{"took":232,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":14,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"18085133","_score":13.754945,"_source":{"product":"Mortgage","complaint_what_happened":"Company : Pennymac Loan Services , LLC Loan Number : XXXX Property Address : XXXX XXXX XXXX, XXXX, VA XXXX Loan Type : VA-guaranteed loan pooled in a Ginnie Mae ( GNMA ) security Issue Summary ( short description field ) Mortgage servicer is refusing to properly evaluate a VA payment deferral after a temporary federal government shutdown hardship and is instead conditioning loss mitigation on an interest-rate increase, higher monthly payment, and 40-year loan term. \n\nWhat happened ( main narrative ) I am submitting this complaint regarding Pennymac Loan Services, LLCs handling of post-forbearance loss mitigation on my VA-guaranteed mortgage loan, which is pooled in a Ginnie Mae ( GNMA ) security. \n\nI was approved for a Special Forbearance Plan due to a federal government shutdown that temporarily interrupted my pay as a federal employee. The hardship was temporary and involuntary and has since been resolved. I am able to resume my contractual monthly mortgage payment. \n\nPennymacs forbearance agreement expressly states that, upon resolution of hardship, the servicer will work with the borrower to bring the loan current through reinstatement, repayment, or loan modification. \n\nDespite this, Pennymac has advised that the only available loan modification would : Increase my interest rate Increase my monthly payment Extend my loan term from 30 years to 40 years I am not requesting an affordability-based modification. I have formally declined this proposal in writing and requested evaluation for a VA payment deferral or VA loan modification that defers the forbearance balance to loan maturity, without changing my interest rate, loan term, or monthly payment. \n\nPennymac has not provided any VA or Ginnie Mae authority stating that a VA payment deferral or deferred-balance modification is unavailable in my case. \n\nFor VA-guaranteed loans, particularly those pooled in GNMA securities, applicable servicing requirements require evaluation of home-retention options, including payment deferral, when the hardship is temporary and the borrower can resume payments. Conditioning resolution solely on a re-amortizing modification with higher long-term cost appears inconsistent with these requirements. \n\nI believe Pennymac has failed to properly evaluate all available loss-mitigation options as required under 12 CFR 1024.41 ( RESPA ) and is improperly steering me toward a less favorable outcome.\n\nWhat I want Pennymac to do ( resolution request ) I am requesting that Pennymac : Properly evaluate my loan under VA loss-mitigation requirements applicable to GNMA-pooled VA loans Consider and offer a VA payment deferral or VA loan modification that defers the forbearance balance to loan maturity without increasing my interest rate, monthly payment, or loan term Provide a written explanation citing specific VA or Ginnie Mae authority if such a deferral is denied Ensure that any approved modification cures delinquency for credit-reporting purposes, consistent with the Fair Credit Reporting Act Why this is urgent If unresolved, I may be forced to choose between : Accepting a modification that permanently increases my borrowing costs despite a temporary hardship, or Remaining delinquent due to improper servicing Neither outcome is consistent with VA and federal mortgage-servicing requirements.","date_sent_to_company":"2025-12-16T20:02:14.000Z","issue":"Trouble during payment process","sub_product":"VA mortgage","zip_code":"22602","tags":"Servicemember","has_narrative":true,"complaint_id":"18085133","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"PENNYMAC LOAN SERVICES, LLC.","date_received":"2025-12-16T19:57:05.000Z","state":"VA","company_public_response":null,"sub_issue":"Trying to communicate with the company to fix an issue while managing or servicing your loan"},"highlight":{"complaint_what_happened":["Company : Pennymac Loan Services , LLC Loan Number : XXXX Property Address : XXXX XXXX XXXX, XXXX, VA XXXX Loan Type : VA-guaranteed loan pooled in a Ginnie Mae ( GNMA ) <em>security</em> <em>Issue</em> <em>Summary</em> ( <em>short</em> <em>description</em> field ) Mortgage servicer is refusing to properly evaluate a VA payment deferral after a temporary federal government shutdown hardship and is instead conditioning loss mitigation on an interest-rate increase, higher monthly payment, and 40-year loan term."],"sub_issue":["Trying to communicate with the company to fix an <em>issue</em> while managing or servicing your loan"]},"sort":[13.754945,"18085133"]},{"_index":"complaint-public-v1","_id":"21482279","_score":12.602343,"_source":{"product":"Checking or savings account","complaint_what_happened":"Complaint Against Bank of America , N.A . \nIssue : Unauthorized ACH Transfers/ Failure to Protect Deposited Funds Amount at Issue : Approximately {$8000.00} Summary of Complaint Bank of America , N.A . failed to implement and maintain reasonable information security, customer data protection, and fraud detection controls, which directly resulted in multiple unauthorized ACH transactions being fraudulently withdrawn from my checking account. Despite timely reporting, Bank of America has failed to reimburse me for approximately {$8000.00} in stolen funds, causing significant financial harm.\n\nDescription of What Happened My Bank of America checking account was compromised due to Bank of Americas failure to adequately protect my account and monitor for fraudulent activity. A single perpetrator was able to initiate multiple unauthorized ACH transfers, in rapid succession, to the same payee. These transactions were executed without my knowledge, authorization, or consent. \n\nAt no point did Bank of America : - Notify me of suspicious or anomalous transaction activity, - Intervene to suspend or block the transactions, or - Apply basic velocity controls or ACH fraud safeguards that are standard within the banking industry. \n\nThese transactions occurred openly and repeatedly, demonstrating a total breakdown in Bank of Americas fraud monitoring and customer protection systems. The first and only notification I received of this activity was when my account has withdrawn.\n\nFailure of Information Security and Customer Data Protection Bank of America holds itself out as a financial institution capable of safeguarding customer funds and sensitive financial data. In this instance, Bank of Americas information security and customer data protection programs failed. Unauthorized access to my account was possible, and once compromised, the account remained vulnerable long enough for multiple fraudulent transfers to be completed.\n\nThis failure constitutes a breakdown in Bank of Americas obligations to implement reasonable administrative, technical, and operational safeguards to protect consumer accounts.\n\nFailure of Fraud Detection and ACH Controls The unauthorized activity exhibited obvious fraud indicators, including : - Multiple ACH transfers occurring in a short period of time, - Transfers sent to the same payee, - Transaction behavior inconsistent with my historical account usage.\n\nAny reasonable ACH monitoring system employing standard velocity limits, anomaly detection, or transaction pattern analysis should have flagged and prevented this activity. Had Bank of America implemented effective fraud detection controls, the theft would have been interrupted early, and my financial losses would have been negligible. \nInstead, Bank of America allowed the perpetrator to continue withdrawing funds unchecked. \n\nResulting Harm As a direct and proximate result of Bank of Americas failures : - Approximately {$8000.00} was fraudulently removed from my checking account.\n\n- I am unable to meet existing financial obligations. \n- I have suffered financial hardship caused solely by Bank of Americas failure to safeguard funds I entrusted to them.\n\n- Bank of America has failed to reimburse the stolen funds timely despite the transactions being unauthorized.\n\nBank of Americas Responsibility Bank of America was the entity that : - Controlled the account infrastructure, - Processed the ACH transactions, - Failed to detect and prevent repeated fraudulent withdrawals, and - Allowed the continued removal of my funds after clear fraud indicators were present.\n\nThe loss was caused by Bank of Americas deficient fraud prevention framework, not by any wrongdoing or negligence on my part.\n\nRequested Resolution I respectfully request that the Consumer Financial Protection Bureau : - Require Bank of America to immediately reimburse me for the full amount of unauthorized withdrawals ( approximately {$8000.00} ).\n\n- Investigate Bank of Americas ACH transaction monitoring, velocity controls, and fraud detection systems that allowed repeated unauthorized transfers.\n\n- Require Bank of America to assess and strengthen its customer data protection and fraud prevention programs to prevent similar consumer harm.\n\nClosing Statement Consumers are entitled to rely on financial institutions to protect deposited funds through reasonable security and fraud control measures. Bank of America failed to meet this obligation and has improperly shifted the financial consequences of its failures onto me. CFPB intervention is necessary to ensure reimbursement and to prevent recurrence.","date_sent_to_company":"2026-04-22T14:47:36.000Z","issue":"Managing an account","sub_product":"Checking account","zip_code":"30506","tags":"Servicemember","has_narrative":true,"complaint_id":"21482279","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2026-04-22T14:34:21.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Funds not handled or disbursed as instructed"},"highlight":{"complaint_what_happened":["<em>Issue</em> : Unauthorized ACH Transfers/ Failure to Protect Deposited Funds Amount at <em>Issue</em> : Approximately {$8000.00} <em>Summary</em> of Complaint Bank of America , N.A . failed to implement and maintain reasonable information <em>security</em>, customer data protection, and fraud detection controls, which directly resulted in multiple unauthorized ACH transactions being fraudulently withdrawn from my checking account."]},"sort":[12.602343,"21482279"]},{"_index":"complaint-public-v1","_id":"8293304","_score":11.564163,"_source":{"product":"Credit card","complaint_what_happened":"Attn : American Express Company ; Office of the President and Legal Department : To Whom It May Concern, I am in receipt of your correspondence dated XX/XX/XXXX in which you failed to address and properly investigate a complaint against your corporation specifically regarding the mishandling of securities and potential securities fraud. \nOn XX/XX/XXXX, You, American Express Company, hereinafter ( \" Amex '' ) was issued a financial asset via electronic chattel paper by the Applicant in the form of a credit application XXXX ( consumer credit transaction ), which Amex used, without giving equal or valuable consideration to open and establish an American Express XXXX XXXX XXXX account which as the Authorized Representative/Agent and Beneficiary, with beneficial interest of the Legal Entity/Principal to the account , am entitled to the rights, titles, interest and equity accrued due to the entitlement holder and beneficial/registered owner. Pursuant to American Express Companys Commission File No. XXXX for the fiscal year ended XX/XX/XXXX filed XX/XX/XXXX with the Securities and Exchange Commission ( SEC ) , and per XXXX XXXX XXXX , Amexs current and active Chief Financial Officer, in conjunction with XXXX XXXX XXXX XXXX XXXX XXXX , Amexs Indenture Trustee, collectively, have certified the pledging and conveyance to be held in a Trust, of the accounts receivables/asset backed securities ( commercial/chattel paper ) as collateral to third-party investors as a primary means for Amex to raise capital to which I have not received just compensation, equitable compensation, interest or benefit from despite my involvement. Furthermore, Amex is erroneously reporting deceptive and harmful information, resulting in a defamation of character to the consumer reporting agencies making false claims and allegations of the account being owed, late and past due, to which I can no longer make use of the card/account for any personal, family and household purposes. I would like to inform Amex that the account is federally protected, backed by full faith and credit of the United States and insured up to XXXX USD by the FDIC in the event the account was to ever go into \" default. '' Additionally, any contract/agreement of adhesion is biased, unilateral, unethical and unenforceable in the court of law, in the Court of XXXX in Delaware specifically . Moreover, per XXXX XXXX, Adjunct Professor of Finance School of Management at Yale University and XXXX XXXX XXXX, XXXX and Assistant Vice President of the Federal Reserve XXXX XXXX XXXX XXXX, state that U.S. Treasury securities are direct obligations of the U.S. Government issued by the Department of the Treasury. They are backed by the full faith and credit of the U.S. Government and therefore are considered to be free of credit risk. To further confirm incontestable proof and validity, please refer to Title 31 U.S. Code 3123 ( a ) ( b ) ( c ) for verification. Furthermore and for the record, the credit/funds Amex claims they \" loaned '' were and always have been credit/funds issued by the Principal/Authorized Representative/Agent via the initial credit application/electronic chattel paper, in the form of a consumer credit transaction for personal, family and household purposes, backed by the Truth In Lending Act ( TILA ). To further establish and confirm the willful and erroneous bad faith business practices by Amex, the following succeeding information is directly extracted from the aforementioned XXXX report Amex filed with the SEC : LONG-TERM DEBT AND ASSET SECURITIZATION PROGRAMS page 66 : As of XX/XX/XXXX, we had {$42.00} XXXX in long-term debt outstanding, including unsecured debt and asset-backed securities. Refer to Note 8 to the Consolidated Financial Statements for a further description of these borrowings and scheduled maturities of long-term debt obligations. We periodically securitize Card Member loans and receivables arising from our U.S. card business, as the securitization market provides us with cost-effective funding. Securitization of Card Member loans and receivables is accomplished through the transfer of those assets to a trust, which in turn issues securities collateralized by the transferred assets to third-party investors. The proceeds from issuance are distributed to us, through our wholly owned subsidiaries, as consideration for the transferred assets. Refer to Note 5 to the Consolidated Financial Statements for a further description of our asset securitizations. \n\nLIQUIDITY MANAGEMENT page 67 : We seek to maintain access to a diverse set of on-balance sheet and off-balance sheet liquidity sources, including cash and other liquid assets, committed bank credit facilities and secured borrowing facilities. Through our XXXX XXXX subsidiary, AENB, we also hold collateral eligible for use at the Federal Reserves discount window. \n\nSecuritized Borrowing Capacity As of XX/XX/XXXX page 68 : we maintained our committed, revolving, secured borrowing facility, with a maturity date of XX/XX/XXXX, which gives us the right to sell up to {$3.00} XXXX face amount of eligible XXXX notes from the American Express Issuance Trust II ( the Charge Trust ). We also maintained our committed, revolving, secured borrowing facility, with a maturity date of XX/XX/XXXX, which gives us the right to sell up to {$2.00} XXXX face amount of eligible XXXX certificates from the American Express Credit Account Master Trust ( the Lending Trust ). Both facilities are used in the ordinary course of business to fund working capital needs, as well as to further enhance our contingent funding resources. As of XX/XX/XXXX, no amounts were drawn on the Charge Trust facility or the Lending Trust facility. \n\nFederal Reserve Discount Window : As an insured depository institution, AENB may borrow from the Federal Reserve Bank of XXXX XXXX, subject to the amount of qualifying collateral that it may pledge. The Federal Reserve has indicated that both credit and charge card receivables are a form of qualifying collateral for secured borrowings made through the discount window. Whether specific assets will be considered qualifying collateral and the amount that may be borrowed against the collateral remain at the discretion of the Federal Reserve. \n\nAs of XX/XX/XXXX, we had approximately {$100.00} XXXX in U.S. credit card loans and charge card receivables that could be sold over time through our securitization trusts or pledged in return for secured borrowings to provide further liquidity, subject in each case to applicable market conditions and eligibility criteria. \n\nGLOSSARY OF SELECTED TERMINOLOGY page 82 : Adjusted net interest income A non-GAAP measure that represents net interest income attributable to our Card Member loans ( which includes, on a GAAP basis, interest that is deemed uncollectible ), excluding the impact of interest expense and interest income not attributable to our Card Member loans. \n\nAsset securitizations Asset securitization involves the transfer and sale of loans or receivables to a special-purpose entity created for the securitization activity, typically a trust. The trust, in turn, issues securities, commonly referred to as asset-backed securities that are secured by the transferred loans and receivables. The trust uses the proceeds from the sale of such securities to pay the purchase price for the transferred loans or receivables. The securitized loans and receivables of our Lending Trust and Charge Trust ( collectively, the Trusts ) are reported as assets and the securities issued by the Trusts are reported as liabilities on our Consolidated Balance Sheets. \n\nContinued on page 83 Interest income Includes ( i ) interest on loans, ( ii ) interest and dividends on investment securities and ( iii ) interest income on deposits with banks and other. Interest on loans Assessed using the average daily balance method for Card Member loans. Unless the loan is classified as non-accrual, interest is recognized based upon the principal amount outstanding in accordance with the terms of the applicable account agreement until the outstanding balance is paid or written off. Interest and dividends on investment securities Primarily relates to our performing fixed-income securities. Interest income is recognized using the