance with the requirements of 1026.7 ( a ) ( 2 ) or ( b ) ( 2 ), as applicable, and 1026.8.\n\n( 3 ) A reflection on or with a periodic statement of an extension of credit for property or services not accepted by the consumer or the consumer 's designee, or not delivered to the consumer or the consumer 's designee as agreed.\n\n( 4 ) A reflection on a periodic statement of the creditor 's failure to credit properly a payment or other credit issued to the consumer 's account. \n\n( 5 ) A reflection on a periodic statement of a computational or similar error of an accounting nature that is made by the creditor.\n\n( 6 ) A reflection on a periodic statement of an extension of credit for which the consumer requests additional clarification, including documentary evidence.\n\n( 7 ) The creditor 's failure to mail or deliver a periodic statement to the consumer 's last known address if that address was received by the creditor, in writing, at least 20 days before the end of the billing cycle for which the statement was required. \n\n( b ) Billing error notice. A billing error notice is a written notice from a consumer that : ( 1 ) Is received by a creditor at the address disclosed under 1026.7 ( a ) ( 9 ) or ( b ) ( 9 ), as applicable, no later than 60 days after the creditor transmitted the first periodic statement that reflects the alleged billing error ; ( 2 ) Enables the creditor to identify the consumer 's name and account number; and ( 3 ) To the extent possible, indicates the consumer 's belief and the reasons for the belief that a billing error exists, and the type, date, and amount of the error. \n\n( c ) Time for resolution ; general procedures. \n\n( 1 ) The creditor shall mail or deliver written acknowledgment to the consumer within 30 days of receiving a billing error notice, unless the creditor has complied with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within the 30-day period; and ( 2 ) The creditor shall comply with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within 2 complete billing cycles ( but in no event later than 90 days ) after receiving a billing error notice.\n\n( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date.\n\n( 2 ) Adverse credit reports prohibited. The creditor or its agent shall not ( directly or indirectly ) make or threaten to make an adverse report to any person about the consumer 's credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges.\n\n( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section.\n\n( 4 ) Permitted creditor actions. A creditor is not prohibited from taking action to collect any undisputed portion of the item or bill ; from deducting any disputed amount and related finance or other charges from the consumer 's credit limit on the account ; or from reflecting a disputed amount and related finance or other charges on a periodic statement, provided that the creditor indicates on or with the periodic statement that payment of any disputed amount and related finance or other charges is not required pending the creditor 's compliance with this section.\n\n( e ) Procedures if billing error occurred as asserted. If a creditor determines that a billing error occurred as asserted, it shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable; and ( 2 ) Mail or deliver a correction notice to the consumer.\n\n( f ) Procedures if different billing error or no billing error occurred. If, after conducting a reasonable investigation, a creditor determines that no billing error occurred or that a different billing error occurred from that asserted, the creditor shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Mail or deliver to the consumer an explanation that sets forth the reasons for the creditor 's belief that the billing error alleged by the consumer is incorrect in whole or in part ; ( 2 ) Furnish copies of documentary evidence of the consumer 's indebtedness, if the consumer so requests ; and ( 3 ) If a different billing error occurred, correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable.\n\n( g ) Creditor 's rights and duties after resolution. If a creditor, after complying with all of the requirements of this section, determines that a consumer owes all or part of the disputed amount and related finance or other charges, the creditor : ( 1 ) Shall promptly notify the consumer in writing of the time when payment is due and the portion of the disputed amount and related finance or other charges that the consumer still owes ; ( 2 ) Shall allow any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable, during which the consumer can pay the amount due under paragraph ( g ) ( 1 ) of this section without incurring additional finance or other charges ; ( 3 ) May report an account or amount as delinquent because the amount due under paragraph ( g ) ( 1 ) of this section remains unpaid after the creditor has allowed any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable or 10 days ( whichever is longer ) during which the consumer can pay the amount ; but ( 4 ) May not report that an amount or account is delinquent because the amount due under paragraph ( g ) ( 1 ) of the section remains unpaid, if the creditor receives ( within the time allowed for payment in paragraph ( g ) ( 3 ) of this section ) further written notice from the consumer that any portion of the billing error is still in dispute, unless the creditor also : ( i ) Promptly reports that the amount or account is in dispute ; ( ii ) Mails or delivers to the consumer ( at the same time the report is made ) a written notice of the name and address of each person to whom the creditor makes a report ; and ( iii ) Promptly reports any subsequent resolution of the reported delinquency to all persons to whom the creditor has made a report. \n\n( h ) Reassertion of billing error. A creditor that has fully complied with the requirements of this section has no further responsibilities under this section ( other than as provided in paragraph ( g ) ( 4 ) of this section ) if a consumer reasserts substantially the same billing error.\n\n( i ) Relation to Electronic Fund Transfer Act and Regulation E. A creditor shall comply with the requirements of Regulation E, 12 CFR 1005.11, and 1005.18 ( e ) as applicable, governing error resolution rather than those of paragraphs ( a ), ( b ), ( c ), ( e ), ( f ), and ( h ) of this section if : ( 1 ) Except with respect to a prepaid account as defined in 1026.61, an extension of credit that is incident to an electronic fund transfer occurs under an agreement between the consumer and a financial institution to extend credit when the consumer 's account is overdrawn or to maintain a specified minimum balance in the consumer 's account ; or ( 2 ) With regard to a covered separate credit feature and an asset feature of a prepaid account where both are accessible by a hybrid prepaid-credit card as defined in 1026.61, an extension of credit that is incident to an electronic fund transfer occurs when the hybrid prepaid-credit card accesses both funds in the asset feature of the prepaid account and a credit extension from the credit feature with respect to a particular transaction.\n\n1026.12 Special credit card provisions.\n\n( a ) Issuance of credit cards. Regardless of the purpose for which a credit card is to be used, including business, commercial, or agricultural use, no credit card shall be issued to any person except : ( 1 ) In response to an oral or written request or application for the card; or ( 2 ) As a renewal of, or substitute for, an accepted credit card.\n\n( b ) Liability of cardholder for unauthorized use ( 1 ) ( i ) Definition of unauthorized use. For purposes of this section, the term unauthorized use means the 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( ii ) Limitation on amount. The liability of a cardholder for unauthorized use of a credit card shall not exceed the lesser of {$50.00} or the amount of money, property, labor, or services obtained by the unauthorized use before notification to the card issuer under paragraph ( b ) ( 3 ) of this section.\n\n( 2 ) Conditions of liability. A cardholder shall be liable for unauthorized use of a credit card only if : ( i ) The credit card is an accepted credit card ; ( ii ) The card issuer has provided adequate notice of the cardholder 's maximum potential liability and of means by which the card issuer may be notified of loss or theft of the card. The notice shall state that the cardholder 's liability shall not exceed {$50.00} ( or any lesser amount ) and that the cardholder may give oral or written notification, and shall describe a means of notification ( for example, a telephone number, an address, or both ) ; and ( iii ) The card issuer has provided a means to identify the cardholder on the account or the authorized user of the card.\n\n( 3 ) Notification to card issuer. Notification to a card issuer is given when steps have been taken as may be reasonably required in the ordinary course of business to provide the card issuer with the pertinent information about the loss, theft, or possible unauthorized use of a credit card, regardless of whether any particular officer, employee, or agent of the card issuer does, in fact, receive the information. Notification may be given, at the option of the person giving it, in person, by telephone, or in writing. Notification in writing is considered given at the time of receipt or, whether or not received, at the expiration of the time ordinarily required for transmission, whichever is earlier.\n\n( 4 ) Effect of other applicable law or agreement. If state law or an agreement between a cardholder and the card issuer imposes lesser liability than that provided in this paragraph, the lesser liability shall govern.\n\n( 5 ) Business use of credit cards. If 10 or more credit cards are issued by one card issuer for use by the employees of an organization, this section does not prohibit the card issuer and the organization from agreeing to liability for unauthorized use without regard to this section. However, liability for unauthorized use may be imposed on an employee of the organization, by either the card issuer or the organization, only in accordance with this section.\n\n( c ) Right of cardholder to assert claims or defenses against card issuer ( 1 ) General rule. When a person who honors a credit card fails to resolve satisfactorily a dispute as to property or services purchased with the credit card in a consumer credit transaction, the cardholder may assert against the card issuer all claims ( other than tort claims ) and defenses arising out of the transaction and relating to the failure to resolve the dispute. The cardholder may withhold payment up to the amount of credit outstanding for the property or services that gave rise to the dispute and any finance or other charges imposed on that amount.\n\n( 2 ) Adverse credit reports prohibited. If, in accordance with paragraph ( c ) ( 1 ) of this section, the cardholder withholds payment of the amount of credit outstanding for the disputed transaction, the card issuer shall not report that amount as delinquent until the dispute is settled or judgment is rendered.\n\n( 3 ) Limitations ( i ) General. The rights stated in paragraphs ( c ) ( 1 ) and ( c ) ( 2 ) of this section apply only if : ( A ) The cardholder has made a good faith attempt to resolve the dispute with the person honoring the credit card ; and ( B ) The amount of credit extended to obtain the property or services that result in the assertion of the claim or defense by the cardholder exceeds {$50.00}, and the disputed transaction occurred in the same state as the cardholder 's current designated address or, if not within the same state, within 100 miles from that address.\n\n( ii ) Exclusion. The limitations stated in paragraph ( c ) ( 3 ) ( i ) ( B ) of this section shall not apply when the person honoring the credit card : ( A ) Is the same person as the card issuer ; ( B ) Is controlled by the card issuer directly or indirectly ; ( C ) Is under the direct or indirect control of a third person that also directly or indirectly controls the card issuer ; ( D ) Controls the card issuer directly or indirectly ; ( E ) Is a franchised dealer in the card issuer 's products or services ; or ( F ) Has obtained the order for the disputed transaction through a mail solicitation made or participated in by the card issuer.\n\n( d ) Offsets by card issuer prohibited ( 1 ) General rule. A card issuer may not take any action, either before or after termination of credit card privileges, to offset a cardholder 's indebtedness arising from a consumer credit transaction under the relevant credit card plan against funds of the cardholder held on deposit with the card issuer.\n\n( 2 ) Rights of the card issuer. This paragraph ( d ) does not alter or affect the right of a card issuer acting under state or Federal law to do any of the following with regard to funds of a cardholder held on deposit with the card issuer if the same procedure is constitutionally available to creditors generally : Obtain or enforce a consensual security interest in the funds ; attach or otherwise levy upon the funds ; or obtain or enforce a court order relating to the funds.\n\n( 3 ) Periodic deductions.\n\n( i ) This paragraph ( d ) does not prohibit a plan, if authorized in writing by the cardholder, under which the card issuer may periodically deduct all or part of the cardholder 's credit card debt from a deposit account held with the card issuer ( subject to the limitations in 1026.13 ( d ) ( 1 ) ).\n\n( ii ) With respect to a covered separate credit feature accessible by a hybrid prepaid-credit card as defined in 1026.61, for purposes of this paragraph ( d ) ( 3 ), periodically means no more frequently than once per calendar month, such as on a monthly due date disclosed on the applicable periodic statement in accordance with the requirements of 1026.7 ( b ) ( 11 ) ( i ) ( A ) or on an earlier date in each calendar month in accordance with a written authorization signed by the consumer.\n\n( e ) Prompt notification of returns and crediting of refunds.\n\n( 1 ) When a creditor other than the card issuer accepts the return of property or forgives a debt for services that is to be reflected as a credit to the consumer 's credit card account, that creditor shall, within 7 business days from accepting the return or forgiving the debt, transmit a credit statement to the card issuer through the card issuer 's normal channels for credit statements.\n\n( 2 ) The card issuer shall, within 3 business days from receipt of a credit statement, credit the consumer 's account with the amount of the refund.\n\n( 3 ) If a creditor other than a card issuer routinely gives cash refunds to consumers paying in cash, the creditor shall also give credit or cash refunds to consumers using credit cards, unless it discloses at the time the transaction is consummated that credit or cash refunds for returns are not given. This section does not require refunds for returns nor does it prohibit refunds in kind.\n\n( f ) Discounts ; tie-in arrangements. No card issuer may, by contract or otherwise : ( 1 ) Prohibit any person who honors a credit card from offering a discount to a consumer to induce the consumer to pay by cash, check, or similar means rather than by use of a credit card or its underlying account for the purchase of property or services; or ( 2 ) Require any person who honors the card issuer 's credit card to open or maintain any account or obtain any other service not essential to the operation of the credit card plan from the card issuer or any other person, as a condition of participation in a credit card plan. If maintenance of an account for clearing purposes is determined to be essential to the operation of the credit card plan, it may be required only if no service charges or minimum balance requirements are imposed.\n\n( g ) Relation to Electronic Fund Transfer Act and Regulation E. For guidance on whether Regulation Z ( 12 CFR part 1026 ) or Regulation E ( 12 CFR part 1005 ) applies in instances involving both credit and electronic fund transfer aspects, refer to Regulation E, 12 CFR 1005.12 ( a ) regarding issuance and liability for unauthorized use. On matters other than issuance and liability, this section applies to the credit aspects of combined credit/electronic fund transfer transactions, as applicable.","date_sent_to_company":"2023-08-03T04:38:27.