effective interest method, which adjusts the yield for security premiums and discounts, fees and other payments, so a constant rate of return is recognized on the outstanding balance of the related investment security throughout its term. Amounts are recognized until securities are in default or when it is likely that future interest payments will not be made as scheduled. Interest income on deposits with banks and other Primarily relates to the placement of cash in excess of near-term funding requirements in interest-bearing time deposits, overnight sweep accounts, and other interest-bearing demand and call accounts. \n\nNOTES TO CONSOLIDATED FINANCIAL STATEMENTS : NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Page 100 : Interest Income Interest on Card Member loans is assessed using the average daily balance method. Unless the loan is classified as non-accrual, interest is recognized based upon the principal amount outstanding, in accordance with the terms of the applicable account agreement, until the outstanding balance is paid, or written off. Interest and dividends on investment securities primarily relate to our performing fixed-income securities. Interest income is recognized as earned using the effective interest method, which adjusts the yield for security premiums and discounts, fees and other payments, so that a constant rate of return is recognized on the investment securitys outstanding balance. Amounts are recognized until securities are in default or when it becomes likely that future interest payments will not be made as scheduled. Interest on deposits with banks and other is recognized as earned, and primarily relates to the placement of cash, in excess of near-term funding requirements, in interest-bearing time deposits, overnight sweep accounts, and other interest-bearing demand and call accounts. Interest Expense Interest expense includes interest incurred primarily to fund Card Member loans and receivables, general corporate purposes and liquidity needs, and is recognized as incurred. Interest expense is divided principally into two categories : ( i ) deposits, which primarily relates to interest expense on deposits taken from customers and institutions, and ( ii ) debt, which primarily relates to interest expense on our long-term debt and short-term borrowings, as well as the realized impact of derivatives used to hedge interest rate risk on our long-term debt. \n\nNOTE 5 ASSET SECURITIZATIONS page 117 : We periodically securitize Card Member loans and receivables arising from our card businesses through the transfer of those assets to securitization trusts, American Express Credit Account Master Trust ( the Lending Trust ) and American Express Issuance Trust II ( the Charge Trust and together with the Lending Trust, the Trusts ). The Trusts then issue debt securities collateralized by the transferred assets to third-party investors. The Trusts are considered VIEs as they have insufficient equity at risk to finance their activities, which are to issue debt securities that are collateralized by the underlying Card Member loans and receivables. Refer to Note 1 for further details on the principles of consolidation. We perform the servicing and key decision making for the Trusts, and therefore have the power to direct the activities that most significantly impact the Trusts economic performance, which are the collection of the underlying Card Member loans and receivables. In addition, we hold all of the variable interests in both Trusts, with the exception of the debt securities issued to third-party investors. Our ownership of variable interests in the Lending Trust was {$16.00} XXXX and {$15.00} XXXX as of XX/XX/XXXX and XXXX, respectively, and in the Charge Trust was {$5.00} XXXX and {$3.00} XXXX as of XX/XX/XXXX and XXXX, respectively. These variable interests held by us provide us with the right to receive benefits and the obligation to absorb losses, which could be significant to both the Lending Trust and the Charge Trust. Based on these considerations, we are the primary beneficiary of the Trusts and therefore consolidate the Trusts. The debt securities issued by the Trusts are non-recourse to us. The securitized Card Member loans and receivables held by the Lending Trust and the Charge Trust, respectively, are available only for payment of the debt securities or other obligations issued or arising in the securitization transactions ( refer to Note 2 ). The long-term debt of each Trust is payable only out of collections on their respective underlying securitized assets ( refer to Note 8 ). \n\nIn light of the foregoing, I demand my legal right to the equitable portion of the interest and interest accrued for this account. Please confirm that the Principal will receive their full equitable portion of the interest and interest accrued, now and each and every statement cycle moving forward without any further delay. Please treat this matter with utmost urgency and take immediate action to rectify these bad faith and unwarranted acts by Amex.","date_sent_to_company":"2024-02-07T00:56:22.000Z","issue":"Trouble using your card","sub_product":"General-purpose credit card or charge card","zip_code":"07002","tags":null,"has_narrative":true,"complaint_id":"8293304","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AMERICAN EXPRESS COMPANY","date_received":"2024-02-07T00:04:51.000Z","state":"NJ","company_public_response":null,"sub_issue":"Credit card company won't increase or decrease your credit limit"},"highlight":{"complaint_what_happened":["Securitization of Card Member loans and receivables is accomplished through the transfer of those assets to a trust, which in turn <em>issues</em> <em>securities</em> collateralized by the transferred assets to third-party investors. The proceeds from <em>issuance</em> are distributed to us, through our wholly owned subsidiaries, as consideration for the transferred assets. Refer to Note 5 to the Consolidated Financial Statements for a further <em>description</em> of our asset securitizations."]},"sort":[11.564163,"8293304"]},{"_index":"complaint-public-v1","_id":"14729773","_score":6.857043,"_source":{"product":"Credit card","complaint_what_happened":"New Evidence Attached We ordered a bed fromXX/XX/XXXX on XX/XX/XXXX for {$7600.00} using a Synchrony Credit Card. The company sent the wrong bed, We contacted the company and they told us that we had to keep the bed that they sent. We filed a timely billing error disoute with Synchrony Bank on XX/XX/XXXX. Synchrony Bank 's response to the dispute did NOT address the non-delivery of the actual item that we ordered. Further defective items were received, Therefore, we rejected the entire order, pursuant to the XXXX CXX/XX/XXXXe of XXXX ( XXXX ) due to non-perfect tender of goods. We requested that the company retrieve the bed that we did NOT order but they never did. The company and Synchrony Bank still refused to issue a refund. Synchrony Bank has NOT addressed the non-receipt of goods. Synchrony Bank now seeks to sue us to make us pay for merchandise that we did NOT order. Synchrony Bank has also caused negative reporting about me to CRAs. I have followed the FTC 's rules that customers can not be forced to pay for merchandise that they did NOT order. ______________ Dear Synchrony Bank Representative : Summary : The advertising photos do not match what we received. The items ' descriptions do not match what we received. The model number on the attached label does not match the model number that we ordered.________________ NEW DOCUMENTATION, DATED XX/XX/XXXX, FROM THE MANUFACTURER OF THE BED INDICATES THAT WE DID NOT RECEIVE THE BED THAT WE ORDERED. The merchant has had nearly XXXX years to rectify the issue. Synchrony Bank has also had nearly XXXX years to do the right thing.________________ It is UNCONSCIONABLE for Synchrony Bank to FORCE US TO PAY FOR SOMETHING THAT WE DID NOT ORDER. \" XXXX XXXX XXXX '' is the merchant. We are NOT writing to Synchrony Bank about our personal comfort. We are and have written to Synchrony Bank about the failure of the merchant to deliver the agreed upon merchandise. Quality is a secondary issue of the failure to deliver the merchandise that we agreed to purchase. Synchrony Bank failed to conduct the appropriate Billing Error Dispute investigation to determine whether we had received the correct merchandise. We did NOT receive the merchandise that we ordered. The fact that the bed does not resemble the bed that we ordered supports our claim. The fact that the mattress is nearly XXXX inches shorter than the mattress that we ordered bolsters our claim. The fact that the model number on the mattress label does not match the model number that we ordered must, from practical common sense and legal-contractual domains require a more thorough investigation than a mere dismissal of our Billing Error Dispute, as a \" quality issue. '' What more MUST we do to substantiate that we did not receive the merchandise that we ordered? Synchrony Bank has not produced ANY evidence to counter our Billing Error Dispute. ________________ After multiple attempts to work with the merchant, it became clear that the merchant was engaging in bad faith behaviors and most likely outright fraud as described by federal laws and the laws most states. We immediately informed the merchant that the bed was not as advertised. ( See attachment __ ) We requested written communication from the company numerous times. ( See attachment ___ ) We made telephone contact with merchant numerous times ( See attachment ____, also an audio recording of a telephone call requesting to return the un-ordered item is also available. I spoke with the president of \" XXXX XXXX XXXX, '' XXXX XXXX, who failed to honor his offer to return the bed.________________ XXXX. We filed a timely and proper Billing Error Dispute on XXXX XX/XX/XXXX because the Merchant, \"XX/XX/XXXX '' sent us the wrong bed and refused to rectify the situation. Recently ( XX/XX/XXXX ), the manufacturer of the bed provided new documentation, which attests to the fact that WE RECEIVED THE WRONG BED. A representative from XXXX XXXX XXXX wrote at least XXXX times that the model number of the bed identified on the bed 's mattress label is not the model number of bed that we ordered. Please see attachment A. We ordered model number XXXX XXXX as listed and pictorially identified in the receipt ( Attachment B ). The merchant sent us model number XX/XX/XXXXXXXX, which as written by the manufacturer of the bed is NOT the model number that we agreed to purchase. The box had XXXX model number but the actual bed/mattress had a different model number. Therefore, the item we received was not as advertised and thus we did NOT RECEIVE THE MERCHANDISE THAT WE ORDERED. ________________ XXXX. Synchrony Bank converted our \" Merchandise Not Received/Not as Advertised '' Billing Error Dispute into a \" quality issue '' as the chief reason for the dispute. That was and is in error. The quality error is secondary to the fact that WE DID NOT RECEIVE THE MERCHANDISE THAT WE AGREED TO PURCHASE as part of the purchase agreement ( contract ). The quality of the item arises because it is not the item that we agreed to purchase. Our original billing error dispute details a long list of issues that highlight WHY THE BED IS NOT WHAT WE ORDERED. ________________ XXXX. Synchrony Bank has NOT provided ANY DOCUMENTATION to substantiate that we received the correct bed from the merchant. We request all documentation upon which Synchrony Bank relies upon to determine that the correct items were delivered to us. ________________ XXXX. We request that Synchrony Bank require the merchant to provide a written explanation as to why we received a bed with a different model number listed on the federally-mandated mattress label. ________________ XXXX. We request that Synchrony Bank require the merchant to provide a written explanation as to why we received a bed that was different from what was advertised in ALL the photos associated with the model of bed that we purchased. ________________ XXXX. We request that Synchrony Bank require the merchant to provide a written explanation as to why the adjustable base was mis-advertised.________________ XXXX. We request that the Synchrony Bank representative handling this case, escalate this matter to a manager and/or legal representative for Synchrony Bank . ________________ XXXX. We request that Synchrony Bank issue a chargeback to the merchant, and request that the merchant provide us an address to ship back its merchandise. We did NOT order what was received, immediately complained, requested resolution, and will ship back the merchandise at our expense. We simply do NOT want what we did agree to buy. We did NOT agree to finance the bed that we received, therefore, we are under NO legal contractual obligation to remit payments to Synchrony Bank for un-ordered merchandise or merchandise not received. ________________ XXXX. We incorporate our initial Billing Error Dispute ( including the detailed attachment detailing the XXXX Rejection ) and CFPB complaint into this reply Billing Error Dispute that includes NEW INFORMATION from the manufacturer of the bed. ________________ The merchant, \" XXXX XXXX XXXX '' basically told us to live with it and kept our funds. Synchrony Bank assisted Personal Comfort Bed by failing to perform a proper Regulation XX/XX/XXXX investigation into our \" merchandise not received '' Billing Error Dispute. After the merchant 's failure to respond to our numerous written requests, we utilized the XX/XX/XXXX CXX/XX/XXXXe ( XXXX ) to reject acceptance of the order because of receiving an item that we did NOT order. The FTC makes it unlawful to force consumers to pay for merchandise that they did not request or order. We informed Synchrony Bank of all this information and included our detailed communications to the merchant. We requested that the merchant, XXXX XXXX provide us with a return shipping address, they did not. Finally, in using the XXXX to reject/revoke the order, we informed XXXX XXXX to pick up their merchandise as they failed to send us the agreed-upon merchandise. XXXX XXXX never made a useful or reasonable effort to handle this matter in a sensible or reasonable manner. Synchrony Bank failed to perform a reasonable Regulation XX/XX/XXXX investigation and chose to sue us and force us to pay for something that we did NOT order. ________________ This issue has caused damage to my FICO score and ability to obtain credit. It is the ONLY NEGATIVE on my credit reports. Please properly investigate this matter. ________________ XXXX. Buyer 's Rights on Improper Delivery. \nSubject to the provisions of this Article on breach in installment contracts ( Section XXXX ) and unless otherwise agreed under the sections on contractual limitations of remedy ( Sections XXXX and XXXX ), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may ( XX/XX/XXXX ) reject the whole; or ( XX/XX/XXXX ) accept the whole; or ( XX/XX/XXXX) accept any commercial unit or units and reject the rest. \n\nXXXX. Manner and Effect of Rightful Rejection. \n( XXXX ) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller. \n( XXXX ) Subject to the provisions of the XXXX following sections on rejected goods ( Sections XXXX and XXXX ), ( a ) after rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller; and ( b ) if the buyer has before rejection taken physical possession of goods in which he does not have a security interest under the provisions of this Article ( subsection ( XXXX ) of Section XXXX ), he is under a duty after rejection to hold them with reasonable care at the sellers disposition for a time sufficient to permit the seller to remove them; but ( c ) the buyer has no further obligations with regard to goods rightfully rejected. \n( XXXX ) The seller 's rights with respect to goods wrongfully rejected are governed by the provisions of this Article on seller 's remedies in general ( Section XXXX ).","date_sent_to_company":"2025-07-18T15:17:51.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"General-purpose credit card or charge card","zip_code":"60085","tags":"Servicemember","has_narrative":true,"complaint_id":"14729773","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"SYNCHRONY FINANCIAL","date_received":"2025-07-18T14:41:32.000Z","state":"IL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Card was charged for something you did not purchase with the card"},"highlight":{"complaint_what_happened":[". ______________ Dear Synchrony Bank Representative : <em>Summary</em> : The advertising photos do not match what we received. The items ' <em>descriptions</em> do not match what we received. The model number on the attached label does not match the model number that we ordered.________________ NEW DOCUMENTATION, DATED XX/XX/XXXX, FROM THE MANUFACTURER OF THE BED INDICATES THAT WE DID NOT RECEIVE THE BED THAT WE ORDERED. The merchant has had nearly XXXX years to rectify the <em>issue</em>."]},"sort":[6.857043,"14729773"]},{"_index":"complaint-public-v1","_id":"8694849","_score":4.852317,"_source":{"product":"Debt collection","complaint_what_happened":"Date created : XXXX XXXX XXXX of {$290.00} XXXX. Short title This title XXXX be cited as the Fair Credit Reporting Act. XXXX. Congressional findings and statement of purpose [ XXXX XXXX. XXXX ] ( a ) Accuracy and fairness of credit reporting. The XXXX makes the following findings : ( XXXX ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( XXXX ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( XXXX ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( XXXX ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures. It is the purpose of this title to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title. XXXX. Definitions ; rules of construction [ XXXX XXXX. XXXX ] ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this title. ( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. ( c ) The term consumer means an individual. ( d ) XXXX Report ( XXXX ) In general. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, XXXX XXXX - XXXX XXXX. XXXX credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section XXXX [ XXXX ]. ( XXXX ) Exclusions. Except as provided in paragraph ( XXXX ), the term consumer report does not include ( A ) subject to section XXXX, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information XXXX be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section XXXX [ XXXX ] ; or ( D ) a communication described in subsection ( o ) or ( x ) XXXX XXXX Should be read as ( o ) or ( y ) because section XXXX ( x ) was re-designated as XXXX ( y ) in XXXX by the XXXX. XXXX XXXX - XXXX XXXX. XXXX ( XXXX ) Restriction on sharing of medical information. Except for information or any communication of information disclosed as provided in section XXXX ( g ) ( XXXX ), the exclusions in paragraph ( XXXX ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services. ( XXXX ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who XXXX have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. ( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. ( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. ( h ) The term employment purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee. ( i ) The term medical information ( XXXX ) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to XXXX XXXX - XXXX U.S.C. XXXX ( A ) the past, present, or future physical, mental, or behavioral health or condition of an individual ; ( B ) the provision of health care to an individual ; or ( C ) the payment for the provision of health care to an individual. ( XXXX ) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy. ( j ) Definitions Relating to Child Support Obligations ( XXXX ) The overdue support has the meaning given to such term in section XXXX ( XXXX ) of title XXXX [ Social Security XXXX, XXXX XXXX. XXXX ( XXXX ) ]. ( XXXX ) The term State or local child support enforcement agency means a XXXX or local agency which administers a State or local program for establishing and enforcing child support obligations. ( k ) Adverse Action ( XXXX ) Actions included. The term adverse action ( A ) has the same meaning as in section XXXX ( d ) ( XXXX ) of the Equal Credit Opportunity Act ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section XXXX ( a ) ( XXXX ) ( D ) [ XXXX ] ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any XXXX XXXX - XXXX XXXX. XXXX consumer, or in connection with a review of an account under section XXXX ( a ) ( XXXX ) ( F ) ( ii ) [ XXXX ] ; and ( XXXX ) adverse to the interests of the consumer. ( XXXX ) XXXX findings, decisions, commentary, and orders. For purposes of any determination of whether an action is an adverse action under paragraph ( XXXX ) ( A ), all appropriate final findings, decisions, commentary, and orders issued under section XXXX ( d ) ( XXXX ) of the Equal Credit Opportunity Act by the XXXX or any court shall apply. ( l ) The term firm offer of credit or insurance means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer XXXX be further conditioned on XXXX or more of the following : ( XXXX ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer. ( XXXX ) XXXX ( XXXX ) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumers application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability. ( XXXX ) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was ( A ) established before selection of the consumer for the offer of credit or insurance; and ( B ) disclosed to the consumer in the offer of credit or insurance. XXXX XXXX - XXXX XXXX. XXXX ( m ) The term credit or insurance transaction that is not initiated by the consumer does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of ( XXXX ) reviewing the account or insurance policy ; or ( XXXX ) collecting the account. ( XXXX ) The term XXXX means any State, the XXXX of XXXX XXXX, the District of Columbia, and any territory or possession of the United States. ( o ) Excluded communications. A communication is described in this subsection if it is a communication ( XXXX ) that, but for subsection ( d ) ( XXXX ) ( D ), would be an investigative consumer report ; ( XXXX ) that is made to a prospective employer for the purpose of ( A ) procuring an employee for the employer ; or ( B ) procuring an opportunity for a natural person to work for the employer ; ( XXXX ) that is made by a person who regularly performs such procurement ; ( XXXX ) that is not used by any person for any purpose other than a purpose described in subparagraph ( A ) or ( B ) of paragraph ( XXXX ) ; and ( XXXX ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( XXXX ) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than XXXX business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation ; and XXXX XXXX - XXXX U.S.C. XXXX ( C ) the person who makes the communication ( i ) discloses in writing to the consumer who is the subject of the communication, not later than XXXX business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumers file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought ; and ( ii ) notifies the consumer who is the subject of the communication, in writing, of the consumers right to request the information described in clause ( i ). ( p ) The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( XXXX ) Public record information. ( XXXX ) Credit account information from persons who furnish that information regularly and in the ordinary course of business. ( q ) Definitions relating to fraud alerts. ( XXXX ) The term XXXX XXXX military consumer means a consumer in military service who ( A ) is on XXXX XXXX ( as defined in section XXXX ( d ) ( XXXX ) of title XXXX, United States Code ) or is a XXXX performing duty under a call or order to XXXX XXXX under a provision of law referred to in section XXXX ( a ) ( XXXX ) of title XXXX, United States Code ; and ( B ) is assigned to service away from the usual duty station of the consumer. ( XXXX ) The terms fraud alert and XXXX XXXX alert mean a statement in the file of a consumer that ( A ) notifies all prospective users of a consumer report relating to the consumer that the consumer XXXX be a victim of fraud, including identity theft, or is an XXXX XXXX military consumer, as applicable ; and XXXX XXXX - XXXX U.S.C. XXXX ( B ) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph ( A ) by any person requesting such consumer report. ( XXXX ) The term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the XXXX XXXX prescribe, by regulation. See also XXXX XXXX XXXX XXXX XXXX Fed. XXXX. XXXX ( XX/XX/XXXX ) ( XXXX ) The term identity theft report has the meaning given that term by rule of the XXXX, and means, at a minimum, a report XXXX also XXXX XXXX XXXX XXXX XXXX Fed. XXXX. XXXX ( XX/XX/XXXX ) ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, XXXX, or local law enforcement agency, including the United States XXXX XXXX XXXX, or such other government agency deemed appropriate by the XXXX ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false. ( XXXX ) The term new credit plan means a new account under an open end credit plan ( as defined in section XXXX ( i ) of the Truth in Lending Act ) or a new credit transaction not under an open end credit plan. ( r ) Credit and Debit Related Terms ( XXXX ) The term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card. ( XXXX ) The term credit card has the same meaning as in section XXXX of the Truth in Lending Act. ( XXXX ) The term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services. ( XXXX ) The terms account and electronic fund transfer have the same meanings as in section XXXX of the Electronic Fund Transfer Act. XXXX XXXX - XXXX U.S.C. XXXX ( XXXX ) The terms credit and creditor have the same meanings as in section XXXX of the Equal Credit Opportunity Act. ( XXXX ) ( t ) The term XXXX banking agency has the same meaning as in section XXXX of the XXXX XXXX XXXX XXXX. The term financial institution means a State or National bank, a XXXX or XXXX XXXX and XXXX XXXX, a mutual savings bank, a XXXX or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section XXXX ( b ) of the Federal Reserve XXXX ) belonging to a consumer. ( u ) The term reseller means a consumer reporting agency that ( XXXX ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( XXXX ) does not maintain a database of the assembled or merged information from which new consumer reports are produced. ( v ) The term XXXX means the Federal Trade Commission. ( XXXX ) The term XXXX means the XXXX XXXX XXXX XXXX XXXX. ( x ) The term nationwide specialty consumer reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( XXXX ) medical records or payments ; ( XXXX ) residential or tenant history ; ( XXXX ) check writing history ; ( XXXX ) employment history; or ( XXXX ) insurance claims. ( y ) Exclusion of Certain Communications for Employee Investigations ( XXXX ) A communication is described in this subsection if ( A ) but for subsection ( d ) ( XXXX ) ( D ), the communication would be a consumer report ; ( B ) the communication is made to an employer in connection with an investigation of ( i ) suspected misconduct relating to employment ; or XXXX XXXX - XXXX U.S.C. XXXX ( ii ) compliance with XXXX, XXXX, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer ; ( C ) the communication is not made for the purpose of investigating a consumers credit worthiness, credit standing, or credit capacity ; and ( D ) the communication is not provided to any person except ( i ) to the employer or an agent of the employer ; ( ii ) to any XXXX or XXXX XXXX XXXX agency, or department, or any XXXX, agency, or department of a unit of general local government ; ( iii ) to any self-regulatory organization with regulatory authority over the activities of the employer or employee ; ( iv ) as otherwise required by law ; or ( v ) pursuant to section XXXX. ( XXXX ) Subsequent disclosure. After taking any adverse action based in whole or in part on a communication described in paragraph ( XXXX ), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection ( d ) ( XXXX ) ( D ) an investigative consumer report need not be disclosed. ( XXXX ) For purposes of this subsection, the term self-regulatory organization includes any self-regulatory organization ( as defined in section XXXX ( a ) ( XXXX ) of the Securities XXXX XXXX of XXXX ), any entity established under title I of the Sarbanes-Oxley Act of XXXX, any board of trade designated by the Commodity Futures Trading Commission, and XXXX XXXX XXXX XXXX with such Commission XXXX ( z ) Veteran. The term veteran has the meaning given the term in section XXXX of title XXXX, United States XXXX. ( aa ) XXXX medical debt. The term XXXX XXXX XXXX ( XXXX ) means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department XXXX XXXX XXXX ; and ( XXXX ) includes medical collection debt that the Department XXXX XXXX XXXX has wrongfully charged a veteran. XXXX XXXX - XXXX XXXX. XXXX XXXX. Permissible purposes of consumer reports [ XXXX XXXX. XXXX ] ( a ) In general. Subject to subsection ( c ), any consumer reporting agency XXXX furnish a consumer report under the following circumstances and no other : ( XXXX ) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a XXXX grand jury. ( XXXX ) In accordance with the written instructions of the consumer to whom it relates. ( XXXX ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( XXXX ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the XXXX ( G ) XXXX departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards. XXXX XXXX As written in the XXXX amendment that added section XXXX ( a ) ( XXXX ) ( G ). XXXX XXXX ( ii ) should end with ; or instead of a period, and the text of subsection ( g ) should conform to the style of the rest of section XXXX ( a ) ( XXXX ). XXXX XXXX - XXXX U.S.C. XXXX ( XXXX ) In response to a request by the head of a XXXX or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose. ( D ) Redesignated ( C ) ( XXXX ) To an agency administering a State plan under Section XXXX of the Social Security XXXX ( XXXX XXXX. XXXX ) for use to set an initial or modified child support award. ( XXXX ) To the XXXX XXXX XXXX XXXX or the XXXX XXXX XXXX XXXX as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the XXXX XXXX XXXX XXXX or the Federal Credit Union Act, or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable. ( b ) Conditions for Furnishing and Using Consumer Reports for XXXX Purposes. ( XXXX ) Certification from user. A consumer reporting agency XXXX furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( XXXX ) with respect to the consumer report, and the person will comply with paragraph ( XXXX ) with respect to the consumer report if paragraph ( XXXX ) becomes applicable ; and XXXX XXXX - XXXX U.S.C. XXXX ( ii ) information from the consumer report will not be used in violation of any applicable XXXX or XXXX equal employment opportunity law or regulation; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this title, as prescribed by the XXXX under section XXXX ( c ) ( XXXX ) [ XXXX ]. ( XXXX ) XXXX to XXXX. ( A ) In general. Except as provided in subparagraph ( B ), a person XXXX not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) ( ii ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report XXXX be obtained for employment purposes ; and the consumer has authorized in writing ( which authorization XXXX be made on the document referred to in clause ( i ) ) the procurement of the report by that person. ( B ) Application by mail, telephone, computer, or other similar means. If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) ( ii ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report XXXX be obtained for employment purposes, and a summary of the consumers rights under section XXXX ( a ) ( XXXX ) ; and the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person. ( C ) Scope. Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if XXXX XXXX - XXXX XXXX. XXXX ( i ) ( ii ) the consumer is applying for a position over which the XXXX of XXXX has the power to establish qualifications and maximum hours of service pursuant to the provisions of section XXXX of title XXXX, or a position subject to safety regulation by a XXXX transportation agency ; and as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means. ( XXXX ) Conditions on use for adverse actions. ( A ) In general. Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) ( ii ) a copy of the report ; and a description in writing of the rights of the consumer under this title, as prescribed by the XXXX under section XXXX ( c ) ( XXXX ) XXXX ( B ) Application by mail, telephone, computer, or other similar means. ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section XXXX ( a ), within XXXX business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; XXXX The references in Sections XXXX ( b ) ( XXXX ) ( A ) and XXXX ( b ) ( XXXX ) ( B ) should be to Section XXXX ( c ) ( XXXX ), not ( c ) ( XXXX ) that no longer exists as the result of XXXX re-organization of Section XXXX ( c ) in XXXX ( FACT Act ). XXXX XXXX - XXXX XXXX. XXXX ( XXXX ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer XXXX, upon providing proper identification, request a free copy of a report and XXXX dispute with the consumer reporting agency the accuracy or completeness of any information in a report. ( XXXX ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within XXXX business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the XXXX under section XXXX ( c ) ( XXXX ) XXXX ( C ) Scope. Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) ( ii ) the consumer is applying for a position over which the XXXX of XXXX has the power to establish qualifications and maximum hours of service pursuant to the provisions of section XXXX of title XXXX, or a position subject to safety regulation by a XXXX transportation agency ; and as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means. ( XXXX ) Exception for national security investigations. ( A ) In general. In the case of an agency or department of the United States Government which seeks to obtain and use a XXXX XXXX - XXXX U.S.C. XXXX consumer report for employment purposes, paragraph ( XXXX ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that ( i ) ( XXXX ) the consumer report is relevant to a national security investigation of such agency or department ; the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( XXXX ) will ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding. ( B ) XXXX","date_sent_to_company":"2024-04-04T19:12:57.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"77498","tags":null,"has_narrative":true,"complaint_id":"8694849","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"I.C. System, Inc.","date_received":"2024-04-04T19:10:32.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["<em>Short</em> title This title XXXX be cited as the Fair Credit Reporting Act. XXXX. Congressional findings and statement of purpose [ XXXX XXXX. XXXX ] ( a ) Accuracy and fairness of credit reporting. The XXXX makes the following findings : ( XXXX ) The banking system is dependent upon fair and accurate credit reporting."]},"sort":[4.852317,"8694849"]},{"_index":"complaint-public-v1","_id":"8694863","_score":4.8431883,"_source":{"product":"Debt collection","complaint_what_happened":"Date opened : XX/XX/XXXX Amount of {$800.00} XXXX. Short title This title XXXX be cited as the Fair Credit Reporting Act. XXXX. Congressional findings and statement of purpose [ XXXX XXXX. XXXX ] ( a ) Accuracy and fairness of credit reporting. The XXXX makes the following findings : ( XXXX ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( XXXX ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( XXXX ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( XXXX ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures. It is the purpose of this title to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title. XXXX. Definitions ; rules of construction [ XXXX XXXX. XXXX ] ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this title. ( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. ( c ) The term consumer means an individual. ( d ) XXXX Report ( XXXX ) In general. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, XXXX XXXX - XXXX XXXX. XXXX credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section XXXX [ XXXX ]. ( XXXX ) Exclusions. Except as provided in paragraph ( XXXX ), the term consumer report does not include ( A ) subject to section XXXX, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information XXXX be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section XXXX [ XXXX ] ; or ( D ) a communication described in subsection ( o ) or ( x ) XXXX XXXX Should be read as ( o ) or ( y ) because section XXXX ( x ) was re-designated as XXXX ( y ) in XXXX by the XXXX. XXXX XXXX - XXXX XXXX. XXXX ( XXXX ) Restriction on sharing of medical information. Except for information or any communication of information disclosed as provided in section XXXX ( g ) ( XXXX ), the exclusions in paragraph ( XXXX ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services. ( XXXX ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who XXXX have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. ( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. ( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. ( h ) The term employment purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee. ( i ) The term medical information ( XXXX ) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to XXXX XXXX - XXXX U.S.C. XXXX ( A ) the past, present, or future physical, mental, or behavioral health or condition of an individual ; ( B ) the provision of health care to an individual ; or ( C ) the payment for the provision of health care to an individual. ( XXXX ) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy. ( j ) Definitions Relating to Child Support Obligations ( XXXX ) The overdue support has the meaning given to such term in section XXXX ( XXXX ) of title XXXX [ Social Security XXXX, XXXX XXXX. XXXX ( XXXX ) ]. ( XXXX ) The term State or local child support enforcement agency means a XXXX or local agency which administers a State or local program for establishing and enforcing child support obligations. ( k ) Adverse Action ( XXXX ) Actions included. The term adverse action ( A ) has the same meaning as in section XXXX ( d ) ( XXXX ) of the Equal Credit Opportunity Act ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section XXXX ( a ) ( XXXX ) ( D ) [ XXXX ] ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any XXXX XXXX - XXXX XXXX. XXXX consumer, or in connection with a review of an account under section XXXX ( a ) ( XXXX ) ( F ) ( ii ) [ XXXX ] ; and ( XXXX ) adverse to the interests of the consumer. ( XXXX ) XXXX findings, decisions, commentary, and orders. For purposes of any determination of whether an action is an adverse action under paragraph ( XXXX ) ( A ), all appropriate final findings, decisions, commentary, and orders issued under section XXXX ( d ) ( XXXX ) of the Equal Credit Opportunity Act by the XXXX or any court shall apply. ( l ) The term firm offer of credit or insurance means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer XXXX be further conditioned on XXXX or more of the following : ( XXXX ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer. ( XXXX ) XXXX ( XXXX ) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumers application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability. ( XXXX ) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was ( A ) established before selection of the consumer for the offer of credit or insurance; and ( B ) disclosed to the consumer in the offer of credit or insurance. XXXX XXXX - XXXX XXXX. XXXX ( m ) The term credit or insurance transaction that is not initiated by the consumer does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of ( XXXX ) reviewing the account or insurance policy ; or ( XXXX ) collecting the account. ( XXXX ) The term XXXX means any State, the XXXX of XXXX XXXX, the District of Columbia, and any territory or possession of the United States. ( o ) Excluded communications. A communication is described in this subsection if it is a communication ( XXXX ) that, but for subsection ( d ) ( XXXX ) ( D ), would be an investigative consumer report ; ( XXXX ) that is made to a prospective employer for the purpose of ( A ) procuring an employee for the employer ; or ( B ) procuring an opportunity for a natural person to work for the employer ; ( XXXX ) that is made by a person who regularly performs such procurement ; ( XXXX ) that is not used by any person for any purpose other than a purpose described in subparagraph ( A ) or ( B ) of paragraph ( XXXX ) ; and ( XXXX ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( XXXX ) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than XXXX business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation ; and XXXX XXXX - XXXX U.S.C. XXXX ( C ) the person who makes the communication ( i ) discloses in writing to the consumer who is the subject of the communication, not later than XXXX business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumers file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought ; and ( ii ) notifies the consumer who is the subject of the communication, in writing, of the consumers right to request the information described in clause ( i ). ( p ) The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( XXXX ) Public record information. ( XXXX ) Credit account information from persons who furnish that information regularly and in the ordinary course of business. ( q ) Definitions relating to fraud alerts. ( XXXX ) The term XXXX XXXX military consumer means a consumer in military service who ( A ) is on XXXX XXXX ( as defined in section XXXX ( d ) ( XXXX ) of title XXXX, United States Code ) or is a XXXX performing duty under a call or order to XXXX XXXX under a provision of law referred to in section XXXX ( a ) ( XXXX ) of title XXXX, United States Code ; and ( B ) is assigned to service away from the usual duty station of the consumer. ( XXXX ) The terms fraud alert and XXXX XXXX alert mean a statement in the file of a consumer that ( A ) notifies all prospective users of a consumer report relating to the consumer that the consumer XXXX be a victim of fraud, including identity theft, or is an XXXX XXXX military consumer, as applicable ; and XXXX XXXX - XXXX U.S.C. XXXX ( B ) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph ( A ) by any person requesting such consumer report. ( XXXX ) The term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the XXXX XXXX prescribe, by regulation. See also XXXX XXXX XXXX XXXX XXXX Fed. XXXX. XXXX ( XX/XX/XXXX ) ( XXXX ) The term identity theft report has the meaning given that term by rule of the XXXX, and means, at a minimum, a report XXXX also XXXX XXXX XXXX XXXX XXXX Fed. XXXX. XXXX ( XX/XX/XXXX ) ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, XXXX, or local law enforcement agency, including the United States XXXX XXXX XXXX, or such other government agency deemed appropriate by the XXXX ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false. ( XXXX ) The term new credit plan means a new account under an open end credit plan ( as defined in section XXXX ( i ) of the Truth in Lending Act ) or a new credit transaction not under an open end credit plan. ( r ) Credit and Debit Related Terms ( XXXX ) The term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card. ( XXXX ) The term credit card has the same meaning as in section XXXX of the Truth in Lending Act. ( XXXX ) The term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services. ( XXXX ) The terms account and electronic fund transfer have the same meanings as in section XXXX of the Electronic Fund Transfer Act. XXXX XXXX - XXXX U.S.C. XXXX ( XXXX ) The terms credit and creditor have the same meanings as in section XXXX of the Equal Credit Opportunity Act. ( XXXX ) ( t ) The term XXXX banking agency has the same meaning as in section XXXX of the XXXX XXXX XXXX XXXX. The term financial institution means a State or National bank, a XXXX or XXXX XXXX and XXXX XXXX, a mutual savings bank, a XXXX or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section XXXX ( b ) of the Federal Reserve XXXX ) belonging to a consumer. ( u ) The term reseller means a consumer reporting agency that ( XXXX ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( XXXX ) does not maintain a database of the assembled or merged information from which new consumer reports are produced. ( v ) The term XXXX means the Federal Trade Commission. ( XXXX ) The term XXXX means the XXXX XXXX XXXX XXXX XXXX. ( x ) The term nationwide specialty consumer reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( XXXX ) medical records or payments ; ( XXXX ) residential or tenant history ; ( XXXX ) check writing history ; ( XXXX ) employment history; or ( XXXX ) insurance claims. ( y ) Exclusion of Certain Communications for Employee Investigations ( XXXX ) A communication is described in this subsection if ( A ) but for subsection ( d ) ( XXXX ) ( D ), the communication would be a consumer report ; ( B ) the communication is made to an employer in connection with an investigation of ( i ) suspected misconduct relating to employment ; or XXXX XXXX - XXXX U.S.C. XXXX ( ii ) compliance with XXXX, XXXX, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer ; ( C ) the communication is not made for the purpose of investigating a consumers credit worthiness, credit standing, or credit capacity ; and ( D ) the communication is not provided to any person except ( i ) to the employer or an agent of the employer ; ( ii ) to any XXXX or XXXX XXXX XXXX agency, or department, or any XXXX, agency, or department of a unit of general local government ; ( iii ) to any self-regulatory organization with regulatory authority over the activities of the employer or employee ; ( iv ) as otherwise required by law ; or ( v ) pursuant to section XXXX. ( XXXX ) Subsequent disclosure. After taking any adverse action based in whole or in part on a communication described in paragraph ( XXXX ), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection ( d ) ( XXXX ) ( D ) an investigative consumer report need not be disclosed. ( XXXX ) For purposes of this subsection, the term self-regulatory organization includes any self-regulatory organization ( as defined in section XXXX ( a ) ( XXXX ) of the Securities XXXX XXXX of XXXX ), any entity established under title I of the Sarbanes-Oxley Act of XXXX, any board of trade designated by the Commodity Futures Trading Commission, and XXXX XXXX XXXX XXXX with such Commission XXXX ( z ) Veteran. The term veteran has the meaning given the term in section XXXX of title XXXX, United States XXXX. ( aa ) XXXX medical debt. The term XXXX XXXX XXXX ( XXXX ) means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department XXXX XXXX XXXX ; and ( XXXX ) includes medical collection debt that the Department XXXX XXXX XXXX has wrongfully charged a veteran. XXXX XXXX - XXXX XXXX. XXXX XXXX. Permissible purposes of consumer reports [ XXXX XXXX. XXXX ] ( a ) In general. Subject to subsection ( c ), any consumer reporting agency XXXX furnish a consumer report under the following circumstances and no other : ( XXXX ) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a XXXX grand jury. ( XXXX ) In accordance with the written instructions of the consumer to whom it relates. ( XXXX ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( XXXX ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the XXXX ( G ) XXXX departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards. XXXX XXXX As written in the XXXX amendment that added section XXXX ( a ) ( XXXX ) ( G ). XXXX XXXX ( ii ) should end with ; or instead of a period, and the text of subsection ( g ) should conform to the style of the rest of section XXXX ( a ) ( XXXX ). XXXX XXXX - XXXX U.S.C. XXXX ( XXXX ) In response to a request by the head of a XXXX or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose. ( D ) Redesignated ( C ) ( XXXX ) To an agency administering a State plan under Section XXXX of the Social Security XXXX ( XXXX XXXX. XXXX ) for use to set an initial or modified child support award. ( XXXX ) To the XXXX XXXX XXXX XXXX or the XXXX XXXX XXXX XXXX as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the XXXX XXXX XXXX XXXX or the Federal Credit Union Act, or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable. ( b ) Conditions for Furnishing and Using Consumer Reports for XXXX Purposes. ( XXXX ) Certification from user. A consumer reporting agency XXXX furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( XXXX ) with respect to the consumer report, and the person will comply with paragraph ( XXXX ) with respect to the consumer report if paragraph ( XXXX ) becomes applicable ; and XXXX XXXX - XXXX U.S.C. XXXX ( ii ) information from the consumer report will not be used in violation of any applicable XXXX or XXXX equal employment opportunity law or regulation; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this title, as prescribed by the XXXX under section XXXX ( c ) ( XXXX ) [ XXXX ]. ( XXXX ) XXXX to XXXX. ( A ) In general. Except as provided in subparagraph ( B ), a person XXXX not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) ( ii ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report XXXX be obtained for employment purposes ; and the consumer has authorized in writing ( which authorization XXXX be made on the document referred to in clause ( i ) ) the procurement of the report by that person. ( B ) Application by mail, telephone, computer, or other similar means. If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) ( ii ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report XXXX be obtained for employment purposes, and a summary of the consumers rights under section XXXX ( a ) ( XXXX ) ; and the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person. ( C ) Scope. Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if XXXX XXXX - XXXX XXXX. XXXX ( i ) ( ii ) the consumer is applying for a position over which the XXXX of XXXX has the power to establish qualifications and maximum hours of service pursuant to the provisions of section XXXX of title XXXX, or a position subject to safety regulation by a XXXX transportation agency ; and as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means. ( XXXX ) Conditions on use for adverse actions. ( A ) In general. Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) ( ii ) a copy of the report ; and a description in writing of the rights of the consumer under this title, as prescribed by the XXXX under section XXXX ( c ) ( XXXX ) XXXX ( B ) Application by mail, telephone, computer, or other similar means. ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section XXXX ( a ), within XXXX business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; XXXX The references in Sections XXXX ( b ) ( XXXX ) ( A ) and XXXX ( b ) ( XXXX ) ( B ) should be to Section XXXX ( c ) ( XXXX ), not ( c ) ( XXXX ) that no longer exists as the result of XXXX re-organization of Section XXXX ( c ) in XXXX ( FACT Act ). XXXX XXXX - XXXX XXXX. XXXX ( XXXX ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer XXXX, upon providing proper identification, request a free copy of a report and XXXX dispute with the consumer reporting agency the accuracy or completeness of any information in a report. ( XXXX ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within XXXX business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the XXXX under section XXXX ( c ) ( XXXX ) XXXX ( C ) Scope. Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) ( ii ) the consumer is applying for a position over which the XXXX of XXXX has the power to establish qualifications and maximum hours of service pursuant to the provisions of section XXXX of title XXXX, or a position subject to safety regulation by a XXXX transportation agency ; and as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means. ( XXXX ) Exception for national security investigations. ( A ) In general. In the case of an agency or department of the United States Government which seeks to obtain and use a XXXX XXXX - XXXX U.S.C. XXXX consumer report for employment purposes, paragraph ( XXXX ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that ( i ) ( XXXX ) the consumer report is relevant to a national security investigation of such agency or department ; the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( XXXX ) will ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding. ( B ) XXXX","date_sent_to_company":"2024-04-04T19:09:49.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"77498","tags":null,"has_narrative":true,"complaint_id":"8694863","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Trident Asset Management, L.L.C.","date_received":"2024-04-04T19:07:06.000Z","state":"TX","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["<em>Short</em> title This title XXXX be cited as the Fair Credit Reporting Act. XXXX. Congressional findings and statement of purpose [ XXXX XXXX. XXXX ] ( a ) Accuracy and fairness of credit reporting. The XXXX makes the following findings : ( XXXX ) The banking system is dependent upon fair and accurate credit reporting."]},"sort":[4.8431883,"8694863"]},{"_index":"complaint-public-v1","_id":"8863809","_score":4.656389,"_source":{"product":"Debt collection","complaint_what_happened":"I do not know what this account is and do not owe this money 601. Short title This title may be cited as the Fair Credit Reporting Act.\n\n602. Congressional findings and statement of purpose [ 15 U.S.C. 1681 ] ( a ) Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.\n\n( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.\n\n( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.\n\n( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.\n\n( b ) Reasonable procedures. It is the purpose of this title to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title.\n\n603. Definitions ; rules of construction [ 15 U.S.C. 1681a ] ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this title.\n\n( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.\n\n( c ) The term consumer means an individual.\n\n( d ) Consumer Report ( 1 ) In general. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, 2 603 - 15 U.S.C. 1681a credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 604 [ 1681b ].\n\n( 2 ) Exclusions. Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 624, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 615 [ 1681m ] ; or ( D ) a communication described in subsection ( o ) or ( x ) .1 1 Should be read as ( o ) or ( y ) because section 603 ( x ) was re-designated as 603 ( y ) in 2010 by the CFPA.\n\n603 - 15 U.S.C. 1681a 3 ( 3 ) Restriction on sharing of medical information. Except for information or any communication of information disclosed as provided in section 604 ( g ) ( 3 ), the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services.\n\n( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.\n\n( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.\n\n( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.\n\n( h ) The term employment purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.\n\n( i ) The term medical information ( 1 ) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to 4 603 - 15 U.S.C. 1681a ( A ) the past, present, or future physical, mental, or behavioral health or condition of an individual ; ( B ) the provision of health care to an individual ; or ( C ) the payment for the provision of health care to an individual.\n\n( 2 ) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy.\n\n( j ) Definitions Relating to Child Support Obligations ( 1 ) The overdue support has the meaning given to such term in section 666 ( e ) of title 42 [ Social Security Act, 42 U.S.C. 666 ( e ) ].\n\n( 2 ) The term State or local child support enforcement agency means a State or local agency which administers a State or local program for establishing and enforcing child support obligations.