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"7339307","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2023-08-03T04:38:23.000Z","state":"TX","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Until a billing <em>error</em> is <em>resolved</em> under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) <em>Consumer</em> 's right to <em>withhold</em> disputed <em>amount</em> ; collection action prohibited. The <em>consumer</em> need not pay ( and the creditor may not try to collect ) any portion of any required <em>payment</em> that the <em>consumer</em> believes is related to the disputed <em>amount</em> ( including related finance or other charges )."],"product":["Credit reporting, credit repair services, or other personal <em>consumer</em> reports"],"sub_issue":["Their investigation did not fix an <em>error</em> on your report"]},"sort":[20.883812,"7339307"]},{"_index":"complaint-public-v1","_id":"7339334","_score":20.8812,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Capital One and XXXX continues to violate my consumer right by reporting my non public information without my written consent. \n\nCapital One stated in their terms and conditions that they would not share my information with anyone except the credit bureaus. The only true credit bureau is the Consumer Financial Protection Bureau and it does not furnish consumer reports. XXXX is a privately owned company that assumed the role to furnish consumer reports. \n\nIt is against federal law to report any financial history. My credit card information is considered financial history and should not be included in any reporting. \n\nPer the Privacy Act of 1974 as a federally protected consumer I have the right to opt out of my information being reported.\n\n1026.13 Billing error resolution. \n( a ) Definition of billing error. For purposes of this section, the term billing error means : ( 1 ) A reflection on or with a periodic statement of an extension of credit that is not made to the consumer or to a person who has actual, implied, or apparent authority to use the consumer 's credit card or open-end credit plan.\n\n( 2 ) A reflection on or with a periodic statement of an extension of credit that is not identified in accordance with the requirements of 1026.7 ( a ) ( 2 ) or ( b ) ( 2 ), as applicable, and 1026.8. \n\n( XXXX ) A reflection on or with a periodic statement of an extension of credit for property or services not accepted by the consumer or the consumer 's designee, or not delivered to the consumer or the consumer 's designee as agreed. \n\n( XXXX ) A reflection on a periodic statement of the creditor 's failure to credit properly a payment or other credit issued to the consumer 's account. \n\n( XXXX ) A reflection on a periodic statement of a computational or similar error of an accounting nature that is made by the creditor. \n\n( XXXX ) A reflection on a periodic statement of an extension of credit for which the consumer requests additional clarification, including documentary evidence. \n\n( XXXX ) The creditor 's failure to mail or deliver a periodic statement to the consumer 's last known address if that address was received by the creditor, in writing, at least 20 days before the end of the billing cycle for which the statement was required. \n\n( b ) Billing error notice. A billing error notice is a written notice from a consumer that : ( 1 ) Is received by a creditor at the address disclosed under 1026.7 ( a ) ( 9 ) or ( b ) ( 9 ), as applicable, no later than 60 days after the creditor transmitted the first periodic statement that reflects the alleged billing error ; ( XXXX ) Enables the creditor to identify the consumer 's name and account number; and ( XXXX ) To the extent possible, indicates the consumer 's belief and the reasons for the belief that a billing error exists, and the type, date, and amount of the error. \n\n( c ) Time for resolution ; general procedures. \n\n( XXXX ) The creditor shall mail or deliver written acknowledgment to the consumer within 30 days of receiving a billing error notice, unless the creditor has complied with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within the 30-day period; and ( 2 ) The creditor shall comply with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within 2 complete billing cycles ( but in no event later than 90 days ) after receiving a billing error notice.\n\n( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor XXXX not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date.\n\n( 2 ) Adverse credit reports prohibited. The creditor or its agent shall not ( directly or indirectly ) make or threaten to make an adverse report to any person about the consumer 's credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges.\n\n( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor XXXX be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section. \n\n( XXXX ) Permitted creditor actions. A creditor is not prohibited from taking action to collect any undisputed portion of the item or bill ; from deducting any disputed amount and related finance or other charges from the consumer 's credit limit on the account ; or from reflecting a disputed amount and related finance or other charges on a periodic statement, provided that the creditor indicates on or with the periodic statement that payment of any disputed amount and related finance or other charges is not required pending the creditor 's compliance with this section.\n\n( e ) Procedures if billing error occurred as asserted. If a creditor determines that a billing error occurred as asserted, it shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable; and ( 2 ) Mail or deliver a correction notice to the consumer. \n\n( f ) Procedures if different billing error or no billing error occurred. If, after conducting a reasonable investigation, a creditor determines that no billing error occurred or that a different billing error occurred from that asserted, the creditor shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Mail or deliver to the consumer an explanation that sets forth the reasons for the creditor 's belief that the billing error alleged by the consumer is incorrect in whole or in part ; ( 2 ) Furnish copies of documentary evidence of the consumer 's indebtedness, if the consumer so requests ; and ( 3 ) If a different billing error occurred, correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable.\n\n( g ) Creditor 's rights and duties after resolution. If a creditor, after complying with all of the requirements of this section, determines that a consumer owes all or part of the disputed amount and related finance or other charges, the creditor : ( 1 ) Shall promptly notify the consumer in writing of the time when payment is due and the portion of the disputed amount and related finance or other charges that the consumer still owes ; ( 2 ) Shall allow any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable, during which the consumer can pay the amount due under paragraph ( g ) ( XXXX ) of this section without incurring additional finance or other charges ; ( XXXX ) XXXX report an account or amount as delinquent because the amount due under paragraph ( g ) ( XXXX ) of this section remains unpaid after the creditor has allowed any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable or 10 days ( whichever is longer ) during which the consumer can pay the amount ; but ( XXXX ) XXXX not report that an amount or account is delinquent because the amount due under paragraph ( g ) ( XXXX ) of the section remains unpaid, if the creditor receives ( within the time allowed for payment in paragraph ( g ) ( 3 ) of this section ) further written notice from the consumer that any portion of the billing error is still in dispute, unless the creditor also : ( i ) Promptly reports that the amount or account is in dispute ; ( ii ) Mails or delivers to the consumer ( at the same time the report is made ) a written notice of the name and address of each person to whom the creditor makes a report ; and ( iii ) Promptly reports any subsequent resolution of the reported delinquency to all persons to whom the creditor has made a report.\n\n( h ) Reassertion of billing error. A creditor that has fully complied with the requirements of this section has no further responsibilities under this section ( other than as provided in paragraph ( g ) ( 4 ) of this section ) if a consumer reasserts substantially the same billing error.\n\n( i ) Relation to Electronic Fund Transfer Act and Regulation E. A creditor shall comply with the requirements of Regulation E, 12 CFR 1005.11, and 1005.18 ( e ) as applicable, governing error resolution rather than those of paragraphs ( a ), ( b ), ( c ), ( e ), ( f ), and ( h ) of this section if : ( 1 ) Except with respect to a prepaid account as defined in 1026.61, an extension of credit that is incident to an electronic fund transfer occurs under an agreement between the consumer and a financial institution to extend credit when the consumer 's account is overdrawn or to maintain a specified minimum balance in the consumer 's account ; or ( 2 ) With regard to a covered separate credit feature and an asset feature of a prepaid account where both are accessible by a hybrid prepaid-credit card as defined in 1026.61, an extension of credit that is incident to an electronic fund transfer occurs when the hybrid prepaid-credit card accesses both funds in the asset feature of the prepaid account and a credit extension from the credit feature with respect to a particular transaction.\n\n1026.12 Special credit card provisions. \n( a ) Issuance of credit cards. Regardless of the purpose for which a credit card is to be used, including business, commercial, or agricultural use, no credit card shall be issued to any person except : ( XXXX ) In response to an oral or written request or application for the card; or ( XXXX ) As a renewal of, or substitute for, an accepted credit card. \n\n( b ) Liability of cardholder for unauthorized use ( XXXX ) ( i ) Definition of unauthorized use. For purposes of this section, the term unauthorized use means the 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( ii ) Limitation on amount. The liability of a cardholder for unauthorized use of a credit card shall not exceed the lesser of {$50.00} or the amount of money, property, labor, or services obtained by the unauthorized use before notification to the card issuer under paragraph ( b ) ( XXXX ) of this section. \n\n( XXXX ) Conditions of liability. A cardholder shall be liable for unauthorized use of a credit card only if : ( i ) The credit card is an accepted credit card ; ( ii ) The card issuer has provided adequate notice of the cardholder 's maximum potential liability and of means by which the card issuer XXXX be notified of loss or theft of the card. The notice shall state that the cardholder 's liability shall not exceed {$50.00} ( or any lesser amount ) and that the cardholder XXXX give oral or written notification, and shall describe a means of notification ( for example, a telephone number, an address, or both ) ; and ( iii ) The card issuer has provided a means to identify the cardholder on the account or the authorized user of the card. \n\n( XXXX ) Notification to card issuer. Notification to a card issuer is given when steps have been taken as XXXX be reasonably required in the ordinary course of business to provide the card issuer with the pertinent information about the loss, theft, or possible unauthorized use of a credit card, regardless of whether any particular XXXX, employee, or agent of the card issuer does, in fact, receive the information. Notification XXXX be given, at the option of the person giving it, in person, by telephone, or in writing. Notification in writing is considered given at the time of receipt or, whether or not received, at the expiration of the time ordinarily required for transmission, whichever is earlier. \n\n( XXXX ) Effect of other applicable law or agreement. If state law or an agreement between a cardholder and the card issuer imposes lesser liability than that provided in this paragraph, the lesser liability shall govern. \n\n( XXXX ) Business use of credit cards. If 10 or more credit cards are issued by one card issuer for use by the employees of an organization, this section does not prohibit the card issuer and the organization from agreeing to liability for unauthorized use without regard to this section. However, liability for unauthorized use XXXX be imposed on an employee of the organization, by either the card issuer or the organization, only in accordance with this section. \n\n( c ) Right of cardholder to assert claims or defenses against card issuer ( XXXX ) General rule. When a person who honors a credit card fails to resolve satisfactorily a dispute as to property or services purchased with the credit card in a consumer credit transaction, the cardholder XXXX assert against the card issuer all claims ( other than tort claims ) and defenses arising out of the transaction and relating to the failure to resolve the dispute. The cardholder XXXX withhold payment up to the amount of credit outstanding for the property or services that gave rise to the dispute and any finance or other charges imposed on that amount. \n\n( XXXX ) Adverse credit reports prohibited. If, in accordance with paragraph ( c ) ( XXXX ) of this section, the cardholder withholds payment of the amount of credit outstanding for the disputed transaction, the card issuer shall not report that amount as delinquent until the dispute is settled or judgment is rendered.\n\n( 3 ) Limitations ( i ) General. The rights stated in paragraphs ( c ) ( 1 ) and ( c ) ( 2 ) of this section apply only if : ( A ) The cardholder has made a good faith attempt to resolve the dispute with the person honoring the credit card ; and ( B ) The amount of credit extended to obtain the property or services that result in the assertion of the claim or defense by the cardholder exceeds {$50.00}, and the disputed transaction occurred in the same state as the cardholder 's current designated address or, if not within the same state, within XXXX miles from that address. \n\n( ii ) Exclusion. The limitations stated in paragraph ( c ) ( 3 ) ( i ) ( B ) of this section shall not apply when the person honoring the credit card : ( A ) Is the same person as the card issuer ; ( B ) Is controlled by the card issuer directly or indirectly ; ( C ) Is under the direct or indirect control of a third person that also directly or indirectly controls the card issuer ; ( D ) Controls the card issuer directly or indirectly ; ( E ) Is a franchised dealer in the card issuer 's products or services ; or ( F ) Has obtained the order for the disputed transaction through a mail solicitation made or participated in by the card issuer. \n\n( d ) Offsets by card issuer prohibited ( XXXX ) General rule. A card issuer XXXX not take any action, either before or after termination of credit card privileges, to offset a cardholder 's indebtedness arising from a consumer credit transaction under the relevant credit card plan against funds of the cardholder held on deposit with the card issuer. \n\n( XXXX ) Rights of the card issuer. This paragraph ( d ) does not alter or affect the right of a card issuer acting under state or Federal law to do any of the following with regard to funds of a cardholder held on deposit with the card issuer if the same procedure is constitutionally available to creditors generally : Obtain or enforce a consensual security interest in the funds ; attach or otherwise levy upon the funds ; or obtain or enforce a court order relating to the funds. \n\n( XXXX ) Periodic deductions. \n\n( i ) This paragraph ( d ) does not prohibit a plan, if authorized in writing by the cardholder, under which the card issuer XXXX periodically deduct all or part of the cardholder 's credit card debt from a deposit account held with the card issuer ( subject to the limitations in 1026.13 ( d ) ( 1 ) ).