\n\n( k ) Adverse Action ( 1 ) Actions included. The term adverse action ( A ) has the same meaning as in section 701 ( d ) ( 6 ) of the Equal Credit Opportunity Act ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 604 ( a ) ( 3 ) ( D ) [ 1681b ] ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any 603 - 15 U.S.C. 1681a 5 consumer, or in connection with a review of an account under section 604 ( a ) ( 3 ) ( F ) ( ii ) [ 1681b ] ; and ( II ) adverse to the interests of the consumer.\n\n( 2 ) Applicable findings, decisions, commentary, and orders. For purposes of any determination of whether an action is an adverse action under paragraph ( 1 ) ( A ), all appropriate final findings, decisions, commentary, and orders issued under section 701 ( d ) ( 6 ) of the Equal Credit Opportunity Act by the Bureau or any court shall apply.\n\n( l ) The term firm offer of credit or insurance means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following : ( 1 ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer.\n\n( 2 ) Verification ( A ) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumers application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability.\n\n( 3 ) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was ( A ) established before selection of the consumer for the offer of credit or insurance; and ( B ) disclosed to the consumer in the offer of credit or insurance.\n\n6 603 - 15 U.S.C. 1681a ( m ) The term credit or insurance transaction that is not initiated by the consumer does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of ( 1 ) reviewing the account or insurance policy ; or ( 2 ) collecting the account.\n\n( n ) The term State means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States.\n\n( o ) Excluded communications. A communication is described in this subsection if it is a communication ( 1 ) that, but for subsection ( d ) ( 2 ) ( D ), would be an investigative consumer report ; ( 2 ) that is made to a prospective employer for the purpose of ( A ) procuring an employee for the employer ; or ( B ) procuring an opportunity for a natural person to work for the employer ; ( 3 ) that is made by a person who regularly performs such procurement ; ( 4 ) that is not used by any person for any purpose other than a purpose described in subparagraph ( A ) or ( B ) of paragraph ( 2 ) ; and ( 5 ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( ii ) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation ; and 603 - 15 U.S.C. 1681a 7 ( C ) the person who makes the communication ( i ) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumers file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought ; and ( ii ) notifies the consumer who is the subject of the communication, in writing, of the consumers right to request the information described in clause ( i ).\n\n( p ) The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( 1 ) Public record information.\n\n( 2 ) Credit account information from persons who furnish that information regularly and in the ordinary course of business.\n\n( q ) Definitions relating to fraud alerts.\n\n( 1 ) The term active duty military consumer means a consumer in military service who ( A ) is on active duty ( as defined in section 101 ( d ) ( 1 ) of title 10, United States Code ) or is a reservist performing duty under a call or order to active duty under a provision of law referred to in section 101 ( a ) ( 13 ) of title 10, United States Code ; and ( B ) is assigned to service away from the usual duty station of the consumer.\n\n( 2 ) The terms fraud alert and active duty alert mean a statement in the file of a consumer that ( A ) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft, or is an active duty military consumer, as applicable ; and 8 603 - 15 U.S.C. 1681a ( B ) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph ( A ) by any person requesting such consumer report.\n\n( 3 ) The term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the Bureau may prescribe, by regulation.\n\nSee also 16 CFR Part 603.2 69 Fed. Reg. 63922 ( 11/03/04 ) ( 4 ) The term identity theft report has the meaning given that term by rule of the Bureau, and means, at a minimum, a report See also 16 CFR Part 603.3 69 Fed. Reg. 63922 ( 11/03/04 ) ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false.\n\n( 5 ) The term new credit plan means a new account under an open end credit plan ( as defined in section 103 ( i ) of the Truth in Lending Act ) or a new credit transaction not under an open end credit plan.\n\n( r ) Credit and Debit Related Terms ( 1 ) The term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card.\n\n( 2 ) The term credit card has the same meaning as in section 103 of the Truth in Lending Act.\n\n( 3 ) The term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services.\n\n( 4 ) The terms account and electronic fund transfer have the same meanings as in section 903 of the Electronic Fund Transfer Act.\n\n603 - 15 U.S.C. 1681a 9 ( 5 ) The terms credit and creditor have the same meanings as in section 702 of the Equal Credit Opportunity Act.\n\n( s ) The term Federal banking agency has the same meaning as in section 3 of the Federal Deposit Insurance Act.\n\n( t ) The term financial institution means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section 19 ( b ) of the Federal Reserve Act ) belonging to a consumer.\n\n( u ) The term reseller means a consumer reporting agency that ( 1 ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( 2 ) does not maintain a database of the assembled or merged information from which new consumer reports are produced.\n\n( v ) The term Commission means the Federal Trade Commission.\n\n( w ) The term Bureau means the Bureau of Consumer Financial Protection.\n\n( x ) The term nationwide specialty consumer reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( 1 ) medical records or payments ; ( 2 ) residential or tenant history ; ( 3 ) check writing history ; ( 4 ) employment history; or ( 5 ) insurance claims.\n\n( y ) Exclusion of Certain Communications for Employee Investigations ( 1 ) A communication is described in this subsection if ( A ) but for subsection ( d ) ( 2 ) ( D ), the communication would be a consumer report ; ( B ) the communication is made to an employer in connection with an investigation of ( i ) suspected misconduct relating to employment ; or 10 603 - 15 U.S.C. 1681a ( ii ) compliance with Federal, State, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer ; ( C ) the communication is not made for the purpose of investigating a consumers credit worthiness, credit standing, or credit capacity ; and ( D ) the communication is not provided to any person except ( i ) to the employer or an agent of the employer ; ( ii ) to any Federal or State officer , agency, or department, or any officer, agency, or department of a unit of general local government ; ( iii ) to any self-regulatory organization with regulatory authority over the activities of the employer or employee ; ( iv ) as otherwise required by law ; or ( v ) pursuant to section 608.\n\n( 2 ) Subsequent disclosure. After taking any adverse action based in whole or in part on a communication described in paragraph ( 1 ), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection ( d ) ( 2 ) ( D ) an investigative consumer report need not be disclosed.\n\n( 3 ) For purposes of this subsection, the term self-regulatory organization includes any self-regulatory organization ( as defined in section 3 ( a ) ( 26 ) of the Securities Exchange Act of 1934 ), any entity established under title I of the Sarbanes-Oxley Act of 2002, any board of trade designated by the Commodity Futures Trading Commission, and any futures association registered with such Commission .\n\n( z ) Veteran. The term veteran has the meaning given the term in section 101 of title 38, United States Code.\n\n( aa ) Veterans medical debt. The term veterans medical debt ( 1 ) means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department of Veterans Affairs ; and ( 2 ) includes medical collection debt that the Department of Veterans Affairs has wrongfully charged a veteran.\n\n604 - 15 U.S.C. 1681b 11 604. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] ( 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, or a subpoena issued in connection with proceedings before a Federal grand jury.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\n( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.2 ( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards. 2 2 As written in the 2007 amendment that added section 604 ( a ) ( 3 ) ( G ). Subsection F ( ii ) should end with ; or instead of a period, and the text of subsection ( g ) should conform to the style of the rest of section 605 ( a ) ( 3 ).\n\n12 604 - 15 U.S.C. 1681b ( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.\n\n( D ) Redesignated ( C ) ( 5 ) To an agency administering a State plan under Section 454 of the Social Security Act ( 42 U.S.C. 654 ) for use to set an initial or modified child support award.\n\n( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act or the Federal Credit Union Act, or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable.\n\n( b ) Conditions for Furnishing and Using Consumer Reports for Employment Purposes.\n\n( 1 ) Certification from user. A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and 604 - 15 U.S.C. 1681b 13 ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this title, as prescribed by the Bureau under section 609 ( c ) ( 3 ) [ 1681g ].\n\n( 2 ) Disclosure to Consumer.\n\n( A ) In general. Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.\n\n( B ) Application by mail, telephone, computer, or other similar means. If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 615 ( a ) ( 3 ) ; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.\n\n( C ) Scope. Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if 14 604 - 15 U.S.C. 1681b ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 3 ) Conditions on use for adverse actions.\n\n( A ) In general. Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this title, as prescribed by the Bureau under section 609 ( c ) ( 3 ) .3 ( B ) Application by mail, telephone, computer, or other similar means.\n\n( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 615 ( a ), within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; 3 The references in Sections 604 ( b ) ( 3 ) ( A ) and 604 ( b ) ( 3 ) ( B ) should be to Section 609 ( c ) ( 1 ), not ( c ) ( 3 ) that no longer exists as the result of Congress re-organization of Section 609 ( c ) in 2003 ( FACT Act ).\n\n604 - 15 U.S.C. 1681b 15 ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.\n\n( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the Bureau under section 609 ( c ) ( 3 ) .3 ( C ) Scope. Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 4 ) Exception for national security investigations.\n\n( A ) In general. In the case of an agency or department of the United States Government which seeks to obtain and use a 16 604 - 15 U.S.C. 1681b consumer report for employment purposes","date_sent_to_company":"2024-04-26T14:48:05.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"77498","tags":null,"has_narrative":true,"complaint_id":"8863809","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Sequium Asset Solutions, LLC","date_received":"2024-04-26T14:44:40.000Z","state":"TX","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["( r ) Credit and Debit Related Terms ( 1 ) The term card <em>issuer</em> means ( A ) a credit card <em>issuer</em>, in the case of a credit card ; and ( B ) a debit card <em>issuer</em>, in the case of a debit card.\n\n( 2 ) The term credit card has the same meaning as in section 103 of the Truth in Lending Act."]},"sort":[4.656389,"8863809"]},{"_index":"complaint-public-v1","_id":"8864589","_score":4.647458,"_source":{"product":"Debt collection","complaint_what_happened":"I never had Insurance with XXXX I requested a quote and now i see they saying I owe money. \n601. Short title This title may be cited as the Fair Credit Reporting Act.\n\n602. Congressional findings and statement of purpose [ 15 U.S.C. 1681 ] ( a ) Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. \n( XXXX ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. \n( XXXX ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. \n( XXXX ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. \n( b ) Reasonable procedures. It is the purpose of this title to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title.\n\n603. Definitions ; rules of construction [ 15 U.S.C. 1681a ] ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this title.\n\n( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. \n( c ) The term consumer means an individual.\n\n( d ) Consumer Report ( 1 ) In general. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, 2 603 - 15 U.S.C. 1681a credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 604 [ 1681b ].\n\n( 2 ) Exclusions. Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 624, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 615 [ 1681m ] ; or ( D ) a communication described in subsection ( o ) or ( x ) .1 1 Should be read as ( o ) or ( y ) because section 603 ( x ) was re-designated as 603 ( y ) in 2010 by the CFPA.\n\n603 - 15 U.S.C. 1681a 3 ( 3 ) Restriction on sharing of medical information. Except for information or any communication of information disclosed as provided in section 604 ( g ) ( 3 ), the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services. \n( XXXX ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who XXXX have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. \n( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. \n( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. \n( h ) The term employment purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee. \n( i ) The term medical information ( XXXX ) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to 4 603 - 15 U.S.C. 1681a ( A ) the past, present, or future physical, XXXX, or behavioral health or condition of an individual ; ( B ) the provision of health care to an individual ; or ( C ) the payment for the provision of health care to an individual.\n\n( 2 ) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy.\n\n( j ) Definitions Relating to Child Support Obligations ( 1 ) The overdue support has the meaning given to such term in section 666 ( e ) of title 42 [ Social Security Act, 42 U.S.C. 666 ( e ) ].\n\n( 2 ) The term State or local child support enforcement agency means a State or local agency which administers a State or local program for establishing and enforcing child support obligations.\n\n( k ) Adverse Action ( 1 ) Actions included. The term adverse action ( A ) has the same meaning as in section 701 ( d ) ( 6 ) of the Equal Credit Opportunity Act ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 604 ( a ) ( 3 ) ( D ) [ 1681b ] ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any 603 - 15 U.S.C. 1681a 5 consumer, or in connection with a review of an account under section 604 ( a ) ( 3 ) ( F ) ( ii ) [ 1681b ] ; and ( II ) adverse to the interests of the consumer.\n\n( 2 ) Applicable findings, decisions, commentary, and orders. For purposes of any determination of whether an action is an adverse action under paragraph ( 1 ) ( A ), all appropriate final findings, decisions, commentary, and orders issued under section 701 ( d ) ( 6 ) of the Equal Credit Opportunity Act by the Bureau or any court shall apply.\n\n( l ) The term firm offer of credit or insurance means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following : ( 1 ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer.\n\n( 2 ) Verification ( A ) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumers application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability.\n\n( 3 ) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was ( A ) established before selection of the consumer for the offer of credit or insurance; and ( B ) disclosed to the consumer in the offer of credit or insurance.\n\n6 603 - 15 U.S.C. 1681a ( m ) The term credit or insurance transaction that is not initiated by the consumer does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of ( 1 ) reviewing the account or insurance policy ; or ( 2 ) collecting the account.\n\n( n ) The term State means any State, XXXX XXXX XXXX XXXX  XXXX, the District of Columbia, and any territory or possession of the United States. \n( o ) Excluded communications. A communication is described in this subsection if it is a communication ( 1 ) that, but for subsection ( d ) ( 2 ) ( D ), would be an investigative consumer report ; ( 2 ) that is made to a prospective employer for the purpose of ( A ) procuring an employee for the employer ; or ( B ) procuring an opportunity for a natural person to work for the employer ; ( 3 ) that is made by a person who regularly performs such procurement ; ( 4 ) that is not used by any person for any purpose other than a purpose described in subparagraph ( A ) or ( B ) of paragraph ( 2 ) ; and ( 5 ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( ii ) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than XXXX business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation ; and 603 - 15 U.S.C. 1681a 7 ( C ) the person who makes the communication ( i ) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumers file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought ; and ( ii ) notifies the consumer who is the subject of the communication, in writing, of the consumers right to request the information described in clause ( i ). \n( p ) The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( XXXX ) Public record information. \n( XXXX ) Credit account information from persons who furnish that information regularly and in the ordinary course of business. \n( q ) Definitions relating to fraud alerts. \n( XXXX ) The term XXXX XXXX XXXX  consumer means a consumer in military service who ( A ) is on XXXX XXXX ( as defined in section 101 ( d ) ( 1 ) of title 10, United States Code ) or is a XXXX performing duty under a call or order to XXXX XXXX under a provision of law referred to in section 101 ( a ) ( 13 ) of title 10, United States Code ; and ( B ) is assigned to service away from the usual duty station of the consumer. \n( XXXX ) The terms fraud alert and XXXX XXXX alert mean a statement in the file of a consumer that ( A ) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft, or is an active duty military consumer, as applicable ; and 8 603 - 15 U.S.C. 1681a ( B ) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph ( A ) by any person requesting such consumer report. \n( XXXX ) The term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the Bureau may prescribe, by regulation.