\n\n( ii ) With respect to a covered separate credit feature accessible by a hybrid prepaid-credit card as defined in 1026.61, for purposes of this paragraph ( d ) ( 3 ), periodically means no more frequently than once per calendar month, such as on a monthly due date disclosed on the applicable periodic statement in accordance with the requirements of 1026.7 ( b ) ( 11 ) ( i ) ( A ) or on an earlier date in each calendar month in accordance with a written authorization signed by the consumer. \n\n( XXXX ) Prompt notification of returns and crediting of refunds. \n\n( XXXX ) When a creditor other than the card issuer accepts the return of property or forgives a debt for services that is to be reflected as a credit to the consumer 's credit card account, that creditor shall, within XXXX business days from accepting the return or forgiving the debt, transmit a credit statement to the card issuer through the card issuer 's normal channels for credit statements. \n\n( XXXX ) The card issuer shall, within XXXX business days from receipt of a credit statement, credit the consumer 's account with the amount of the refund. \n\n( XXXX ) If a creditor other than a card issuer routinely gives cash refunds to consumers paying in cash, the creditor shall also give credit or cash refunds to consumers using credit cards, unless it discloses at the time the transaction is consummated that credit or cash refunds for returns are not given. This section does not require refunds for returns nor does it prohibit refunds in kind. \n\n( f ) Discounts ; tie-in arrangements. No card issuer XXXX, by contract or otherwise : ( XXXX ) Prohibit any person who honors a credit card from offering a discount to a consumer to induce the consumer to pay by cash, check, or similar means rather than by use of a credit card or its underlying account for the purchase of property or services; or ( XXXX ) Require any person who honors the card issuer 's credit card to open or maintain any account or obtain any other service not essential to the operation of the credit card plan from the card issuer or any other person, as a condition of participation in a credit card plan. If maintenance of an account for clearing purposes is determined to be essential to the operation of the credit card plan, it XXXX be required only if no service charges or minimum balance requirements are imposed. \n\n( g ) Relation to Electronic Fund Transfer Act and Regulation E. For guidance on whether Regulation Z ( 12 CFR part 1026 ) or Regulation E ( 12 CFR part 1005 ) applies in instances involving both credit and electronic fund transfer aspects, refer to Regulation E, 12 CFR 1005.12 ( a ) regarding issuance and liability for unauthorized use. On matters other than issuance and liability, this section applies to the credit aspects of combined credit/electronic fund transfer transactions, as applicable.","date_sent_to_company":"2023-08-03T04:38:19.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"7339334","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2023-08-03T04:13:35.000Z","state":"TX","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Until a billing <em>error</em> is <em>resolved</em> under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) <em>Consumer</em> 's right to <em>withhold</em> disputed <em>amount</em> ; collection action prohibited. The <em>consumer</em> need not pay ( and the creditor XXXX not try to collect ) any portion of any required <em>payment</em> that the <em>consumer</em> believes is related to the disputed <em>amount</em> ( including related finance or other charges )."],"product":["Credit reporting, credit repair services, or other personal <em>consumer</em> reports"],"sub_issue":["Their investigation did not fix an <em>error</em> on your report"]},"sort":[20.8812,"7339334"]},{"_index":"complaint-public-v1","_id":"7688347","_score":20.534214,"_source":{"product":"Credit card","complaint_what_happened":"In XXXX and XX/XX/2023, I mailed Synchrony Bank a Billing Error Dispute Affidavit and they did not respond. I informed them also via phone, but I got no response in writing. So on XX/XX/XXXX, I uploaded a notarized version here with the CFPB to get their attention because they were refusing to honor my requests for Documentary Evidence as provided by the law 15 U.S. Code 44 - Definitions Documentary evidence includes all documents, papers, correspondence, books of account, and financial and corporate records. They gave a flimsy answer here around XX/XX/XXXX to CFPB BUT STILL REFUSE to contact me directly to address the real concerns. The affidavit said rebut item for item if you dispute the laws Im standing on because I believe and still believe I was being billed in error for a debt that I did Not owe to Synchrony. Even so, they never stopped their debt collection and demanded payment. I told them on their own recorded lines several times that we are in a billing error dispute and they were to cease collection because I did NOT have to pay until we resolved it by Synchrony providing the Documentary evidence, notifying the credit bureaus of the Dispute ( which they never did ), placing Dispute label on my account ( which they never did ) and responding to my affidavit of truth regarding my billing error dispute ( which is again Re attached ). I made the payment in full but sent another copy of the billing error dispute to them along with payment in full. The payment and billing error dispute were then mailed via USPS certified mail with signature required to the attention of the CEO. They received it on XX/XX/XXXX and it was signed for on that day, but they then pretended until XX/XX/XXXX that they could not find it. Around XXXX XXXX they posted the lawful payment for XX/XX/XXXX and closed my account. This was clearly an act of Aversion as the law prohibits during a billing error dispute. They said the reason was for payment delinquency. This account was never lateI placed them in a billing error dispute according to the law and lawfully withheld my payments. According to the law which states : 12 CFR 1026.13 - Billing error resolution ( Regulation Z ) ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ) It prohibits acts of aversion : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date. \n( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section. \nSynchrony bank violated all of my lawful rights under the billing error dispute and Im not sure if its because they didnt value me as a XXXX XXXX or a person with a XXXX but Im attaching the recording of their own managers agreeing that the account should not have been closed because they saw the dispute on my account finally in late XXXX. Im incurring damage daily as I needed my card for XXXX expenses. I was told in late XXXX the account would be restored within three days. But its XX/XX/XXXX and its still closed and XXXX XXXX who did the previous flimsy lazy response hasnt contacted me nor has XXXX XXXX in the billing inquiries department responded after numerous messages I left for her. I have recorded my number messages for proof and my conversations with Synchriny because they always say it will be recorded so I always say that I agree to the recording of the call and so I record too. Ive attached only two but all of them are available to them or to the CFPB. I want my account reopened with my same {$3800.00} credit limit with {$3800.00} available to me immediately. Correction, the audio files exceed the limit allowed by the CFPB. I can mail on a flash drive if desired. I made copies.","date_sent_to_company":"2023-10-12T06:42:40.000Z","issue":"Closing your account","sub_product":"General-purpose credit card or charge card","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"7688347","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SYNCHRONY FINANCIAL","date_received":"2023-10-12T05:45:12.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Company closed your account"},"highlight":{"complaint_what_happened":["If the cardholder has enrolled in an automatic <em>payment</em> plan offered by the <em>card</em> <em>issuer</em> and has agreed to pay the credit <em>card</em> indebtedness by periodic deductions from the cardholder 's deposit account, the <em>card</em> <em>issuer</em> shall not deduct any part of the disputed <em>amount</em> or related finance or other charges if a billing <em>error</em> notice is received any time up to 3 business days before the scheduled <em>payment</em> date. \n( 3 ) Acceleration of debt and restriction of account prohibited."],"product":["Credit <em>card</em>"],"sub_product":["General-purpose credit <em>card</em> or charge <em>card</em>"],"company_public_response":["Company has responded to the <em>consumer</em> and the CFPB and chooses not to provide a public response"]},"sort":[20.534214,"7688347"]},{"_index":"complaint-public-v1","_id":"7962393","_score":20.268812,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"I furnished a Billing Error Notice to EXETER FINANCE LLC on XX/XX/XXXX sent it via certified mail to the amount of XXXX and was delivered on XX/XX/XXXX. On XX/XX/XXXX EXETER FINANCE LLC had my vehicle repossessed without providing any resolution to the billing error notice that was received in XX/XX/XXXX. This goes against the Truth In Lending Act ( TILA ) According to 12 CFR part 1026.13 ( d ) ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date.\n\nAs well as 12 CFR part 1026.13 ( d ) ( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section.\n\nEXETER FINANCE LLC also failed to provide resolution via mail in proving or disproving the disputes with evidence required as per 12 CFR 1026.13 ( e ) Procedures if billing error occurred as asserted. If a creditor determines that a billing error occurred as asserted, it shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable; and ( 2 ) Mail or deliver a correction notice to the consumer.\n\nAs well as, 12 CFR 1026.13 ( f ) ( 1 ) Mail or deliver to the consumer an explanation that sets forth the reasons for the creditor 's belief that the billing error alleged by the consumer is incorrect in whole or in part ; ( 2 ) Furnish copies of documentary evidence of the consumer 's indebtedness, if the consumer so requests ; and ( 3 ) If a different billing error occurred, correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable. \n\nIn repossessing my vehicle without resolution EXETER FINANCE LLC has not operated in good faith and has not complied with any of the requirements and is now subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ). \nI contacted EXETER FINANCE LLC via phone call on XX/XX/XXXX spoke to two managers to resolve and resolution was again refused. EXETER FINANCE LLC also continued to charge me late fees as well as contact me attempting to collect a debt even after receiving the Billing Error Notice. Attached I have provided the last three statements I received from EXETER FINANCE LLC showing the late charges incurred and no resolution. I am also attaching the Billing Error Notice in question as well as the return receipt confirming it's delivery on XX/XX/XXXX.","date_sent_to_company":"2023-12-07T05:58:00.000Z","issue":"Managing the loan or lease","sub_product":"Loan","zip_code":"33034","tags":null,"has_narrative":true,"complaint_id":"7962393","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Exeter Finance, LLC.","date_received":"2023-12-07T05:38:21.000Z","state":"FL","company_public_response":null,"sub_issue":"Billing problem"},"highlight":{"complaint_what_happened":["If the cardholder has enrolled in an automatic <em>payment</em> plan offered by the <em>card</em> <em>issuer</em> and has agreed to pay the credit <em>card</em> indebtedness by periodic deductions from the cardholder 's deposit account, the <em>card</em> <em>issuer</em> shall not deduct any part of the disputed <em>amount</em> or related finance or other charges if a billing <em>error</em> notice is received any time up to 3 business days before the scheduled <em>payment</em> date."]},"sort":[20.268812,"7962393"]},{"_index":"complaint-public-v1","_id":"3793986","_score":20.159805,"_source":{"product":"Mortgage","complaint_what_happened":"JP Morgan Chase employees refused to fix or address the issues honestly and timely as the law required. so please show proof that a response in writing for the issue I sent a letter on XX/XX/XXXX, XXXX XX/XX/XXXX. \n\nDodd Frank resolution section says if you do not respond in 30 days all interest in my property by your bank is lost for breach of rules and laws. XXXX my records show no such response by you. ) I want proof you complied with the law. ( on both dates ) you are required to give said proof by Dodd Frank and RESPA. My evidence shows proof you did not comply with any requirements of RESPA or Dodd Frank.\n\nDODD FRANK AND RESPA REFERENCES Pyramiding late fees refers to a creditor 's practice of imposing a late fee when a  consumer sends a timely payment in an amount sufficient to cover the regularly scheduled payment but insufficient to cover a prior unpaid late or delinquency fee. If the creditor allocates payments first to late fees, the consumer 's payment only partially covers the currently scheduled payment, resulting in a new late fee. If the consumer continues to pay only the scheduled payment, late fees will continually be assessed ( hence, the phrase pyramiding of late fees ). Section 226.36 ( c ) ( 1 ) ( ii ) requires that if a consumer sends a timely payment sufficient to cover the currently scheduled payment, the creditor can not assess late fees.\n\nError resolution and information requests ( 2013 RESPA Servicing Final Rule ). Servicers are required to meet certain procedural requirements for responding to written information requests or complaints of errors. The rule requires servicers to comply with the error resolution procedures for certain listed errors as well as any error relating to the servicing of a mortgage loan. Servicers may designate a specific address for borrowers to use. Servicers generally are required to acknowledge the request or notice of error within five days. Servicers also generally are required to correct the error asserted by the borrower and provide the borrower written notification of the correction, or to conduct an investigation and provide the borrower written notification that no error occurred, within 30 to 45 days. Further, within a similar amount of time, servicers generally are required to acknowledge borrower written requests for information and either provide the information or explain why the information is not available.\n\nDispute resolution section of the Dodd Frank act ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date.\n\n( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section.\n\nsection 1463 ( a ) of the Dodd-Frank Act adds section 6 ( k ) ( 1 ) ( E ) to RESPA, which provides that a servicer of a federally related mortgage loan must comply with any other obligation found by the [ Bureau ], by regulation, to be appropriate to carry out the consumer protection purposes of this Act. [ 41 ] This provision provides the Bureau authority to establish prohibitions on servicers of federally related mortgage loans appropriate to carry out the consumer protection purposes of RESPA. As discussed below, in light of the systemic problems in the mortgage servicing industry discussed above, the Bureau is exercising this authority in this rule making to implement protections for borrowers with respect to mortgage servicing.\n\n1026.13 Billing error resolution.\n\n( c ) Time for resolution ; general procedures. ( 1 ) The creditor shall mail or deliver written acknowledgment to the consumer within 30 days of receiving a billing error notice, unless the creditor has complied with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within the 30-day period ; and ( 2 ) The creditor shall comply with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within 2 complete billing cycles ( but in no event later than 90 days ) after receiving a billing error notice.\n\n( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date.\n\n( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section.\n\n( 4 ) Permitted creditor actions. A creditor is not prohibited from taking action to collect any undisputed portion of the item or bill ; from deducting any disputed amount and related finance or other charges from the consumer 's credit limit on the account ; or from reflecting a disputed amount and related finance or other charges on a periodic statement, provided that the creditor indicates on or with the periodic statement that payment of any disputed amount and related finance or other charges is not required pending the creditor 's compliance with this section.\n\n( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date.\n\n( 2 ) Adverse credit reports prohibited. The creditor or its agent shall not ( directly or indirectly ) make or threaten to make an adverse report to any person about the consumer 's credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges.\n\n( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section.\n\n( 4 ) Permitted creditor actions. A creditor is not prohibited from taking action to collect any undisputed portion of the item or bill ; from deducting any disputed amount and related finance or other charges from the consumer 's credit limit on the account ; or from reflecting a disputed amount and related finance or other charges on a periodic statement, provided that the creditor indicates on or with the periodic statement that payment of any disputed amount and related finance or other charges is not required pending the creditor 's compliance with this section.\n\n( e ) Procedures if billing error occurred as asserted. If a creditor determines that a billing error occurred as asserted, it shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable ; and ( 2 ) Mail or deliver a correction notice to the consumer.\n\n( f ) Procedures if different billing error or no billing error occurred. If, after conducting a reasonable investigation, a creditor determines that no billing error occurred or that a different billing error occurred from that asserted, the creditor shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Mail or deliver to the consumer an explanation that sets forth the reasons for the creditor 's belief that the billing error alleged by the consumer is incorrect in whole or in part ; ( 2 ) Furnish copies of documentary evidence of the consumer 's indebtedness, if the consumer so requests ; and ( 3 ) If a different billing error occurred, correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable.\n\n( g ) Creditor 's rights and duties after resolution. If a creditor, after complying with all of the requirements of this section, determines that a consumer owes all or part of the disputed amount and related finance or other charges, the creditor : ( 1 ) Shall promptly notify the consumer in writing of the time when payment is due and the portion of the disputed amount and related finance or other charges that the consumer still owes ; ( 2 ) Shall allow any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable, during which the consumer can pay the amount due under paragraph ( g ) ( 1 ) of this section without incurring additional finance or other charges ; ( 3 ) May report an account or amount as delinquent because the amount due under paragraph ( g ) ( 1 ) of this section remains unpaid after the creditor has allowed any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable or 10 days ( whichever is longer ) during which the consumer can pay the amount ; but ( 4 ) May not report that an amount or account is delinquent because the amount due under paragraph ( g ) ( 1 ) of the section remains unpaid, if the creditor receives ( within the time allowed for payment in paragraph ( g ) ( 3 ) of this section ) further written notice from the consumer that any portion of the billing error is still in dispute, unless the creditor also : ( i ) Promptly reports that the amount or account is in dispute ; ( ii ) Mails or delivers to the consumer ( at the same time the report is made ) a written notice of the name and address of each person to whom the creditor makes a report ; and ( iii ) Promptly reports any subsequent resolution of the reported delinquency to all persons to whom the creditor has made a report.\n\n( h ) Reassertion of billing error. A creditor that has fully complied with the requirements of this section has no further responsibilities under this section ( other than as provided in paragraph ( g ) ( 4 ) of this section ) if a consumer reasserts substantially the same billing error.\n\n( i ) Relation to Electronic Fund Transfer Act and Regulation E. If an extension of credit is incident to an electronic fund transfer, under an agreement between a consumer and a financial institution to extend credit when the consumer 's account is overdrawn or to maintain a specified minimum balance in the consumer 's account, the creditor shall comply with the requirements of Regulation E, 12 CFR 1005.11 governing error resolution rather than those of paragraphs ( a ), ( b ), ( c ), ( e ), ( f ), and ( h ) of this section.","date_sent_to_company":"2020-08-13T16:39:00.000Z","issue":"Trouble during payment process","sub_product":"Conventional home mortgage","zip_code":"37716","tags":null,"has_narrative":true,"complaint_id":"3793986","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2020-08-13T15:08:36.000Z","state":"TN","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Until a billing <em>error</em> is <em>resolved</em> under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) <em>Consumer</em> 's right to <em>withhold</em> disputed <em>amount</em> ; collection action prohibited. The <em>consumer</em> need not pay ( and the creditor may not try to collect ) any portion of any required <em>payment</em> that the <em>consumer</em> believes is related to the disputed <em>amount</em> ( including related finance or other charges )."],"issue":["Trouble during <em>payment</em> process"]},"sort":[20.159805,"3793986"]},{"_index":"complaint-public-v1","_id":"3097252","_score":20.146378,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"An impartial review of any complaints submitted to a company is what a consumer who submits a complaint to the CFPB however, when the identical company and the unrelated complainant is assigned to the identical representative to review a mater the independent is marred. { It is what a high ranking officials calls circuit shopping. } It is highly questionable to assign the same individual to the same customer, so I ask my previous and present complaints be overturned. It appears that my complaints are assigned to the same person ( XXXX ) who denies each claim. XXXX rejects my claims by means of inaccurate accounts of the events and manipulating the standards of dispute resolution so as to favor the merchant. Congress passed TILA in XXXX to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him [ and ] to avoid the uninformed use of credit. 15 U.S.C. 1601 ( a ). In XXXX, Congress amended TILA through the passage of the Fair Credit Billing Act ( FCBA ) to protect the consumer against inaccurate and unfair credit billing and credit card practices. Section 302 of the FCBA, Pub. Law 93495 ( XX/XX/XXXX ). Codified at 15 U.S.C. 1601 ( a ) Under the FCBA, as implemented in Regulation Z, credit card issuers have two separate obligations that may apply to merchant disputes. First, under 12 C.F.R. 1026.13 ( a ), issuers must investigate and resolve certain billing errors, including a transaction reflected on a periodic statement involving goods or services that the consumer ( or representative ) did not accept or was not delivered or was not delivered as agreed. Comment 13 ( a ) ( 3 ) -1 of the official staff commentary ( commentary ) for Regulation Z provides these examples for this type of billing error : the appearance on a periodic statement of a purchase when the consumer refused to take delivery of the goods because the goods did not comply with the contract ; delivery of property or services different from that agreed upon ; delivery of the wrong quantity ; late delivery ; or delivery to the wrong location. A credit card issuers compliance obligation under 1026.13 ( a ) is triggered when the consumer sends a written notice to the issuer within 60 days after the issuer provides the periodic statement that reflects the alleged billing error. 12 C.F.R. 1026.13 ( b ) ( 1 ) The consumer is not required to notify the merchant and attempt to resolve the dispute, assuming the consumer did not accept the goods. 12 C.F.R. 1026.13 CFPB Official interpretation of Paragraph 13 ( a ) ( 3 ). I reasoned with XXXX that was not delivered as agreed and it did not comply with the contract. XXXX contends that the bumper was delivered damaged and was sent back this caused a delay. I stated that was not true. I called the company and they said they have no record of this bumper. I further reminded her of the fact XXXX XXXX XXXX XXXX XXXX misrepresented a document claiming it was an authorization to work on the vehicle ; in actuality it was a document stating I was satisfied with the work. The false and deceptive evidence would satisfy a reasonable minded person that XXXX   XXXX XXXX XXXX XXXX regularly participate in dishonest and fraudulent business practices. It is obvious to a duck that the dates on this document are several days apart in addition the date the vehicle was delivered several weeks earlier evincing deceptive business practices. I received a copy of that document from Capital One several weeks after I filed a dispute and requested the information. \nUnder the Fair Credit Billing Act, I have the right to withhold payment of the disputed amount while the dispute investigation was pending. Capital One XXXX did not withhold payment and credit my account while she investigated the dispute. XXXX predetermined biased opinion decided against crediting my account, and did not afford my right to withhold payment until the matter was resolved ; this is in violation of 12 CFR 1026.13 ( d ) ( 1 ). \nXXXX requested information she knew did not exist nor could be produced without manufacturing it. A reasonable minded person would know that after repairs to any object one may only  SPECULATE what it would take to repair it. An estimate from another body shop other than the submitted ALL STATE ESTIMATE taken during the time of the incident and XXXX XXXX XXXX is all that can accurately depict the damages and offer a precise estimate including time ; any other estimates would be speculation. XXXX should demonstrate some empathy and consider herself in this situation with these criminal minded law breakers and XXXX XXXX XXXX. Until a billing error is resolved, I am entitled to withhold payment to the card issuer for the amount owed the merchant and any associated finance charges, and the issuer is prohibited from reporting negative information about the consumers credit standing ( for example, to a consumer reporting agency ) because the consumer failed to pay this amount. When I pointed out the flaws in her decision to uphold the {$500.00} deductible she indicated regulation importance or irrelevance or otherwise simply shrugged it off. The regulations for a dispute are found and these regulations are uniform and each creditor are bound by its undeviating guidelines. \nXXXX informs me she was assigned also to the {$3800.00} dispute for an air conditioning unit. I said that is interesting as she was assigned to each complaint mentioned and she unscrupulously denied each as she manipulated the contents of the investigation so as to favor the merchants. Capital One and Master Card have determined that the AC Unit does not qualify for reimbursing as they have defined it a permanent fixture. The term permanent fixture is unconstitutionally vague and is broad in scope. I have submitted documentation regarding my position. The issue is the reason for denial the term permanent fixture any other rejoinder on the matter is closed as card issuer ( s ) had an opportunity to include this in their initial denial, as such the only issues is the term permanent fixture. XXXX is and should declare herself to be disqualified to review any of my complaints because of possible bias or personal interest. I feel any decision XXXX made should be investigated to determine if she observed the regulations or her on selfish interest. \nXXXX stated she would be seeking information from the credit bureau ( s ) regarding the issue of 61 point drop in my credit score.  XX/XX/XXXX XXXX stated she was not authorized to provide any information on my credit score even though she sought and received such information. She was reminded that she said she would provide this information and she refused, citing she would forward the contact information so I would contact the credit bureau ( s ). This was not the promise. XXXX rely on the CFPB does not take any immediate action. XXXX, Master Card and Capital One gross regulatory violation will perhaps one day be fully investigated but not today so they do not respect CFPB or dispute regulations as described above. I informed her I would be seeking a court decision in the future as the evidence as stated above and in prior complaints prove irregularities regarding regulation observance and prejudiced dispute resolutions favoring the merchant. XXXX response that is my right and is there anything else. I said no thank you and good bye. \n\nIt is obvious that Capital One and their representative ( s ) refuse to  comply with current regulations and further have demonstrated prejudice to me a customer. In addition a reasonable minded person is a \" thoughtful observer rather than... a hypersensitive or unduly suspicious person. '' Finally, a reasonable person is able to appreciate the significance of the facts in light of relevant legal standards and judicial practice and can discern whether any appearance of impropriety is merely an illusion. One of the fundamental rights of consumer is that he is entitled to a fair investigation in a fair tribunal, and that fairness requires an absence of actual bias or prejudice in the investigation of the case. The right to a fair and impartial investigation is fundamental to the me the consumer ; fundamental to the dispute process and it fosters the public 's confidence in the impartiality investigations over which they manage.","date_sent_to_company":"2018-12-11T10:34:29.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"General-purpose credit card or charge card","zip_code":"275XX","tags":null,"has_narrative":true,"complaint_id":"3097252","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2018-12-11T10:03:58.000Z","state":"NC","company_public_response":null,"sub_issue":"Credit card company isn't resolving a dispute about a purchase on your statement"},"highlight":{"complaint_what_happened":["Until a billing <em>error</em> is <em>resolved</em>, I am entitled to <em>withhold</em> <em>payment</em> to the <em>card</em> <em>issuer</em> for the <em>amount</em> owed the merchant and any associated finance charges, and the <em>issuer</em> is prohibited from reporting negative information about the <em>consumers</em> credit standing ( for example, to a <em>consumer</em> reporting agency ) because the <em>consumer</em> failed to pay this <em>amount</em>."],"product":["Credit <em>card</em> or prepaid <em>card</em>"],"sub_product":["General-purpose credit <em>card</em> or charge <em>card</em>"],"sub_issue":["Credit <em>card</em> company isn't resolving a dispute about a purchase on your statement"]},"sort":[20.146378,"3097252"]},{"_index":"complaint-public-v1","_id":"20161003","_score":20.119408,"_source":{"product":"Credit card","complaint_what_happened":"Complaint response regarding Capital One incorrect explanation continued withholding of funds and consumer harm. \n\nCapital One response does not address the facts of my complaint and contains a material factual error. \nCapital One states that my account restriction was triggered by a XX/XX/year> payment of {$1800.00} from a XXXX Bank account ending in XXXX. This statement is incorrect. \nMy transaction records clearly show that the {$1800.00} payment from the Regions account was cancelled and replaced with a payment of the same amount from my own Capital One 360 account on XX/XX/year>. Therefore the {$1800.00} was never taken from the Regions account. \nThe only Regions transaction that actually settled was a {$500.00} payment on XX/XX/year>. \nAfter discovering the mistake I reimbursed the owner of the Regions account in full and added {$5.00} making the total repayment {$500.00} on XX/XX/year>. No party suffered any financial loss. \nDespite this Capital One continues to maintain an account restriction and continues withholding {$1000.00} consisting of merchant refunds and rewards that belong to me. \nCapital One response also states that these funds can not be released until the restriction is cleared and that the restriction can only be cleared if I provide proof of authorization to use the Regions account or arrange a conference call with the bank and the account holder. \nThis demand is impossible to satisfy because the Regions account never belonged to me and I never had authority over it. Capital One representatives have repeatedly insisted that I must provide documentation confirming that I had authorization to use that account even though it was never my account. Complying with such a request would require me to misrepresent facts to a financial institution which would itself be improper conduct. \nIn effect Capital One has created an impossible condition that allows the bank to indefinitely withhold my funds. \nIn addition Capital One has removed the credited refunds and rewards from the visible account balance while continuing to demand payment on the credit card and continuing to charge interest and late fees. \nOver the course of this dispute I have spent hundreds of hours attempting to resolve this issue through Capital One customer service and fraud department. I have repeatedly explained the same facts to numerous representatives who had no authority to resolve the issue and who continued repeating the same impossible demand. \nThis prolonged process has caused significant inconvenience distress and disruption and has effectively resulted in months of unnecessary harassment in a situation where no financial loss occurred and the original mistake was promptly corrected. \nI am also concerned that the CFPB closed my complaint without fully reviewing the evidence that I submitted. I provided detailed transaction records showing the cancelled {$1800.00} transaction and the reimbursement of the Regions account holder. Capital One on the other hand did not provide documentary evidence supporting its explanation. Closing the complaint without examining the evidence submitted by both parties appears to have allowed an incorrect narrative to stand unchallenged. \nCapital One conduct in this matter raises concerns regarding unfair or abusive practices including the continued withholding of funds that belong to the consumer while imposing conditions that can not reasonably be satisfied. \nI respectfully request that Capital One be required to release the withheld funds and rewards totaling {$1000.00} correct the factual errors regarding the {$1800.00} transaction remove the account restriction or allow account closure once funds are released reverse any interest charges or fees related to this dispute provide compensation for the extensive time inconvenience and distress caused by this prolonged dispute and provide a written explanation supported by the actual transaction records.","date_sent_to_company":"2026-03-11T12:11:08.000Z","issue":"Closing your account","sub_product":"General-purpose credit card or charge card","zip_code":"37934","tags":null,"has_narrative":true,"complaint_id":"20161003","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2026-03-11T11:59:50.000Z","state":"TN","company_public_response":null,"sub_issue":"Can't close your account"},"highlight":{"complaint_what_happened":["In effect Capital One has created an impossible condition that allows the bank to indefinitely <em>withhold</em> my funds. \nIn addition Capital One has removed the credited refunds and rewards from the visible account balance while continuing to demand <em>payment</em> on the credit <em>card</em> and continuing to charge interest and late fees. \nOver the course of this dispute I have spent hundreds of hours attempting to <em>resolve</em> this <em>issue</em> through Capital One customer service and fraud department."],"product":["Credit <em>card</em>"],"sub_product":["General-purpose credit <em>card</em> or charge <em>card</em>"]},"sort":[20.119408,"20161003"]},{"_index":"complaint-public-v1","_id":"8371772","_score":19.677443,"_source":{"product":"Credit card","complaint_what_happened":"In accordance with the Electronic Fund Transfer Act, it has come to light that DISCOVER BANK has not appropriately credited my account with the dividend payments and interest derived from my Treasury Coupons for certificates of indebtedness.