\n\nSee also 16 CFR Part 603.2 69 Fed. Reg. 63922 ( XXXX XXXX XXXX  4 ) The term identity theft report has the meaning given that term by rule of the Bureau, and means, at a minimum, a report See also 16 CFR Part 603.3 69 Fed. Reg. 63922 ( XXXX  ) ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false. \n( XXXX ) The term new credit plan means a new account under an open end credit plan ( as defined in section XXXX ( i ) of the Truth in Lending Act ) or a new credit transaction not under an open end credit plan. \n( r ) Credit and Debit Related Terms ( XXXX ) The term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card. \n( XXXX ) The term credit card has the same meaning as in section XXXX of the Truth in Lending Act. \n( XXXX ) The term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services.\n\n( 4 ) The terms account and electronic fund transfer have the same meanings as in section 903 of the Electronic Fund Transfer Act.\n\n603 - 15 U.S.C. 1681a 9 ( 5 ) The terms credit and creditor have the same meanings as in section 702 of the Equal Credit Opportunity Act.\n\n( s ) The term Federal banking agency has the same meaning as in section 3 of the Federal Deposit Insurance Act.\n\n( t ) The term financial institution means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section 19 ( b ) of the Federal Reserve AcXXXX ) belonging to a consumer. \n( u ) The term reseller means a consumer reporting agency that ( XXXX ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( XXXX ) does not maintain a database of the assembled or merged information from which new consumer reports are produced. \n( v ) The term XXXX means the Federal Trade Commission. \n( XXXX ) The term XXXX means the XXXX XXXX XXXX XXXX XXXX. \n( x ) The term nationwide specialty consumer reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( XXXX ) medical records or payments ; ( XXXX ) residential or tenant history ; ( XXXX ) check writing history ; ( XXXX ) employment history; or ( XXXX ) insurance claims. \n( y ) Exclusion of Certain Communications for Employee Investigations ( XXXX ) A communication is described in this subsection if ( A ) but for subsection ( d ) ( XXXX ) ( D ), the communication would be a consumer report ; ( B ) the communication is made to an employer in connection with an investigation of ( i ) suspected misconduct relating to employment ; or XXXX XXXX - XXXX XXXX. XXXX ( ii ) compliance with XXXX, XXXX, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer ; ( C ) the communication is not made for the purpose of investigating a consumers credit worthiness, credit standing, or credit capacity ; and ( D ) the communication is not provided to any person except ( i ) to the employer or an agent of the employer ; ( ii ) to any XXXX or XXXX XXXX XXXX agency, or department, or any XXXX, agency, or department of a unit of general local government ; ( iii ) to any self-regulatory organization with regulatory authority over the activities of the employer or employee ; ( iv ) as otherwise required by law ; or ( v ) pursuant to section 608.\n\n( 2 ) Subsequent disclosure. After taking any adverse action based in whole or in part on a communication described in paragraph ( 1 ), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection ( d ) ( 2 ) ( D ) an investigative consumer report need not be disclosed.\n\n( 3 ) For purposes of this subsection, the term self-regulatory organization includes any self-regulatory organization ( as defined in section 3 ( a ) ( 26 ) of the Securities Exchange Act of 1934 ), any entity established under title I of the Sarbanes-Oxley Act of XXXX, any board of trade designated by the Commodity Futures Trading Commission, and XXXX XXXX XXXX XXXX with such Commission XXXX \n( z ) Veteran. The term veteran has the meaning given the term in section XXXX of title XXXX, United States XXXX. \n( aa ) XXXX medical debt. The term XXXX XXXX XXXX ( XXXX ) means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department XXXX XXXX XXXX ; and ( XXXX ) includes medical collection debt that the Department XXXX XXXX XXXX has wrongfully charged a veteran. \nXXXX - XXXX U.S.C. XXXX XXXX XXXX. Permissible purposes of consumer reports [ XXXX XXXX. XXXX ] ( a ) In general. Subject to subsection ( c ), any consumer reporting agency XXXX furnish a consumer report under the following circumstances and no other : ( XXXX ) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a XXXX grand jury. \n( XXXX ) In accordance with the written instructions of the consumer to whom it relates. \n( XXXX ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( XXXX ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the XXXX ( G ) XXXX departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards. XXXX XXXX As written in the XXXX amendment that added section XXXX ( a ) ( XXXX ) ( G ). XXXX XXXX ( ii ) should end with ; or instead of a period, and the text of subsection ( g ) should conform to the style of the rest of section XXXX ( a ) ( XXXX ). \nXXXX XXXX - XXXX U.S.C. XXXX ( XXXX ) In response to a request by the head of a XXXX or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.\n\n( D ) Redesignated ( C ) ( 5 ) To an agency administering a State plan under Section 454 of the Social Security Act ( 42 U.S.C. 654 ) for use to set an initial or modified child support award.\n\n( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act or the Federal Credit Union Act, or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable.\n\n( b ) Conditions for Furnishing and Using Consumer Reports for Employment Purposes.\n\n( 1 ) Certification from user. A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( XXXX ) with respect to the consumer report, and the person will comply with paragraph ( XXXX ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and 604 - 15 U.S.C. 1681b 13 ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this title, as prescribed by the Bureau under section 609 ( c ) ( 3 ) [ 1681g ].\n\n( 2 ) Disclosure to Consumer.\n\n( A ) In general. Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.\n\n( B ) Application by mail, telephone, computer, or other similar means. If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 615 ( a ) ( 3 ) ; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person. \n( C ) Scope. Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if XXXX XXXX - XXXX XXXX. XXXX ( i ) the consumer is applying for a position over which the XXXX of XXXX has the power to establish qualifications and maximum hours of service pursuant to the provisions of section XXXX of title XXXX, or a position subject to safety regulation by a XXXX transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means. \n( XXXX ) Conditions on use for adverse actions. \n( A ) In general. Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this title, as prescribed by the Bureau under section 609 ( c ) ( 3 ) .3 ( B ) Application by mail, telephone, computer, or other similar means. \n( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 615 ( a ), within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; 3 The references in Sections 604 ( b ) ( 3 ) ( A ) and 604 ( b ) ( 3 ) ( B ) should be to Section 609 ( c ) ( 1 ), not ( c ) ( 3 ) that no longer exists as the result of Congress re-organization of Section 609 ( c ) in 2003 ( FACT Act ).\n\n604 - 15 U.S.C. 1681b 15 ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer XXXX, upon providing proper identification, request a free copy of a report and XXXX dispute with the consumer reporting agency the accuracy or completeness of any information in a report. \n( XXXX ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within XXXX business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the XXXX under section XXXX ( c ) ( XXXX ) XXXX ( C ) Scope. Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 4 ) Exception for national security investigations.\n\n( A ) In general. In the case of an agency or department of the United States Government which seeks to obtain and use a 16 604 - 15 U.S.C. 1681b cons","date_sent_to_company":"2024-04-26T14:53:56.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"77498","tags":null,"has_narrative":true,"complaint_id":"8864589","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"CCS Financial Services, Inc.","date_received":"2024-04-26T14:49:33.000Z","state":"TX","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["( r ) Credit and Debit Related Terms ( XXXX ) The term card <em>issuer</em> means ( A ) a credit card <em>issuer</em>, in the case of a credit card ; and ( B ) a debit card <em>issuer</em>, in the case of a debit card. \n( XXXX ) The term credit card has the same meaning as in section XXXX of the Truth in Lending Act."]},"sort":[4.647458,"8864589"]},{"_index":"complaint-public-v1","_id":"18574228","_score":4.6016746,"_source":{"product":"Debt collection","complaint_what_happened":"CONSUMER FINANCIAL PROTECTION BUREAU FORMAL COMPLAINT COMPLAINANT INFORMATION XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TN XXXX COMPANY COMPLAINED ABOUT Javitch Block LLC XXXX XXXX XXXX, XXXXXXXX XXXX XXXXXXXX, Ohio XXXX Phone : ( XXXX ) XXXX ACCOUNT INFORMATION Account/Reference Number : XXXX Alleged Original Creditor : XXXX XXXX XXXX XXXX XXXX XXXX Account XXXX XXXX XXXX Alleged Debt Amount : {$16000.00} NATURE OF COMPLAINT Violation of Fair Debt Collection Practices Act ( FDCPA ) Failure to Provide Adequate Debt Validation and Continued Collection Without Proper Verification EXECUTIVE SUMMARY I am filing this formal complaint against Javitch Block LLC for systematic and egregious violations of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692 et seq. ). Despite receiving my comprehensive debt validation request within the statutory 30-day period, Javitch Block LLC has failed to provide adequate validation while continuing collection activities. Their response consisted of minimal identifying information and a single credit card statement, which falls woefully short of the documentation required to validate a debt under federal law. \nDETAILED TIMELINE OF EVENTS XX/XX/XXXX : Initial Collection Notice Received I received a collection notice from Javitch Block LLC claiming I owed {$16000.00} to XXXX XXXX XXXX XXXX XXXX on account number ending in XXXX. The notice included minimal information and a form requesting I dispute the debt by XX/XX/XXXX. \nXX/XX/XXXX : Comprehensive Debt Validation Request Sent Within the 30-day validation period mandated by 15 U.S.C. 1692g, I sent a detailed Debt Validation and Cease and Desist letter via certified mail, return receipt requested. This letter specifically requested the following documentation : 1. Complete information about the original creditor 2. Original account number with the original creditor 3. Complete itemization showing how the alleged debt amount was calculated 4. Copies of statements or invoices from the original creditor 5. Copy of the signed contract, agreement, or legal document establishing my obligation 6. Complete chain of title documentation showing all assignments from XXXX XXXX XXXX XXXX XXXX to Javitch Block LLC 7. Proof of Tennessee debt collection license 8. Documentation of legal authority and standing to collect this alleged debt 9. Securitization documentation if applicable XX/XX/XXXX : Grossly Inadequate \" Verification '' Response Javitch Block LLC sent a letter dated XX/XX/XXXX, claiming to provide validation. However, their response contained ONLY the following minimal information : Date account was opened : XX/XX/XXXX Date of alleged last payment : XX/XX/XXXX Creditor name and address : XXXX XXXX XXXX XXXX XXXX, XXXX. XXXX XXXX, XXXX, XXXX XXXX Partial account number : XXXX Partial social security number : XXXX Alleged balance : {$16000.00} as of XX/XX/XXXX XXXX credit card statement dated XX/XX/XXXX This minimal response does NOT constitute proper debt validation under the FDCPA. \nXX/XX/XXXX : Second Comprehensive Validation Demand I sent a detailed second demand letter explaining the inadequacy of their response and renewing my comprehensive validation request. As of the filing of this complaint, Javitch Block LLC has still not provided proper validation.\n\nSPECIFIC FDCPA VIOLATIONS Violation 1 : Failure to Provide Adequate Debt Validation ( 15 U.S.C. 1692g ( b ) ) Under 15 U.S.C. 1692g ( b ), when a consumer requests validation of a debt within 30 days of receiving the initial collection notice, the debt collector must cease collection activities until adequate validation is provided. Javitch Block LLC has completely failed to meet this legal requirement. \nCritical Missing Documentation : A. No Original Signed Contract Javitch Block LLC failed to provide the foundational document that would establish my alleged obligation the original signed credit card application or agreement. A single statement from XX/XX/XXXX is NOT a contract. Without this document, they can not prove that a valid debt exists or that I agreed to any terms. \nB. No Complete Account History One statement from XX/XX/XXXX does not constitute a complete account history. They provided no documentation showing the complete transaction history from the alleged account opening ( XX/XX/XXXX ) to present, including all charges, payments, interest applications, and fees. There is a complete documentation gap from the alleged last payment date ( XX/XX/XXXX ) until the single statement provided ( XX/XX/XXXX ). \nC. No Itemized Accounting Javitch Block LLC failed to provide an itemized accounting showing how the alleged debt of {$16000.00} was calculated. Where is the breakdown of principal, interest rates applied with dates, fees charged with descriptions, all payments credited, and all credits or adjustments? The credit card statement shows a balance but does not prove the accuracy of that balance or how it was calculated. \nD. No Chain of Title Documentation This is perhaps the most critical failure. Javitch Block LLC provided ZERO documentation showing how this alleged debt was transferred from XXXX XXXX XXXX XXXX XXXX to them. There is no assignment agreement, no bill of sale, no chain of custody documentation. They can not prove they have legal standing to collect this debt. \nE. No Proof of Legal Authority Javitch Block LLC failed to provide documentation proving their legal authority and standing to collect this alleged debt. They provided no power of attorney, no authorization from XXXX XXXX XXXX XXXX XXXX, and no evidence they are the current legal owner or authorized collector of this debt. \nXXXX XXXX Tennessee Collection License Proof Despite my specific request, Javitch Block LLC failed to provide proof that they are properly licensed to collect debts in Tennessee as required by state law. \nViolation 2 : Continued Collection Activities Without Validation ( 15 U.S.C. 1692g ( b ) ) The law is explicit : upon receipt of a consumer 's validation request within 30 days, the debt collector \" shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt ... '' Despite receiving my comprehensive validation request on or about XX/XX/XXXX, Javitch Block LLC has : Failed to cease collection activities Sent inadequate responses claiming to provide validation May have continued reporting this unvalidated debt to credit bureaus Maintained their collection posture despite complete failure to validate Violation 3 : False Representation of Debt Verification ( 15 U.S.C. 1692e ( 8 ) ) By sending their XX/XX/XXXX letter with minimal information and a single credit card statement, Javitch Block LLC falsely represented that they had verified the debt as required by law. This constitutes a violation of 15 U.S.C. 1692e ( 8 ), which prohibits \" [ c ] ommunicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. '' Violation 4 : Misrepresentation of Character, Amount, or Legal Status of Debt ( 15 U.S.C. 1692e ) Without providing proper validation, including the original contract and complete accounting, Javitch Block LLC can not legitimately represent the character, amount, or legal status of this alleged debt. Their continued assertion that I owe {$16000.00} without providing documentation to support this amount constitutes misrepresentation under 1692e.\n\nViolation 5 : Unfair Collection Practices ( 15 U.S.C. 1692f ) The collection of a debt that has not been properly validated constitutes an unfair practice under 15 U.S.C. 1692f. By refusing to provide comprehensive validation while maintaining their collection stance, Javitch Block LLC is attempting to collect a debt through unfair and unconscionable means. \n\nLEGAL ANALYSIS AND CASE LAW The requirements for debt validation under the FDCPA are well-established in case law. The purpose of 1692g is to ensure that consumers have adequate information to determine whether they actually owe a debt and to whom.\n\nWhat Constitutes Adequate Validation Courts have consistently held that adequate validation must provide sufficient information for a consumer to verify the debt. While 1692g does not specify exactly what documentation must be provided, courts have found that collectors must provide more than minimal identifying information. The validation must allow the consumer to determine whether the debt is theirs and whether the amount is correct. \nIn this case, Javitch Block LLC 's response fails even the most basic validation requirements : No documentation establishing that I entered into a contract with XXXX XXXX XXXX XXXX XXXX No documentation showing how the alleged balance was calculated No documentation proving Javitch Block LLC has legal authority to collect this debt No complete account history that would allow me to verify the accuracy of the claimed amount HARM AND IMPACT Javitch Block LLC 's violations have caused me significant harm : Emotional Distress : The stress of dealing with an unvalidated debt claim and aggressive collection attempts has caused substantial emotional distress and anxiety. \nXXXX and XXXX : I have spent considerable time and effort attempting to obtain proper validation, including sending certified letters, researching my rights, and documenting violations. \nPotential Credit Damage : If this unvalidated debt has been reported to credit bureaus, it may be damaging my credit score and financial reputation without proper basis.\n\nContinued Collection Pressure : Despite my clear and legally proper validation requests, I continue to face collection pressure on a debt that has never been properly validated.