\n\n15 U.S. Code 1666d. Treatment of credit balances Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall ( A ) credit the amount of the credit balance to the consumer 's account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumer 's current location is not known by the creditor and can not be traced through the consumer 's last known address or telephone number.\n\nFURTHERMORE because I submitted a billing dispute error I the consumer am to be protected by 1026.13 Billing error resolution.\n\n1026.13 ( d ) ( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date.\n\n( 2 ) Adverse credit reports prohibited. The creditor or its agent shall not ( directly or indirectly ) make or threaten to make an adverse report to any person about the consumer 's credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges.\n\n( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section.\n\n( 4 ) Permitted creditor actions. A creditor is not prohibited from taking action to collect any undisputed portion of the item or bill ; from deducting any disputed amount and related finance or other charges from the consumer 's credit limit on the account ; or from reflecting a disputed amount and related finance or other charges on a periodic statement, provided that the creditor indicates on or with the periodic statement that payment of any disputed amount and related finance or other charges is not required pending the creditor 's compliance with this section NOT TO MENTION DISCOVER Billing Rights What Will Happen After We Receive Your Letter or Web Submission When we receive your written or electronic notice, we must do two things : 1. Within 30 days of receiving your notice, we must tell you that we received it.\n\nWe will also tell you if we have already corrected the error.\n\n2. Within 90 days of receiving your notice, we must either correct the error or explain to you why we believe the bill is correct.\n\nWhile we investigate whether or not there has been an error : We can not try to collect the amount in question, or report you as delinquent on that amount.\n\nThe charge in question may continue to appear on your statement.\n\nWhile you do not have to pay the amount in question, you are responsible for the remainder of your balance.\n\nWe can apply any unpaid amount against your credit limit","date_sent_to_company":"2024-02-20T05:51:39.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"General-purpose credit card or charge card","zip_code":"770XX","tags":null,"has_narrative":true,"complaint_id":"8371772","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"DISCOVER BANK","date_received":"2024-02-20T05:19:15.000Z","state":"TX","company_public_response":null,"sub_issue":"Credit card company isn't resolving a dispute about a purchase on your statement"},"highlight":{"complaint_what_happened":["If the cardholder has enrolled in an automatic <em>payment</em> plan offered by the <em>card</em> <em>issuer</em> and has agreed to pay the credit <em>card</em> indebtedness by periodic deductions from the cardholder 's deposit account, the <em>card</em> <em>issuer</em> shall not deduct any part of the disputed <em>amount</em> or related finance or other charges if a billing <em>error</em> notice is received any time up to 3 business days before the scheduled <em>payment</em> date.\n\n( 2 ) Adverse credit reports prohibited."],"product":["Credit <em>card</em>"],"sub_product":["General-purpose credit <em>card</em> or charge <em>card</em>"],"sub_issue":["Credit <em>card</em> company isn't resolving a dispute about a purchase on your statement"]},"sort":[19.677443,"8371772"]},{"_index":"complaint-public-v1","_id":"4815687","_score":19.014526,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"I sent Capital One written correspondent about correcting a billing error on XX/XX/21 Capital One responded with immediate closure of both my credit card account and reported it as closed to the credit reporting agencies causing me damages. Pursuant to 15 U.S. Code 1602 ( 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.\n\nPursuant to 12 CFR 1026.13 ( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date.\n\nFact, affiant is aware and has proof in attachment labeled as exhibit A that CAPITAL ONE is still trying to collect.\n\n( 2 ) Adverse credit reports prohibited. The creditor or its agent shall not ( directly or indirectly ) make or threaten to make an adverse report to any person about the consumer 's credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges. \nFact, affiant is aware and has proof in attachment labeled as exhibit B that CAPITAL ONE reported it to the credit agency as closed. \n( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section. \nFact, affiant is aware and has proof in attachment labeled as exhibit C that CAPITAL ONE has violated my rights as a federal protected consumer by taking adverse action against me when written notice was received for account CAPITAL ONE restricted and closed both of my accounts, which were in good standing without my consent. Note that account was not addressed in exhibit D but was subsequently and now closed.\n\nPursuant to 15 U.S. Code 1666 ( d ) RESTRICTING OR CLOSING BY CREDITOR OF ACCOUNT REGARDED BY OBLIGOR TO CONTAIN A BILLING ERROR Pursuant to regulations of the Bureau, a creditor operating an open end consumer credit plan may not, prior to the sending of the written explanation or clarification required under paragraph ( B ) ( ii ), restrict or close an account with respect to which the obligor has indicated pursuant to subsection ( a ) that he believes such account to contain a billing error solely because of the obligors failure to pay the amount indicated to be in error. Nothing in this subsection shall be deemed to prohibit a creditor from applying against the credit limit on the obligors account the amount indicated to be in error.\n\nFact, affiant is aware and has proof in attachment labeled as exhibit C that CAPITAL ONE has violated my rights as a federal protected consumer by taking adverse action against me when written notice was received for account. CAPITAL ONE restricted and closed both of my accounts, which were in good standing without my consent. Note that account was not addressed in exhibit D but was subsequently and now closed. \n( e ) EFFECT OF NONCOMPLIANCE WITH REQUIREMENTS BY CREDITOR Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}. \nRead the Attached correspondent","date_sent_to_company":"2021-10-16T23:49:37.000Z","issue":"Closing your account","sub_product":"General-purpose credit card or charge card","zip_code":"799XX","tags":null,"has_narrative":true,"complaint_id":"4815687","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2021-10-16T23:25:09.000Z","state":"TX","company_public_response":null,"sub_issue":"Company closed your account"},"highlight":{"complaint_what_happened":["If the cardholder has enrolled in an automatic <em>payment</em> plan offered by the <em>card</em> <em>issuer</em> and has agreed to pay the credit <em>card</em> indebtedness by periodic deductions from the cardholder 's deposit account, the <em>card</em> <em>issuer</em> shall not deduct any part of the disputed <em>amount</em> or related finance or other charges if a billing <em>error</em> notice is received any time up to 3 business days before the scheduled <em>payment</em> date."],"product":["Credit <em>card</em> or prepaid <em>card</em>"],"sub_product":["General-purpose credit <em>card</em> or charge <em>card</em>"]},"sort":[19.014526,"4815687"]},{"_index":"complaint-public-v1","_id":"5722136","_score":18.942274,"_source":{"product":"Mortgage","complaint_what_happened":"Violation of of XXXX Laws 12 CFR 1026.13 ( 1 ) The creditor shall mail or deliver written acknowledgment to the consumer within 30 days of receiving a billing error notice, unless the creditor has complied with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within the 30-day period; and ( 2 ) The creditor shall comply with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within 2 complete billing cycles ( but in no event later than 90 days ) after receiving a billing error notice. \n( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( XXXX ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to XXXX business days before the scheduled payment date. \n( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section. \n\n( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable; and ( XXXX ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section. \nVIOLATION OF PRIVACY ACT OF 1974 ITS TOTALLY BS AND BALONEY TO STATE PRIVACY VIOLATION WAS ATTORNEY INFORMATION WAS MAILED. FIRST CONTACT INFORMATION RECEIVED FROM SLS ON XX/XX/XXXX DATED XX/XX/XXXX WITHOUT POST MARK DATE EXHIBIT A. \nMORTGAGE STATEMENT WAS MAILED TO XXXX XXXX XXXX, XXXX, CA XXXX WAS MAILED AND ADDRESS TO XXXX NOT ATTORNEY. \nI CALLED SLS ON XX/XX/XXXX AND RECEIVED EMAIL ATTACHMENT STATEMENT MAILED TO UNDISCLOSED LOCATION. MY FIRST WRITTEN COMMUNICATION ATTACHED WAS ON XX/XX/XXXX AND DELIVERY CONFIRMATION. I DID NOT PROVIDE ANYTHING ABOUT MY ATTORNEY IN MY ATTACHED DISPUTE. \nSTATEMENT DATED XX/XX/XXXX WAS MAILED BEFORE WE WERE CONTACTED AND BEFORE CONTACT SLS. \nTHIS VIOLATION OF PRIVACY ACT OF 1974. \nFAILURE TO VALIDATE DEBT 15 U.S. Code 1692g - Validation of debts Response to my company states SLS paid {$3200.00} in les than 10 and violated Federal law failure to validate debt. I do not anything about what was paid, and I do not have any bills. If do not SLS violated federal law by not validating the debt.","date_sent_to_company":"2022-06-29T18:13:51.000Z","issue":"Trouble during payment process","sub_product":"Conventional home mortgage","zip_code":"95823","tags":null,"has_narrative":true,"complaint_id":"5722136","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Specialized Loan Servicing Holdings LLC","date_received":"2022-06-29T17:51:50.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["Until a billing <em>error</em> is <em>resolved</em> under paragraph ( XXXX ) or ( f ) of this section, the following rules apply : ( 1 ) <em>Consumer</em> 's right to <em>withhold</em> disputed <em>amount</em> ; collection action prohibited. The <em>consumer</em> need not pay ( and the creditor may not try to collect ) any portion of any required <em>payment</em> that the <em>consumer</em> believes is related to the disputed <em>amount</em> ( including related finance or other charges )."],"issue":["Trouble during <em>payment</em> process"],"company_public_response":["Company has responded to the <em>consumer</em> and the CFPB and chooses not to provide a public response"]},"sort":[18.942274,"5722136"]},{"_index":"complaint-public-v1","_id":"3156484","_score":18.284328,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"After many phone calls to XXXX XXXX they refuse to answer the phone on a Charge that i never sign or had any dealings with! From a Merchant with no consent nor was any card swipe or used!!!!  THIS MERCHANT STOLE FUNDS MY ACCOUNT CALLED XXXX XXXX XXXX  XXXX XXXX XXXX, XXXX, NY Transportation Edit - $ XXXX-Under the FCBA, your liability for unauthorized use of your credit card tops out at {$50.00}. However, if you report the loss before your credit card is used, the FCBA says you are not responsible for any charges you didnt authorize. If your credit card number is stolen, but not the card, you are not liable for unauthorized use.If your credit, ATM, or debit card is lost or stolen, federal law limits your liability for unauthorized charges. The XXXX XXXX place a fake charge on the account. But Why??? Credit Card Loss or Fraudulent Charges Under the FCBA, your liability for unauthorized use of your credit card tops out at {$50.00}. However, if you report the loss before your credit card is used, the FCBA says you are not responsible for any charges you didnt authorize. If your credit card number is stolen, but not the card, you are not liable for unauthorized use.If you report an ATM or debit card missing before someone uses it, the EFTA says you are not responsible for any unauthorized transactions. If someone uses your ATM or debit card before you  report it lost or stolen, your liability depends on how quickly you report it : The liable for those transactions are XXXX XXXX XXXX  XXXX XXXX XXXX, XXXX, NY not so superior! \nPlease Note : Most fraud prevention features are designed for card-present environments. Visa, for example, has deployed a number of anti-fraud measures designed to make card reproduction extremely difficult, including holograms and embossed security characters on the face of the card. Moreover, the signature and magnetic strip on the back of the card are designed to ensure that the person using the card is the actual cardholder. Merchants are not liable for fraud when card-present transactions are properly authenticated. \nOnline platforms, however, typically facilitate card-not-present transactions ( card payments made without physically swiping a card ). On a website, buyers enter credit card data into a form they do not hand their card to a cashier. Unfortunately, card-not-present transactions are highly susceptible to fraud and abuse, for which merchants and payment facilitators are held liable. \nChargebacks. \nWhen a cardholder disputes a charge with their bank ( the issuing bank ), the bank may reverse the payment and refund the cardholder, after an investigation. This is called a chargeback. \nCardholders are protected from the financial liability of unauthorized credit card transactions by Regulation Z of the Truth in Lending Act and unauthorized debit card transactions by Regulation E of  the Electronic Fund Transfer Act. Card Associations have even broader rules with further added protections. When fraudulent transactions do occur, a well-defined chain of liability determines who is ultimately responsible for making restitution to the cardholder. Payment facilitators must recover chargebacks from merchants who generate them, or else write off the full amount of the chargeback as a loss. \nFor chargebacks resulting from card-not-present transactions, the issuing bank recovers the funds from the merchants bank ( the acquiring bank ), and the acquiring bank recovers the funds from the merchant. \nSince most chargebacks are received weeks or months after the original payment, it is sometimes difficult to recover the funds from the merchant. This is why acquirers are so conservative in their underwriting : an acquirer will typically research the financial stability, creditworthiness, and underlying riskiness of a business ; it will implement special funding policies ( such as reserves or holdbacks ) to  mitigate loss ; and it will require personal guarantees from business owners, whom it will hold personally liable for the businesss financial obligations. \nConsumer Protections Available Regulation Z The Truth in Lending Act ( TILA ), as implemented by Regulation Z, provides a billing error dispute process for open-end credit, such as credit cards. In order to take advantage of the protections offered by Regulation Z, you must notify the lender of any billing errors by : providing the notice in writing, enabling the lender to identify your name and account number, stating why you believe there is a billing error, including the type, date, and amount of the error, and sending the notice in a timely manner so that the lender receives it, at the address specified for billing inquiries, no later than 60 days after the lender sent the first billing statement reflecting the error. \nOnce you properly notify the lender about an error on your statement, it must acknowledge that it received this notification within 30 days, unless the problem has been resolved. The lender must investigate and resolve the issue within two complete billing cycles ( but in no event later than 90 days ) after receiving the billing error notice.