\n\nRELIEF REQUESTED I respectfully request that the Consumer Financial Protection Bureau : 10. Investigate Javitch Block LLC for systematic violations of the FDCPA 11. Require Javitch Block LLC to cease all collection activities on this alleged debt until proper validation is provided 12. Order Javitch Block LLC to delete all credit reporting related to this unvalidated debt 13. Impose appropriate penalties and sanctions against Javitch Block LLC for their violations 14. Award me statutory damages under 15 U.S.C. 1692k ( up to {$1000.00} ) 15. Award actual damages for the emotional distress, time, and resources expended 16. Award attorney 's fees and costs if I pursue legal action 17. Take any other action deemed appropriate to remedy these violations and prevent future violations SUPPORTING DOCUMENTATION I am providing the following documentation to support this complaint : 18. Copy of initial collection letter from Javitch Block LLC dated XX/XX/XXXX XXXX. Copy of my comprehensive Debt Validation and Cease and Desist letter dated XX/XX/XXXX, sent via certified mail 20. Copy of Javitch Block LLC 's inadequate response dated XX/XX/XXXX XXXX. Copy of credit card statements provided by Javitch Block LLC 22. Copy of my second demand letter dated XX/XX/XXXX XXXX. Certified mail receipts showing delivery of my validation requests ADDITIONAL INFORMATION Pattern of Practice Based on research and consumer complaints, I believe Javitch Block LLC may have a pattern and practice of providing inadequate validation responses. I urge the CFPB to investigate whether this is a systemic issue affecting multiple consumers.\n\nStatute of Limitations Concerns Tennessee has a six-year statute of limitations on written contracts ( XXXX XXXX XXXX. XXXX ). If the alleged last payment was XX/XX/XXXX, as Javitch Block LLC claims, proper documentation would show when the statute of limitations began running and whether it has expired. This is another reason why complete account history and validation is essential. \nNo Admission of Debt Important : This complaint and all my correspondence with Javitch Block LLC do NOT constitute an acknowledgment or admission that I owe this alleged debt. I categorically deny the validity and enforceability of this alleged debt. The burden of proof rests entirely with Javitch Block LLC to validate this debt according to federal law, which they have failed to do. \nCONCLUSION Javitch Block LLC has systematically and egregiously violated the Fair Debt Collection Practices Act. They received my timely and comprehensive validation request, yet they responded with wholly inadequate minimal information that falls far short of proper debt validation. They continue to maintain their collection stance on an unvalidated debt, causing me ongoing harm. \nThe FDCPA exists to protect consumers from exactly this type of abusive debt collection practice. Without proper validation, consumers have no way to determine whether they actually owe a debt, whether the amount is correct, or whether the collector has legal standing to collect it. \nI respectfully request that the CFPB take prompt and decisive action to investigate these violations, require Javitch Block LLC to cease collection activities, remedy the harm caused, and take appropriate enforcement action to prevent future violations. \nThank you for your attention to this serious matter. \nRespectfully submitted, XXXX XXXX XXXX, electronic signature XXXX XXXX XXXX Date : XX/XX/XXXX Contact Information : Phone : XXXX Email : XXXX Copies to : Federal Trade Commission Tennessee Attorney General XXXX XXXX XXXX XXXX Ohio Attorney General - XXXX XXXX XXXX Attachments : XXXX. Initial collection letter from Javitch Block LLC ( XX/XX/XXXX ) XXXX. XXXX XXXX and XXXX and XXXX letter ( XX/XX/XXXX ) XXXX. Javitch Block LLC inadequate response letter ( XX/XX/XXXX ) XXXX Credit card statements provided by Javitch Block LLC XXXX. Second demand letter ( XX/XX/XXXX ) XXXX. Certified mail receipts","date_sent_to_company":"2026-01-12T22:28:36.000Z","issue":"Written notification about debt","sub_product":"Credit card debt","zip_code":"370XX","tags":"Older American","has_narrative":true,"complaint_id":"18574228","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Javitch, Block & Rathbone LLC","date_received":"2026-01-08T19:01:55.000Z","state":"TN","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Didn't receive enough information to verify debt"},"highlight":{"complaint_what_happened":["They received my timely and comprehensive validation request, yet they responded with wholly inadequate minimal information that falls far <em>short</em> of proper debt validation. They continue to maintain their collection stance on an unvalidated debt, causing me ongoing harm. \nThe FDCPA exists to protect consumers from exactly this type of abusive debt collection practice."]},"sort":[4.6016746,"18574228"]},{"_index":"complaint-public-v1","_id":"6509379","_score":4.540901,"_source":{"product":"Payday loan, title loan, or personal loan","complaint_what_happened":"XXXX XXXX XXXX ONE MAIN FINANCIAL XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX dated XX/XX/XXXX. \n\nIn XX/XX/XXXX, I applied for a personal loan to get better terms on a title loan with outrageous terms and over 1000 % interest. I was mislead during the process with another business and just wanted a decent interest rate and a set term to repay the debt. I applied to One Main financial online. I was contacted by the XXXX office and told I was accepted for a loan. General terms were mentioned on the call but nothing could be provided or discussed without a sit down face to face meeting. I made appointment with XXXX, and met with her on XX/XX/XXXX, at the address in XXXXXXXX XXXX She provided the terms and optional coverages. She gave me a printed copy of the disclosures, Truth in Lending, Loan Terms, Arbitration Agreement, total 6 pages. A loan offer summary, same date and loan number. Loan proceeds disbursements authorization form, same date and loan number. A copy of application for loan with addendum to application, completed online, 4 pages. Truth in lending insurance disclosure, same date and loan number which was refused as optional. Statement regarding Debt Consolidation same date and loan number, ( statement only, not signed or numbered as part of loan documents ), 3 pages of documentation on sharing personal information between financial companies, what they share, and things you can limit. A copy of Credit Report generated by OneMain, giving me my score and general information. A information sheet describing DAILY SIMPLE INTEREST, how it works and how it is calculated. A information sheet describing OneMain Financial Customer Referral Program Terms and Conditions. 3 pages, Optional Product Choices, not signed, description of each product offered, ( refused all optional products ), ELECTRONIC Consent agreement, UNSIGNED.\n\nALL THE ABOVE NOTED DOCUMENTS ARE UPLOADED IN THIS COMPLAINT After signing documents, I was asked to wait while they initiated the payoff of my car, and initiated the cash advance to my bank account. Then XXXX came to say, I needed to contact my insurance company to reduce my deductible on my full coverage insurance to a lower deductible to finish the loan. This was not discussed and they had my insurance information prior to signing the loan documents. I was caught off guard and I simply called my insurance and made the requested change and added OneMain as a Lien holder as they required the car as collateral. This increased my premium on my insurance. Not something I anticipated or was informed about till after documents were signed. It was inconvenient and upsetting but I let it slide. \n\nI made my first payment and each months payment well ahead of the monthly due date of the XXXX XXXX of every month. The following are the dates of all payments made on this loan XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX early payment ) All statements documents are also uploaded in this complaint. \n\nI began to see the principal and interest figures did not appear to be correct. As normally a loan first payments will be higher interest and lower principal reduction. This slowly changes over time as a general rule. These figures did not follow that pattern. I questioned the local office in a phone call, and was not successful in getting any info, and referred to the main ONEMAIN Financial offices. \n\nI contacted customer service and had a gentleman look over the documents, noting first that the truth in lending sheet states Amount financed is {$5000.00} APR 30.37 % for 48 months {$180.00} by XXXX of each month. SHOWING IN THE BOXES UNDER SECTION A. TRUTH IN LENDING DISCLOSURES. \n\nHowever on Page 4 under INTEREST BEARING LOAN, states principal plus interest computed on the daily unpaid principal balance as set forth below THE CASH ADVANCE IS {$5100.00} the annual rate of interest is : 29.16 % on the unpaid principal balance Then a statement below this of how interest is computed applying a single equivalent daily rate under Texas Finance Code. This interest rate may not be the same as the APR. You figure the Finance Charge by applying the true daily earnings method as defined by the Texas Finance Code to the unpaid portion of the cash advance. You base the Finance Charge and Total of Payments as if I will make each payment on the day it is due. You will apply payments on the date they are received. This may result in a different Finance Charge or Total of Payments. My final payment may be larger or smaller than my regular payment. \n\nThis interest rate is the Contract Rate.\n\nAll payments will be applied in the following order. First comes other charges provided for in Agreement or allowed by law and late charges. Second comes interest accrued to the date the payment is received and applied by Lender. Third, any remainder goes to the unpaid Principal balance. If I pay early, more of the payment will go to the unpaid Principal balance. If I pay late or miss payments, more of the payment will go to interest. This will delay my Principal reduction and cost me more.\n\nPRINCIPAL. principal is the total of the Amount Financed plus any Prepaid Finance Charges that I have financed. Principal does not include late charges or returned check charges. The amount of Principal is {$5100.00} The gentleman with OneMain reviewing the documents sees the irregularity and is also confused. I then ask him about the principal and interest variation and not being more in line with expectations on any loan reductions in interest charges accruing and in reduction of principal! No rhyme or reason to the fluctuation. He then begins to get frustrated with me insisting on getting an explanation and there is no resolution. A few days later I get a call from a senior manager who says he is calling to answer any questions and resolve my inquiries. He is very rude, dismissive and absolutely no help, as he insists this is all normal practice. The holidays come and Im dealing with many issues, including health related. I drop this issue and continue to make payments from my checking account direct to OneMain before my due date every month! \n\nOn XX/XX/XXXX, I remove a security freeze on my credit for a one week period to apply for credit Im interested in to get lower interest rates for other purposes. I come across a offer for a loan with ONEMAIN at a interest rate of 22 % to 28 %. So I apply just like any first time applicant would. Did not state anywhere on loan application of intended combining a current loan or amount of any credit line amount needed. I was contacted about 4 days later by a XXXX, from ONEMAIN from XXXX office. She says I was approved. Tells me it will pay off my current loan and then offered a large cash advance payment! I told her I was not asking to combine the loan and it was a application for credit as a stand alone! She seems confused and I ask if the manager is there. She is not and says they will call me back! Another couple of days, XXXX the branch manager tries to call and leaves a voicemail message to return the call. I return the call on XX/XX/XXXX. I originally get XXXX again and after conversation I ask for XXXX. After a few minutes XXXX and I go over the offer verbally. \nThese are notes from that conversation. \n\nSays approved for Secured up to {$14000.00} 57 months interest 22.77 %. OR UNSECURED up to {$10000.00} 57 months interest 25.17 % Requires {$500.00} minimum cash advance to get loan. \n\nXXXX then asks what my goal is, get unsecured, lowest interest rate, shortest term to get less than 30 % interest loan re financed! \n\nThen offers this 36 months {$5200.00} loan payoff + {$500.00} cash advance, interest XXXX payment XXXX depending on optional coverage OR 24 months {$5200.00} loan payoff+ {$500.00} cash advance interest XXXX payments $ XXXX depending on optional coverage STATES NO ADMINISTRATIVE FEE AS IN XXXX XXXX \n\nIm thinking I get title back, says should take approximately 30-45 days to receive from state mailed to me, can drop added insurance coverage they demanded after loan documents signed, its unsecured loan, would be slightly less interest for a shorter term 24 months, not 48. \n\nEnd of conversation set appointment for XXXXXXXX XXXX XX/XX/XXXX same day! Get call from XXXX a hour later message to call her unknown reason! \n\nThen after requesting a sit down appointment only option to see terms at XXXX XXXX her office, she calls back to say she misstated the interest rates. XX/XX/XXXX at XXXX XXXX I go in at XXXX XXXX  to the office with my original loan documents and my notebook with details I took down during phone conversation and we enter a cubicle! \n\nFirst she states what interest rates are for the unsecured option. In phone conversation of today the rates were XXXX secured up to {$14000.00}, 57 months 22.77 % pymts XXXX Unsecured {$10000.00}, 57 months 25.17 % interest pymts XXXX Then XXXX gets on phone , she is branch manager gives these figures Unsecured {$5200.00} 36 months interest XXXX pymt XXXX Unsecured {$5200.00} 24 months interest XXXX pymt XXXX Now Im in her office the rate is {$5200.00}, 24 months, interest XXXX payments XXXX no optional coverages selected! \n\nI ask why the changes in interest rates, creditworthiness? She says less interest if you get optional coverages. Document says optional coverage has no effect on impact on loan decision. \n\nAll this discussion before we discuss loan documents. \n\nXXXX Ask what product and terms Im interested in? Lowest interest rate shortest term unsecured so I get my title back since the only option is all Im offered to payoff old loan and take minimum of {$500.00} cash. Only option, will return {$500.00} cash as a payment against principal when received is my intention!\n\nHas me choose options on a computer screen, such as term, 24 months, secured or unsecured, credit protection options. I choose minimum loan amount, 24 months, unsecured, no credit protection option. Did not sign or initial anything and no printed documents to review after 30 minutes. Then she asked for my bank account or debit card, why havent accepted the loan and havent looked at documents? Says its required to print the documents? Ok I gave my debit card, again stating it will be coming straight back as I have no need for {$500.00} cash! Next she arrives with intention of making me read from her computer monitor. I said Im elderly and XXXX and this is uncomfortable I prefer in writing on paper so I can comfortably read them. She argues that is their process to review loan documents! She is starting to get angry and frustrated and I notice she is shaking in her hands holding her paperwork. She informs me on two occasions we need to be professional, and that I am not obligated to continue at any time! I see the red flags clearly but stay respectful and ask for what I need to complete the review!\n\nThe first set of printed documents comes back in with her! The first page is a loan agreement and disclosure statement, including the section A TRUTH IN LENDING DISCLOSURE.\n\nAPR 29.36 % Finance charge XXXX. Amount financed {$5200.00} TOTAL OF PAYMENTS IF ALL PAYMENTS AS SCHEDULED {$7100.00} 1st payment XXXX due XX/XX/XXXX, then 23 payments {$290.00} monthly beginning XX/XX/XXXX. \n\nPrepayment : if I pay off early I will not have to pay a penalty for prepaying all or part of a loans principal balance I WILL NOT get a refund or credit of part of the finance charge for a prepayment in full. I WILL NOT receive a refund or credit for a partial prepayment. \n\nITEMIZATION OF AMOUNT FINANCED Line 21 {$4700.00}. Paid to AMT PAID ON PRIOR ACCOUNT WITH LENDER XXXX ( not full account number, playing a game here, same account number for two loan documents dates, and terms completely different ) LINE 25 {$4700.00}. Total paid on prior accounts w lender Amounts paid to me Line 26 {$500.00} paid to XXXX XXXXXXXX XXXX Total amount financed {$5200.00} Prepaid finance charges {$0.00} The reverse side page 2 shows date of loan XX/XX/XXXX, date finance charge begins to accrue. Then provides terms and conditions very questionable in nature but general terms not specific to my loan with any notations indicated other than standard. \n\nThe 2nd document is titled Loan Offer summary! I notice both these documents although both dated XX/XX/XXXX, have my same loan number as I signed on XX/XX/XXXX. FISHY! \n\nThis document states my account number XXXX, dated XX/XX/XXXX my name and the following statement I have carefully reviewed the terms of this loan offer. I will obtain all changes in writing before I sign my loan documents. \n\nTHEY REFUSED ME A COPY OF THE DOCUMENTS TO BE PRINTED TO READ, INITIALLY, THEN REFUSED TO LET ME KEEP A COPY OF ANY DOCUMENTS I LOOKED OVER WHILE THERE! THE ONLY DOCUMENTS I WAS ALLOWED TO KEEP IS YOUR CREDIT SCORE AND PRICE YOU PAY FOR CREDIT, XXXX XXXXXXXX is not accurate! 2 Pages 2nd page illegible.\n\nONEMAIN NOTICE OF PERSONAL INFORMATION USE 2 pages 2nd page illegible.