\n\nWhile the lender conducts its investigation into the billing error : You may withhold payment of the disputed amount and related charges ( but any part of the bill not in question, including finance charges on undisputed amounts must be paid in accordance with account terms ).\n\nThe lender may not take legal or collection action on the disputed amount.\n\nThe lender may not report your account as delinquent, accelerate your debt, restrict your account, or close your account.\n\nIf the lender confirms there is a billing error on your account, it must send you a written explanation of the corrections made to your account. In addition to crediting your account for the disputed amount, the lender must also remove all finance charges, late fees, or other charges related to the error. If the investigation reveals no error occurred, it must send you a written explanation of the amount you owe, and you are responsible for paying the disputed amount, plus any finance charges that accumulated during the investigation. \nYou may request copies of relevant documents used in the lenders investigation. If you disagree with the results of the investigation, you may write to the lender within 10 days after receiving the explanation, and you may indicate that you refuse to pay the disputed amount. The lender may begin collection procedures and may report your account as delinquent to credit reporting agencies, but it must also note that you disagree with the amount owed.\n\nIn addition to the consumer protections associated with billing errors, Regulation Z also contains special credit card provisions that limit your liability for unauthorized use of a credit card. A credit card holders liability is limited to {$50.00} for unauthorized use before the cardholder notifies the card issuer. Notification may be given in person, by telephone, or in writing.\n\nRegulation E The Electronic Fund Transfer Act ( EFTA ), as implemented by Regulation E, provides basic protections for consumers with electronic direct deposits or who use debit cards to access their deposit account held directly or indirectly at a bank. These protections include timeframes by which a bank must investigate and determine whether an error occurred when you notify your bank of an error and, in some cases, requirements to provide provisional credit while the investigation is performed. \nFor example, if you notify your bank of a potential account error, Regulation E requires a bank to investigate and determine whether an error occurred within 10 business days of receiving your notice ( or 20 business days for new accounts ). If a bank is unable to complete its investigation within the appropriate timeframe, it may take up to 45 days to determine whether an error occurred. But in these cases, banks must generally provide consumers with a provisional credit to their account within 10 days of the bank receiving the error notice. Also, banks must notify consumers about the provisional credit within two days of providing the credit.\n\nSome banks may require you to submit an error notice in writing after you provide notice orally. If the bank does not receive written confirmation within 10 business days of receiving the initial notice of an error, the bank is not required to provide provisional credit. The time period for the investigation may be extended to 90 days if the error involved an electronic transfer initiated outside of the United States, a point-of-sale debit card transaction, or a transaction involving a new account within 30 days of being opened.\n\nIf the bank determines there is an error on your account, it must correct the error within one business day after confirming it and report the results to you within three business days after completing its investigation ( including, if applicable, notice that a provisional credit has been made final ).\n\nIf a bank determines that no error occurred or that an error occurred in a manner or amount different from that described in your notice, the bank must send a written explanation of its findings and note your right to request the documents the bank relied on for its investigation. When the bank debits the funds provisionally credited to your account during the investigation, it must provide you with the date and amount debited. In addition, the bank must inform you that it will honor checks, drafts, or similar instruments payable to third parties and preauthorized transfers from your account ( without charge as a result of an overdraft ) for five business days after the notification.\n\nDisputing a Credit Card Billing Error Many credit card issuers have policies against sellers charging a credit card account before shipment. If you think a seller charged your account too soon, report it to the credit card issuer. Otherwise, the issuer has no way to know the seller isnt following its policies.\n\nTo dispute the billing error with your credit card issuer, you must : write to the credit card issuer at the address given for billing inquiries, not the address for sending your payments, and include your name, address, account number, and a description of the billing error. Use our sample letter.\n\nsend your letter so that it reaches the credit card issuer within 60 days after the first bill with the error was mailed to you. Its a good idea to send your letter by certified mail ; ask for a return receipt so you have proof of what the credit card issuer received. Include copies ( not originals ) of sales slips or other documents that support your position. Keep a copy of your dispute letter.\n\nThe credit card issuer must acknowledge your complaint, in writing, within 30 days after receiving it, unless the problem has been resolved. The issuer must resolve the dispute within two billing cycles ( but not more than 90 days ) after getting your letter.\n\nYou may withhold payment on the disputed amount ( and related charges ) during the investigation. You must pay any part of the bill not in question, including finance charges on the undisputed amount.\n\nThe credit card issuer may not take any legal or other action to collect the disputed amount and related charges ( including finance charges ) during the investigation. While your account cant be closed or restricted, the disputed amount can be applied against your credit limit.\n\nBut what if You placed an order with a catalog company and they charged your credit card immediately. The catalog company contacts you two weeks later and says the shipment will be delayed 60 days. You agree to the delay. The 60 days have passed, and you may be outside of the time to dispute the charges. Can you still dispute the charge?\n\nMaybe. When a shipment is delayed, credit card issuers often are more generous when they calculate the time for allowing disputes, and may extend the 60-day period. To take advantage of this flexibility, include the following information in your dispute letter.\n\nTell the credit card issuer if you didnt expect to be charged for the merchandise before it was shipped. Some credit card issuers make an exception to the general industry rule against sellers charging before shipping if the seller tells you about its practice at the time of sale. If youre sure the seller said nothing or wasnt clear about its charge practice, the credit card issuer is more likely to allow the dispute.\n\nTell the credit card issuer when delivery was expected. Some issuers use the expected date of delivery rather than the charge date as the start time for you to dispute charges. If you dispute the charge within a reasonable time after the expected delivery date passes, chances are good that the card issuer will honor the dispute. When you order or when a seller notifies you of delayed shipment, its important to keep a record of the promised shipment or delivery date. Include a copy of any documentation of the shipment or delivery date when disputing the charge with your card issuer.\n\nDisputing a Debit Card Charge The consumer protections for a debit card differ from protections for a credit card. You may not be able to dispute a debit and get a refund for non-delivery or late delivery. Still, some debit card issuers may voluntarily offer protections and solutions to problems like not getting merchandise you bought with a debit card. See our sample letter, and contact your debit card issuer for more information.\n\nYour Rights When Shopping by Phone, Mail or Online The Mail, Internet, or Telephone Order Merchandise Rule applies to most goods you order by mail, phone, fax, or online. It requires sellers to have a reasonable basis for claiming they can ship an order within a certain time and details what sellers should do if there is a delay.\n\nShip Dates By law, a seller should ship your order within the time stated in its ads or over the phone. If the seller doesnt promise a time, you can expect it to ship your order within 30 days.\n\nThe shipment clock begins when the seller receives a properly completed order. That includes your name, address and payment ( check, money order or authorization to charge an existing credit account whether the account is charged at that time or not ).\n\nIf the seller doesnt promise a shipping time, and you are applying for credit to pay for your purchase, the seller has an additional 20 days ( 50 days total ) to establish the account and ship the merchandise.\n\nDelays If the seller is unable to ship within the promised time, it must notify you, give a revised shipping date and give you the chance to cancel for a full refund or accept the new shipping date. The seller also must give you some way to exercise the cancellation option for free for example, by supplying a prepaid reply card or staffing a toll-free telephone number.\n\nIf you dont respond and the delay is 30 days or less its assumed that you accept the delay and are willing to wait for the merchandise.\n\nIf you dont respond and the delay is more than 30 days the order must be canceled by the 30th day of the delay period and a full refund issued promptly.\n\nIf the seller cant meet the revised shipping date, it must notify you again by mail, email or telephone and give you a new shipping date or cancel your order and give you a refund.\n\nThe order should be canceled and a refund issued promptly unless you indicate by the revised shipping date that you are willing to wait.\n\nIf you dont respond to the second notice, the seller should assume that you are not willing to wait issue a full refund promptly.\n\nRefunds If you pay by cash, check or money order, or a non-seller credit card, the seller must give you a refund within seven working days after the order is canceled.\n\nIf you pay by credit card where the seller is the card issuer, the seller must credit your account within one billing cycle after the order is canceled.\n\nShopping Tips Follow these tips for hassle-free shopping.\n\nConsider your experience with the company or its general reputation before you order. If youve never heard of the seller, enter its name in a search engine with words like complaint or scam, and read about other peoples experiences with the company. In addition, contact your state Attorney General, and local consumer protection agency to see if any complaints are on file.\n\nCheck out the companys refund and return policies, the items availability, and the total cost of your purchase before you place your order.\n\nGet a shipment date.\n\nKeep records of your order, like the website, ad or catalog from which you ordered ; the companys name, address and phone number ; any promises the company made about shipping and when they were made ; the date of your order ; and a copy of the order form you sent to the company. If youre ordering by phone, keep a list of the items, their stock codes, and the order confirmation code ; your canceled check or the charge or debit statement showing the charge for your order ; and any communications to or from the company.\n\nTrack your purchases. When you order online, keep printouts of the web pages with the details of the transaction, including the sellers return policies, in case youre not satisfied.Complaints help the FTC and other law enforcement agencies bring scam artists to justice and put an end to unfair and misleading business practices. If you have a complaint, file it online or call XXXX. \nCredit Cards, Personal Finance At XXXX, we adhere to strict standards of editorial integrity to help you make decisions with confidence. Many or all of the products featured here are from our partners. Heres how we make money. \n\nIf you see a purchase on your credit card statement that you didnt make, be sure to correct the mistake right away. It could be a simple mistake like a double swipe of your card, for example or it could be someone trying to make a little extra money off of a restaurant bill. Heres how to fix a mistake on your statement, and to make sure youre safe. \n1. Talk to the merchant Before you get yourself involved in a lengthy formal dispute, speak with the merchant. Bring your receipt and credit card statement, and take the time to explain the discrepancy. The merchant may clear up the mistake without having to involve the credit card company. If not, take your complaint to the next level. \n2. Prepare your paperwork While the error on your statement might seem obvious to you, you still need to make a strong case. Keep a record of the receipts, credit card statement and anything else that can add to the paper trail. Errors to look out for include : Returns that didnt lead to a credit on your statement.\n\nErroneous dates.\n\nBills sent to the wrong address ( so long as youve notified your creditor of your address change within 20 days ).\n\nMathematical errors. \nAnd, of course, charges for purchases you didnt make. \n\nGather any relevant receipts and documents supporting your claims and make copies. Keep the originals for your records, and gather the copies for your creditor. \n\nRemember : Never give your account information to someone you dont know, and avoid emailing sensitive data like your account number or Social Security number. Also, never give your information when a caller claims to represent your bank or card issuer. Instead, say youll call back, then call the customer service number listed on the banks website or the back of your card. Dont fall victim to a scam! \nWrite to your creditor Within 60 days of receiving the bill in question, send a letter outlining your objection and copies of your proof in an envelope addressed to your creditors department for billing inquiries. To be on the safe side, send the letter by certified mail, so you receive a receipt when it arrives at your creditors headquarters. Save the receipt proving they received your dispute with the other documents youre using to make your case. \n\nYou can also choose to dispute electronically, if the creditors website allows for that. Save any emails you get in return saying your dispute was received. \nFinal stretch : waiting for a response You creditor is required to respond within 30 days of your complaint, and the dispute must be resolved within 90 days, or two billing cycles.\n\nIn the meantime, you dont have to pay for the purchase in question, you must only pay for everything else on your statement. However, keep in mind that if your creditor finds your evidence insufficient, youll have to pay for the purchase in question, plus any interest that has accrued since. \n\nIf your creditor accepts your claim, all charges related to the error will be removed from your statement. If it does not accept your claim, it has to explain to you in writing exactly why the mistake is in fact a not a mistake, and youll have 10 days to challenge that conclusion.","date_sent_to_company":"2019-02-20T07:42:14.000Z","issue":"Problem with a purchase or transfer","sub_product":"General-purpose prepaid card","zip_code":"14228","tags":null,"has_narrative":true,"complaint_id":"3156484","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AMERICAN EXPRESS COMPANY","date_received":"2019-02-20T02:03:12.000Z","state":"NY","company_public_response":null,"sub_issue":"Card company isn't resolving a dispute about a purchase or transfer"},"highlight":{"complaint_what_happened":["The <em>issuer</em> must <em>resolve</em> the dispute within two billing cycles ( but not more than 90 days ) after getting your letter.\n\nYou may <em>withhold</em> <em>payment</em> on the disputed <em>amount</em> ( and related charges ) during the investigation. You must pay any part of the bill not in question, including finance charges on the undisputed <em>amount</em>.\n\nThe credit <em>card</em> <em>issuer</em> may not take any legal or other action to collect the disputed <em>amount</em> and related charges ( including finance charges ) during the investigation."],"product":["Credit <em>card</em> or prepaid <em>card</em>"],"sub_product":["General-purpose prepaid <em>card</em>"],"sub_issue":["<em>Card</em> company isn't resolving a dispute about a purchase or transfer"]},"sort":[18.284328,"3156484"]},{"_index":"complaint-public-v1","_id":"2727277","_score":17.95754,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"I disputed a charge on my Bank of America ( \" B of A '' ) Visa Card for an online purchase. Upon receipt of the product, it turned out to be a recurring billing scam by a merchant that had been repeatedly shut down through FTC enforcement action. I disputed the charge with B of A and initially was given a temporary credit. A month later, I received a letter in the mail dated several days earlier and giving me just a few days to respond or the charge was to be reversed and placed back on my credit card. \n\n\nI do not believe this is in line with the Fair Credit Billing Act ( \" FCBA '' ) which permits reasonable time to resolve disputes. In particular, when a credit card issuer finds in favor of a merchant, at least ten days is required between the time an adverse decision is made and the consumer may respond further. Here, that was not afforded to me in violation of 15 U.S.C. 1666. This  is evidenced by the fact that the date on the letter itself is only seven days prior to a 'deadline ' to have responded. B of A shut down the investigation before I had time to respond to the merchant as set forth in the code. \n\n\nNext I tried to exercise my 'claims and defenses ' remedy and no one at B of A even knows what that is. Specifically I am deprived of my right under the Truth in Lending Act, Reg. Z, 12 C.F.R. 1026.12 Special credit card provisions, which permits me to withhold payment of unpaid amounts. Every one of the B of A representatives, as well as multiple supervisors, have no idea about this right and insist that I have exhausted all avenues to dispute this bill. I state to them I am not again exercising the 'billing error ' portion of my claim, but now a claim that this is an outright fraud which has been adequately demonstrated to B of A, and for which B of A is holder in due course of the alleged debt. The time frame is one year, not 60 or 90 days, depending on who one speaks with at B of A.","date_sent_to_company":"2017-11-13T07:45:01.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"General-purpose credit card or charge card","zip_code":"90049","tags":null,"has_narrative":true,"complaint_id":"2727277","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2017-11-13T02:18:21.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit card company isn't resolving a dispute about a purchase on your statement"},"highlight":{"complaint_what_happened":["Z, 12 C.F.R. 1026.12 Special credit <em>card</em> provisions, which permits me to <em>withhold</em> <em>payment</em> of unpaid <em>amounts</em>. Every one of the B of A representatives, as well as multiple supervisors, have no idea about this right and insist that I have exhausted all avenues to dispute this bill."],"product":["Credit <em>card</em> or prepaid <em>card</em>"],"sub_product":["General-purpose credit <em>card</em> or charge <em>card</em>"],"company_public_response":["Company has responded to the <em>consumer</em> and the CFPB and chooses not to provide a public response"],"sub_issue":["Credit <em>card</em> company isn't resolving a dispute about a purchase on your statement"]},"sort":[17.95754,"2727277"]},{"_index":"complaint-public-v1","_id":"7520599","_score":17.643496,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I requested that I was shown proof that they are allowed to report late payments on my open end consumer credit plan and I have not received or the removal of the late payment. I also requested proof that I authorized the reporting of the late payment and received nothing. Additionally, there is a reporting error, XXXX is showing a different account number that needs to be corrected. \n\n12 CFR 1026.13 - Billing error resolution.\n\n( a ) Definition of billing error. For purposes of this section, the term billing error means : ( 1 ) A reflection on or with a periodic statement of an extension of credit that is not made to the consumer or to a person who has actual, implied, or apparent authority to use the consumer 's credit card or open-end credit plan.\n\n( 2 ) A reflection on or with a periodic statement of an extension of credit that is not identified in accordance with the requirements of 1026.7 ( a ) ( 2 ) or ( b ) ( 2 ), as applicable, and 1026.8.\n\n( 3 ) A reflection on or with a periodic statement of an extension of credit for property or services not accepted by the consumer or the consumer 's designee, or not delivered to the consumer or the consumer 's designee as agreed.\n\n( 4 ) A reflection on a periodic statement of the creditor 's failure to credit properly a payment or other credit issued to the consumer 's account.\n\n( 5 ) A reflection on a periodic statement of a computational or similar error of an accounting nature that is made by the creditor.\n\n( 6 ) A reflection on a periodic statement of an extension of credit for which the consumer requests additional clarification, including documentary evidence.\n\n( 7 ) The creditor 's failure to mail or deliver a periodic statement to the consumer 's last known address if that address was received by the creditor, in writing, at least 20 days before the end of the billing cycle for which the statement was required.\n\n( b ) Billing error notice. A billing error notice is a written notice from a consumer that : ( 1 ) Is received by a creditor at the address disclosed under 1026.7 ( a ) ( 9 ) or ( b ) ( 9 ), as applicable, no later than 60 days after the creditor transmitted the first periodic statement that reflects the alleged billing error ; ( 2 ) Enables the creditor to identify the consumer 's name and account number; and ( 3 ) To the extent possible, indicates the consumer 's belief and the reasons for the belief that a billing error exists, and the type, date, and amount of the error.\n\n( c ) Time for resolution ; general procedures.\n\n( 1 ) The creditor shall mail or deliver written acknowledgment to the consumer within 30 days of receiving a billing error notice, unless the creditor has complied with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within the 30-day period; and ( 2 ) The creditor shall comply with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within 2 complete billing cycles ( but in no event later than 90 days ) after receiving a billing error notice.\n\n( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date.\n\n( 2 ) Adverse credit reports prohibited. The creditor or its agent shall not ( directly or indirectly ) make or threaten to make an adverse report to any person about the consumer 's credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges.\n\n( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section.\n\n( 4 ) Permitted creditor actions. A creditor is not prohibited from taking action to collect any undisputed portion of the item or bill ; from deducting any disputed amount and related finance or other charges from the consumer 's credit limit on the account ; or from reflecting a disputed amount and related finance or other charges on a periodic statement, provided that the creditor indicates on or with the periodic statement that payment of any disputed amount and related finance or other charges is not required pending the creditor 's compliance with this section.\n\n( e ) Procedures if billing error occurred as asserted. If a creditor determines that a billing error occurred as asserted, it shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable; and ( 2 ) Mail or deliver a correction notice to the consumer.\n\n( f ) Procedures if different billing error or no billing error occurred. If, after conducting a reasonable investigation, a creditor determines that no billing error occurred or that a different billing error occurred from that asserted, the creditor shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Mail or deliver to the consumer an explanation that sets forth the reasons for the creditor 's belief that the billing error alleged by the consumer is incorrect in whole or in part ; ( 2 ) Furnish copies of documentary evidence of the consumer 's indebtedness, if the consumer so requests ; and ( 3 ) If a different billing error occurred, correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable.\n\n( g ) Creditor 's rights and duties after resolution. If a creditor, after complying with all of the requirements of this section, determines that a consumer owes all or part of the disputed amount and related finance or other charges, the creditor : ( 1 ) Shall promptly notify the consumer in writing of the time when payment is due and the portion of the disputed amount and related finance or other charges that the consumer still owes ; ( 2 ) Shall allow any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable, during which the consumer can pay the amount due under paragraph ( g ) ( 1 ) of this section without incurring additional finance or other charges ; ( 3 ) May report an account or amount as delinquent because the amount due under paragraph ( g ) ( 1 ) of this section remains unpaid after the creditor has allowed any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable or 10 days ( whichever is longer ) during which the consumer can pay the amount ; but ( 4 ) May not report that an amount or account is delinquent because the amount due under paragraph ( g ) ( 1 ) of the section remains unpaid, if the creditor receives ( within the time allowed for payment in paragraph ( g ) ( 3 ) of this section ) further written notice from the consumer that any portion of the billing error is still in dispute, unless the creditor also : ( i ) Promptly reports that the amount or account is in dispute ; ( ii ) Mails or delivers to the consumer ( at the same time the report is made ) a written notice of the name and address of each person to whom the creditor makes a report ; and ( iii ) Promptly reports any subsequent resolution of the reported delinquency to all persons to whom the creditor has made a report.\n\n( h ) Reassertion of billing error. A creditor that has fully complied with the requirements of this section has no further responsibilities under this section ( other than as provided in paragraph ( g ) ( 4 ) of this section ) if a consumer reasserts substantially the same billing error.\n\n( i ) Relation to Electronic Fund Transfer Act and Regulation E. A creditor shall comply with the requirements of Regulation E, 12 CFR 1005.11, and 1005.18 ( e ) as applicable, governing error resolution rather than those of paragraphs ( a ), ( b ), ( c ), ( e ), ( f ), and ( h ) of this section if : ( 1 ) Except with respect to a prepaid account as defined in 1026.61, an extension of credit that is incident to an electronic fund transfer occurs under an agreement between the consumer and a financial institution to extend credit when the consumer 's account is overdrawn or to maintain a specified minimum balance in the consumer 's account ; or ( 2 ) With regard to a covered separate credit feature and an asset feature of a prepaid account where both are accessible by a hybrid prepaid-credit card as defined in 1026.61, an extension of credit that is incident to an electronic fund transfer occurs when the hybrid prepaid-credit card accesses both funds in the asset feature of the prepaid account and a credit extension from the credit feature with respect to a particular transaction.\n\n15 U.S. Code 1666b - Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.\n\n( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge.\n\n15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; 15 U.S. Code 1681b - Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.","date_sent_to_company":"2023-09-08T18:47:12.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"186XX","tags":null,"has_narrative":true,"complaint_id":"7520599","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-09-08T18:47:06.000Z","state":"PA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Until a billing <em>error</em> is <em>resolved</em> under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) <em>Consumer</em> 's right to <em>withhold</em> disputed <em>amount</em> ; collection action prohibited. The <em>consumer</em> need not pay ( and the creditor may not try to collect ) any portion of any required <em>payment</em> that the <em>consumer</em> believes is related to the disputed <em>amount</em> ( including related finance or other charges )."],"product":["Credit reporting or other personal <em>consumer</em> reports"],"company_public_response":["Company has responded to the <em>consumer</em> and the CFPB and chooses not to provide a public response"],"sub_issue":["Their investigation did not fix an <em>error</em> on your report"]},"sort":[17.643496,"7520599"]},{"_index":"complaint-public-v1","_id":"7520598","_score":17.619862,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I requested that I was shown proof that they are allowed to report late payments on my open end consumer credit plan and I have not received or the removal of the late payment. I also requested proof that I authorized the reporting of the late payment and received nothing. Additionally, there is a reporting error, XXXX is showing a different account number that needs to be corrected. \n\n12 CFR 1026.13 - Billing error resolution.\n\n( a ) Definition of billing error. For purposes of this section, the term billing error means : ( 1 ) A reflection on or with a periodic statement of an extension of credit that is not made to the consumer or to a person who has actual, implied, or apparent authority to use the consumer 's credit card or open-end credit plan.\n\n( 2 ) A reflection on or with a periodic statement of an extension of credit that is not identified in accordance with the requirements of 1026.7 ( a ) ( 2 ) or ( b ) ( 2 ), as applicable, and 1026.8.\n\n( 3 ) A reflection on or with a periodic statement of an extension of credit for property or services not accepted by the consumer or the consumer 's designee, or not delivered to the consumer or the consumer 's designee as agreed.\n\n( 4 ) A reflection on a periodic statement of the creditor 's failure to credit properly a payment or other credit issued to the consumer 's account.\n\n( 5 ) A reflection on a periodic statement of a computational or similar error of an accounting nature that is made by the creditor.\n\n( 6 ) A reflection on a periodic statement of an extension of credit for which the consumer requests additional clarification, including documentary evidence.\n\n( 7 ) The creditor 's failure to mail or deliver a periodic statement to the consumer 's last known address if that address was received by the creditor, in writing, at least 20 days before the end of the billing cycle for which the statement was required.\n\n( b ) Billing error notice. A billing error notice is a written notice from a consumer that : ( 1 ) Is received by a creditor at the address disclosed under 1026.7 ( a ) ( 9 ) or ( b ) ( 9 ), as applicable, no later than 60 days after the creditor transmitted the first periodic statement that reflects the alleged billing error ; ( 2 ) Enables the creditor to identify the consumer 's name and account number; and ( 3 ) To the extent possible, indicates the consumer 's belief and the reasons for the belief that a billing error exists, and the type, date, and amount of the error.\n\n( c ) Time for resolution ; general procedures.\n\n( 1 ) The creditor shall mail or deliver written acknowledgment to the consumer within 30 days of receiving a billing error notice, unless the creditor has complied with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within the 30-day period; and ( 2 ) The creditor shall comply with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within 2 complete billing cycles ( but in no event later than 90 days ) after receiving a billing error notice.\n\n( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date.\n\n( 2 ) Adverse credit reports prohibited. The creditor or its agent shall not ( directly or indirectly ) make or threaten to make an adverse report to any person about the consumer 's credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges.\n\n( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section.\n\n( 4 ) Permitted creditor actions. A creditor is not prohibited from taking action to collect any undisputed portion of the item or bill ; from deducting any disputed amount and related finance or other charges from the consumer 's credit limit on the account ; or from reflecting a disputed amount and related finance or other charges on a periodic statement, provided that the creditor indicates on or with the periodic statement that payment of any disputed amount and related finance or other charges is not required pending the creditor 's compliance with this section.\n\n( e ) Procedures if billing error occurred as asserted. If a creditor determines that a billing error occurred as asserted, it shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable; and ( 2 ) Mail or deliver a correction notice to the consumer.\n\n( f ) Procedures if different billing error or no billing error occurred. If, after conducting a reasonable investigation, a creditor determines that no billing error occurred or that a different billing error occurred from that asserted, the creditor shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Mail or deliver to the consumer an explanation that sets forth the reasons for the creditor 's belief that the billing error alleged by the consumer is incorrect in whole or in part ; ( 2 ) Furnish copies of documentary evidence of the consumer 's indebtedness, if the consumer so requests ; and ( 3 ) If a different billing error occurred, correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable.\n\n( g ) Creditor 's rights and duties after resolution. If a creditor, after complying with all of the requirements of this section, determines that a consumer owes all or part of the disputed amount and related finance or other charges, the creditor : ( 1 ) Shall promptly notify the consumer in writing of the time when payment is due and the portion of the disputed amount and related finance or other charges that the consumer still owes ; ( 2 ) Shall allow any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable, during which the consumer can pay the amount due under paragraph ( g ) ( 1 ) of this section without incurring additional finance or other charges ; ( 3 ) May report an account or amount as delinquent because the amount due under paragraph ( g ) ( 1 ) of this section remains unpaid after the creditor has allowed any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable or 10 days ( whichever is longer ) during which the consumer can pay the amount ; but ( 4 ) May not report that an amount or account is delinquent because the amount due under paragraph ( g ) ( 1 ) of the section remains unpaid, if the creditor receives ( within the time allowed for payment in paragraph ( g ) ( 3 ) of this section ) further written notice from the consumer that any portion of the billing error is still in dispute, unless the creditor also : ( i ) Promptly reports that the amount or account is in dispute ; ( ii ) Mails or delivers to the consumer ( at the same time the report is made ) a written notice of the name and address of each person to whom the creditor makes a report ; and ( iii ) Promptly reports any subsequent resolution of the reported delinquency to all persons to whom the creditor has made a report.\n\n( h ) Reassertion of billing error. A creditor that has fully complied with the requirements of this section has no further responsibilities under this section ( other than as provided in paragraph ( g ) ( 4 ) of this section ) if a consumer reasserts substantially the same billing error.\n\n( i ) Relation to Electronic Fund Transfer Act and Regulation E. A creditor shall comply with the requirements of Regulation E, 12 CFR 1005.11, and 1005.18 ( e ) as applicable, governing error resolution rather than those of paragraphs ( a ), ( b ), ( c ), ( e ), ( f ), and ( h ) of this section if : ( 1 ) Except with respect to a prepaid account as defined in 1026.61, an extension of credit that is incident to an electronic fund transfer occurs under an agreement between the consumer and a financial institution to extend credit when the consumer 's account is overdrawn or to maintain a specified minimum balance in the consumer 's account ; or ( 2 ) With regard to a covered separate credit feature and an asset feature of a prepaid account where both are accessible by a hybrid prepaid-credit card as defined in 1026.61, an extension of credit that is incident to an electronic fund transfer occurs when the hybrid prepaid-credit card accesses both funds in the asset feature of the prepaid account and a credit extension from the credit feature with respect to a particular transaction.\n\n15 U.S. Code 1666b - Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.\n\n( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge.\n\n15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; 15 U.S. Code 1681b - Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.","date_sent_to_company":"2023-09-08T18:47:12.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"186XX","tags":null,"has_narrative":true,"complaint_id":"7520598","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-09-08T18:47:06.000Z","state":"PA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Until a billing <em>error</em> is <em>resolved</em> under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) <em>Consumer</em> 's right to <em>withhold</em> disputed <em>amount</em> ; collection action prohibited. The <em>consumer</em> need not pay ( and the creditor may not try to collect ) any portion of any required <em>payment</em> that the <em>consumer</em> believes is related to the disputed <em>amount</em> ( including related finance or other charges )."],"product":["Credit reporting or other personal <em>consumer</em> reports"],"company_public_response":["Company has responded to the <em>consumer</em> and the CFPB and chooses not to provide a public response"],"sub_issue":["Their investigation did not fix an <em>error</em> on your report"]},"sort":[17.619862,"7520598"]},{"_index":"complaint-public-v1","_id":"7520816","_score":17.613897,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I requested that I was shown proof that they are allowed to report late payments on my open end consumer credit plan and I have not received or the removal of the late payment. I also requested proof that I authorized the reporting of the late payment and received nothing. Additionally, there is a reporting error, Equifax is showing a different account number that needs to be corrected. \n\n12 CFR 1026.13 - Billing error resolution.\n\n( a ) Definition of billing error. For purposes of this section, the term billing error means : ( 1 ) A reflection on or with a periodic statement of an extension of credit that is not made to the consumer or to a person who has actual, implied, or apparent authority to use the consumer 's credit card or open-end credit plan.\n\n( 2 ) A reflection on or with a periodic statement of an extension of credit that is not identified in accordance with the requirements of 1026.7 ( a ) ( 2 ) or ( b ) ( 2 ), as applicable, and 1026.8.\n\n( 3 ) A reflection on or with a periodic statement of an extension of credit for property or services not accepted by the consumer or the consumer 's designee, or not delivered to the consumer or the consumer 's designee as agreed.\n\n( 4 ) A reflection on a periodic statement of the creditor 's failure to credit properly a payment or other credit issued to the consumer 's account.\n\n( 5 ) A reflection on a periodic statement of a computational or similar error of an accounting nature that is made by the creditor.\n\n( 6 ) A reflection on a periodic statement of an extension of credit for which the consumer requests additional clarification, including documentary evidence.\n\n( 7 ) The creditor 's failure to mail or deliver a periodic statement to the consumer 's last known address if that address was received by the creditor, in writing, at least 20 days before the end of the billing cycle for which the statement was required.\n\n( b ) Billing error notice. A billing error notice is a written notice from a consumer that : ( 1 ) Is received by a creditor at the address disclosed under 1026.7 ( a ) ( 9 ) or ( b ) ( 9 ), as applicable, no later than 60 days after the creditor transmitted the first periodic statement that reflects the alleged billing error ; ( 2 ) Enables the creditor to identify the consumer 's name and account number; and ( 3 ) To the extent possible, indicates the consumer 's belief and the reasons for the belief that a billing error exists, and the type, date, and amount of the error.\n\n( c ) Time for resolution ; general procedures.\n\n( 1 ) The creditor shall mail or deliver written acknowledgment to the consumer within 30 days of receiving a billing error notice, unless the creditor has complied with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within the 30-day period; and ( 2 ) The creditor shall comply with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within 2 complete billing cycles ( but in no event later than 90 days ) after receiving a billing error notice.\n\n( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date.\n\n( 2 ) Adverse credit reports prohibited. The creditor or its agent shall not ( directly or indirectly ) make or threaten to make an adverse report to any person about the consumer 's credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges.\n\n( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section.\n\n( 4 ) Permitted creditor actions. A creditor is not prohibited from taking action to collect any undisputed portion of the item or bill ; from deducting any disputed amount and related finance or other charges from the consumer 's credit limit on the account ; or from reflecting a disputed amount and related finance or other charges on a periodic statement, provided that the creditor indicates on or with the periodic statement that payment of any disputed amount and related finance or other charges is not required pending the creditor 's compliance with this section.\n\n( e ) Procedures if billing error occurred as asserted. If a creditor determines that a billing error occurred as asserted, it shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable; and ( 2 ) Mail or deliver a correction notice to the consumer.\n\n( f ) Procedures if different billing error or no billing error occurred. If, after conducting a reasonable investigation, a creditor determines that no billing error occurred or that a different billing error occurred from that asserted, the creditor shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Mail or deliver to the consumer an explanation that sets forth the reasons for the creditor 's belief that the billing error alleged by the consumer is incorrect in whole or in part ; ( 2 ) Furnish copies of documentary evidence of the consumer 's indebtedness, if the consumer so requests ; and ( 3 ) If a different billing error occurred, correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable.\n\n( g ) Creditor 's rights and duties after resolution. If a creditor, after complying with all of the requirements of this section, determines that a consumer owes all or part of the disputed amount and related finance or other charges, the creditor : ( 1 ) Shall promptly notify the consumer in writing of the time when payment is due and the portion of the disputed amount and related finance or other charges that the consumer still owes ; ( 2 ) Shall allow any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable, during which the consumer can pay the amount due under paragraph ( g ) ( 1 ) of this section without incurring additional finance or other charges ; ( 3 ) May report an account or amount as delinquent because the amount due under paragraph ( g ) ( 1 ) of this section remains unpaid after the creditor has allowed any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable or 10 days ( whichever is longer ) during which the consumer can pay the amount ; but ( 4 ) May not report that an amount or account is delinquent because the amount due under paragraph ( g ) ( 1 ) of the section remains unpaid, if the creditor receives ( within the time allowed for payment in paragraph ( g ) ( 3 ) of this section ) further written notice from the consumer that any portion of the billing error is still in dispute, unless the creditor also : ( i ) Promptly reports that the amount or account is in dispute ; ( ii ) Mails or delivers to the consumer ( at the same time the report is made ) a written notice of the name and address of each person to whom the creditor makes a report ; and ( iii ) Promptly reports any subsequent resolution of the reported delinquency to all persons to whom the creditor has made a report.\n\n( h ) Reassertion of billing error. A creditor that has fully complied with the requirements of this section has no further responsibilities under this section ( other than as provided in paragraph ( g ) ( 4 ) of this section ) if a consumer reasserts substantially the same billing error.\n\n( i ) Relation to Electronic Fund Transfer Act and Regulation E. A creditor shall comply with the requirements of Regulation E, 12 CFR 1005.11, and 1005.18 ( e ) as applicable, governing error resolution rather than those of paragraphs ( a ), ( b ), ( c ), ( e ), ( f ), and ( h ) of this section if : ( 1 ) Except with respect to a prepaid account as defined in 1026.61, an extension of credit that is incident to an electronic fund transfer occurs under an agreement between the consumer and a financial institution to extend credit when the consumer 's account is overdrawn or to maintain a specified minimum balance in the consumer 's account ; or ( 2 ) With regard to a covered separate credit feature and an asset feature of a prepaid account where both are accessible by a hybrid prepaid-credit card as defined in 1026.61, an extension of credit that is incident to an electronic fund transfer occurs when the hybrid prepaid-credit card accesses both funds in the asset feature of the prepaid account and a credit extension from the credit feature with respect to a particular transaction.\n\n15 U.S. Code 1666b - Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.\n\n( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge.\n\n15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; 15 U.S. Code 1681b - Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.","date_sent_to_company":"2023-09-08T18:47:12.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"186XX","tags":null,"has_narrative":true,"complaint_id":"7520816","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2023-09-08T18:47:06.000Z","state":"PA","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Until a billing <em>error</em> is <em>resolved</em> under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) <em>Consumer</em> 's right to <em>withhold</em> disputed <em>amount</em> ; collection action prohibited. The <em>consumer</em> need not pay ( and the creditor may not try to collect ) any portion of any required <em>payment</em> that the <em>consumer</em> believes is related to the disputed <em>amount</em> ( including related finance or other charges )."],"product":["Credit reporting or other personal <em>consumer</em> reports"],"sub_issue":["Their investigation did not fix an <em>error</em> on your report"]},"sort":[17.613897,"7520816"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":112,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":112}]}},"product":{"doc_count":112,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting or other personal consumer reports","doc_count":54,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":54}]}},{"key":"Credit card or prepaid 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