\n\nDAILY SIMPLE INTEREST AN EXPLANATION 1 page Copies of monthly statements on original loan dated XX/XX/XXXX same loan number as this new loan paperwork. \nXX/XX/XXXX loan date. Statement date XX/XX/XXXX. Monthly payment {$180.00} interest rate 29.16 %. Maturity date XX/XX/XXXX. Payment due date XX/XX/XXXX THIS STATEMENT IS THE FIRST GENERATED WITH DUE DATE XX/XX/XXXX showing loan balance of {$5100.00}. \nStatement dated XX/XX/XXXX. Showing activity XX/XX/XXXX payment {$180.00}. Principal XXXX XXXX {$90.00}. \nNew loan balance {$5000.00} Statement dated XX/XX/XXXX. Activity XX/XX/XXXX payment XXXX. Principal {$61.00} Interest {$120.00} New loan balance {$4900.00} Statement dated XX/XX/XXXX. Activity XX/XX/XXXX. XXXX {$180.00}. Principal {$62.00} Interest {$120.00}. New loan balance {$4900.00} Statement dated XX/XX/XXXX Activity XX/XX/XXXX payment {$180.00}. Principal {$56.00} Interest {$120.00}. New loan balance {$4800.00} Statement dated XX/XX/XXXX. Activity XX/XX/XXXX Payment XXXX principal {$69.00}, interest {$110.00}, new loan balance {$4700.00} Made XX/XX/XXXX payment on XX/XX/XXXX, no statement to show principal, interest, new loan balance XXXX says prints on the XXXX of month. SO HOW DID YOU GET MY LOAN BALANCE FOR THE CONTRACT WE ARE LOOKING AT? She returns with a payment receipt showing my current loan number date XX/XX/XXXX payment {$180.00} principal {$71.00}. Interest {$110.00} new loan balance {$4700.00}. With * stating THIS IS NOT YOUR PAYOFF AMOUNT. Please contact us for full payoff. \nThe last document she allows me to take is a payoff statement, I did not request. Dated XX/XX/XXXX. With account number showing XXXX, note underneath says ( Please Include full 8- digit account number when forwarding payoff funds. The account number can be located on each monthly statement. ). This shows payoff good for XX/XX/XXXX only! Says {$4700.00}. Says per diem ( daily ) Interest {$3.00}. CONDITIONS BEGIN AND CONTINUE ON THE BACK SIDE OF PAGE 13 Items total, and 2nd separate page, CODES ABBREVIATED. BELOW. XXXX. B. ( Indicates INTEREST. XXXX L ( Indicates ADD 1 int due ). XXXX XXXX ( Indicates Payoff before Optional Refunds ). Then adjusted net XXXX. {$4700.00}. Requester XXXX XXXX XXXX. BY XXXX XXXX XXXX. Reason Why. General inquiry ( NO BECAUSE YOUR NOT GIVING ME CORRECT PAYOFF ON A NEW LOAN FIGURE, keeping same loan number from current loan and preying on my intelligence to entice me to sign new loan documents hoping I fall for it and dont question your unethical practices, while you break the law! PREADTORY LENDING, fraud, etc!\n\nIn closing please understand I have never been late on any payment with this company, since XXXX, paid early every month. Tried to ask questions about {$100.00} admin fee that was left off truth in lending disclosure, but Ive been paying interest on but not on 1st page truth in lending disclosure when I signed in XX/XX/XXXX. Then try to discuss issues with fluctuations in interest and principal with local office and main office headquarters, even with a account manager who called but no resolution just excuses and everything is normal, you signed documents! Now I apply for a XXXX % interest rate without mention of refinance by in good standing customer loan and get another lie, fraud, changing rates, changing terms, cant give me printed documents to read and refused to let me take them home! Cant provide a statement on payment of XX/XX/XXXX and incorrect payoff statement and fraudulent new loan balance starting figure. THIS IS ILLEGAL AND PREDATORY! \n\n\nMy solution I seek is wanting my loan paid in full and my title cleared and returned to me in my name only no lien holder.\n\nI will speak to investigators at anytime, testify to facts and have other proof of my facts, including evidence not disclosed at this time, if needed. I will fully participate in any investigation to the fullest and hope that this issue can be addressed and halted as it is very dangerous and mentally and physically exhausting and damaging. Thank you in advance for your consideration and prompt attention to this matter.","date_sent_to_company":"2023-02-01T01:48:53.000Z","issue":"Charged fees or interest you didn't expect","sub_product":"Installment loan","zip_code":"75115","tags":null,"has_narrative":true,"complaint_id":"6509379","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"OneMain Finance Corporation","date_received":"2023-02-01T01:21:13.000Z","state":"TX","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["The holidays come and Im dealing with many <em>issues</em>, including health related. I drop this <em>issue</em> and continue to make payments from my checking account direct to OneMain before my due date every month! \n\nOn XX/XX/XXXX, I remove a <em>security</em> freeze on my credit for a one week period to apply for credit Im interested in to get lower interest rates for other purposes. I come across a offer for a loan with ONEMAIN at a interest rate of 22 % to 28 %. So I apply just like any first time applicant would."]},"sort":[4.540901,"6509379"]},{"_index":"complaint-public-v1","_id":"5868951","_score":4.387327,"_source":{"product":"Debt collection","complaint_what_happened":"This company is violating many of my personal rights ... .THIS IS NOT THE SAME NOR IS IT A SIMILAR COMPLAINT IT IS AN ABSOLUTE NEW ONE IN WHICH I AM CLAIMING CRIMINAL CHARGES!!!! IN ACCORDANCE WITH 18 USC Code 241 18 U.S. Code 241 - Conspiracy against rights U.S. Code If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same ; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured They shall be fined under this title or imprisoned not more than ten years, or both ; and if death results from the acts committed in violation of this section or if such acts include XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX as well as non permissible purpose 15 USC 1681b ( 2 ) 1681b. Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ) of this section, 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, or a subpoena issued in connection with proceedings before a Federal grand jury.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\n( 3 ) To a person which it has reason to believe- ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumer 's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant 's financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information- ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.\n\n( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.\n\n( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that- ( A ) the consumer report is needed for the purpose of establishing an individual 's capacity to make child support payments or determining the appropriate level of such payments ; ( B ) the paternity of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; ( C ) the person has provided at least 10 days ' prior notice to the consumer whose report is requested, by certified or registered mail to the last known address of the consumer, that the report will be requested ; and ( D ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.\n\n( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award.\n\n( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable.\n\n( b ) Conditions for furnishing and using consumer reports for employment purposes ( 1 ) Certification from user A consumer reporting agency may furnish a consumer report for employment purposes only if- ( A ) the person who obtains such report from the agency certifies to the agency that- ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumer 's rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( 2 ) Disclosure to consumer ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless- ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.\n\n( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application- ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumer 's rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumer 's application for employment only if- ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 3 ) Conditions on use for adverse actions ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates- ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( B ) Application by mail, telephone, computer, or other similar means ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification- ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.\n\n( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumer 's request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumer 's rights as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumer 's application for employment only if- ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 4 ) Exception for national security investigations ( A ) In general In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph ( 3 ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that- ( i ) the consumer report is relevant to a national security investigation of such agency or department ; ( ii ) the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( 3 ) will- ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding.\n\n( B ) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph ( A ), or upon the determination that the exception under subparagraph ( A ) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made- ( i ) a copy of such consumer report with any classified information redacted as necessary ; ( ii ) notice of any adverse action which is based, in part, on the consumer report ; and ( iii ) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought.\n\n( C ) Delegation by head of agency or department For purposes of subparagraphs ( A ) and ( B ), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank.\n\n( D ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Classified information The term \" classified information '' means information that is protected from unauthorized disclosure under Executive Order No. 12958 or successor orders.\n\n( ii ) National security investigation The term \" national security investigation '' means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised.\n\n( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 1 ) In general A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) of this section in connection with any credit or insurance transaction that is not initiated by the consumer only if- ( A ) the consumer authorizes the agency to provide such report to such person ; or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance ; ( ii ) the consumer reporting agency has complied with subsection ( e ) of this section ; ( iii ) there is not in effect an election by the consumer, made in accordance with subsection ( e ) of this section, to have the consumer 's name and address excluded from lists of names provided by the agency pursuant to this paragraph ; and ( iv ) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing.\n\n( 2 ) Limits on information received under paragraph ( 1 ) ( B ) A person may receive pursuant to paragraph ( 1 ) ( B ) only- ( A ) the name and address of a consumer ; ( B ) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer ; and ( C ) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.\n\n( 3 ) Information regarding inquiries Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.\n\n( d ) Reserved ( e ) Election of consumer to be excluded from lists ( 1 ) In general A consumer may elect to have the consumer 's name and address excluded from any list provided by a consumer reporting agency under subsection ( c ) ( 1 ) ( B ) of this section in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph ( 2 ) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer.\n\n( 2 ) Manner of notification A consumer shall notify a consumer reporting agency under paragraph ( 1 ) - ( A ) through the notification system maintained by the agency under paragraph ( 5 ) ; or ( B ) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.\n\n( 3 ) Response of agency after notification through system Upon receipt of notification of the election of a consumer under paragraph ( 1 ) through the notification system maintained by the agency under paragraph ( 5 ), a consumer reporting agency shall- ( A ) inform the consumer that the election is effective only for the 5-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph ( 2 ) ( B ) ; and ( B ) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph ( 5 ), in the case of a request made at the time the consumer provides notification through the system.\n\n( 4 ) Effectiveness of election An election of a consumer under paragraph ( 1 ) - ( A ) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph ( 2 ) ; ( B ) shall be effective with respect to a consumer reporting agency- ( i ) subject to subparagraph ( C ), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph ( 2 ) ( A ) ; or ( ii ) until the consumer notifies the agency under subparagraph ( C ), in the case of an election for which a consumer notifies the agency in accordance with paragraph ( 2 ) ( B ) ; ( C ) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph ( 5 ), that the election is no longer effective ; and ( D ) shall be effective with respect to each affiliate of the agency.\n\n( 5 ) Notification system ( A ) In general Each consumer reporting agency that, under subsection ( c ) ( 1 ) ( B ) of this section, furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall- ( i ) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumer 's election to have the consumer 's name and address excluded from any such list of names and addresses provided by the agency for such a transaction ; and ( ii ) publish by not later than 365 days after September 30, 1996, and not less than annually thereafter, in a publication of general circulation in the area served by the agency- ( I ) a notification that information in consumer files maintained by the agency may be used in connection with such transactions ; and ( II ) the address and toll-free telephone number for consumers to use to notify the agency of the consumer 's election under clause ( i ).\n\n( B ) Establishment and maintenance as compliance Establishment and maintenance of a notification system ( including a toll-free telephone number ) and publication by a consumer reporting agency on the agency 's own behalf and on behalf of any of its affiliates in accordance with this paragraph is deemed to be compliance with this paragraph by each of those affiliates.\n\n( 6 ) Notification system by agencies that operate nationwide Each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system for purposes of paragraph ( 5 ) jointly with other such consumer reporting agencies.\n\n( f ) Certain use or obtaining of information prohibited A person shall not use or obtain a consumer report for any purpose unless- ( 1 ) the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section; and ( 2 ) the purpose is certified in accordance with section 1681e of this title by a prospective user of the report through a general or specific certification.\n\n( g ) Protection of medical information ( 1 ) Limitation on consumer reporting agencies A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction, a consumer report that contains medical information ( other than medical contact information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) about a consumer, unless- ( A ) if furnished in connection with an insurance transaction, the consumer affirmatively consents to the furnishing of the report ; ( B ) if furnished for employment purposes or in connection with a credit transaction- ( i ) the information to be furnished is relevant to process or effect the employment or credit transaction ; and ( ii ) the consumer provides specific written consent for the furnishing of the report that describes in clear and conspicuous language the use for which the information will be furnished ; or ( C ) the information to be furnished pertains solely to transactions, accounts, or balances relating to debts arising from the receipt of medical services, products, or devises, where such information, other than account status or amounts, is restricted or reported using codes that do not identify, or do not provide information sufficient to infer, the specific provider or the nature of such services, products, or devices, as provided in section 1681c ( a ) ( 6 ) of this title.\n\n( 2 ) Limitation on creditors Except as permitted pursuant to paragraph ( 3 ) ( C ) or regulations prescribed under paragraph ( 5 ) ( A ), a creditor shall not obtain or use medical information ( other than medical information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) pertaining to a consumer in connection with any determination of the consumer 's eligibility, or continued eligibility, for credit.\n\n( 3 ) Actions authorized by Federal law, insurance activities and regulatory determinations Section 1681a ( d ) ( 3 ) of this title shall not be construed so as to treat information or any communication of information as a consumer report if the information or communication is disclosed- ( A ) in connection with the business of insurance or annuities, including the activities described in section 18B of the model Privacy of Consumer Financial and Health Information Regulation issued by the National Association of Insurance Commissioners ( as in effect on January 1, 2003 ) ; ( B ) for any purpose permitted without authorization under the Standards for Individually Identifiable Health Information promulgated by the Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996, or referred to under section 1179 of such Act,1 or described in section 6802 ( e ) of this title ; or ( C ) as otherwise determined to be necessary and appropriate, by regulation or order, by the Bureau or the applicable State insurance authority ( with respect to any person engaged in providing insurance or annuities ).\n\n( 4 ) Limitation on redisclosure of medical information Any person that receives medical information pursuant to paragraph ( 1 ) or ( 3 ) shall not disclose such information to any other person, except as necessary to carry out the purpose for which the information was initially disclosed, or as otherwise permitted by statute, regulation, or order.\n\n( 5 ) Regulations and effective date for paragraph ( 2 ) ( A ) 2 Regulations required The Bureau may, after notice and opportunity for comment, prescribe regulations that permit transactions under paragraph ( 2 ) that are determined to be necessary and appropriate to protect legitimate operational, transactional, risk, consumer, and other needs ( and which shall include permitting actions necessary for administrative verification purposes ), consistent with the intent of paragraph ( 2 ) to restrict the use of medical information for inappropriate purposes.\n\n( 6 ) Coordination with other laws No provision of this subsection shall be construed as altering, affecting, or superseding the applicability of any other provision of Federal law relating to medical confidentiality. \n\n( Pub. L. 90321, title VI, 604, as added Pub. L. 91508, title VI, 601, Oct. 26, 1970, 84 Stat. 1129 ; amended Pub. L. 10173, title IX, 964 ( c ), Aug. 9, 1989, 103 Stat. 506 ; Pub. L. 104193, title III, 352, Aug. 22, 1996, 110 Stat. 2240 ; Pub. L. 104208, div. A, title II, 2403, 2404 ( a ), ( b ), 2405, Sept. 30, 1996, 110 Stat. 3009430, 3009-431, 3009-433, 3009-434 ; Pub. L. 105107, title III, 311 ( a ), Nov. 20, 1997, 111 Stat. 2255 ; Pub. L. 105347, 2, 3, 6 ( 4 ), Nov. 2, 1998, 112 Stat. 3208, 3210, 3211 ; Pub. L. 107306, title VIII, 811 ( b ) ( 8 ) ( A ), Nov. 27, 2002, 116 Stat. 2426 ; Pub. L. 108159, title II, 213 ( c ), title IV, 411 ( a ), 412 ( f ), title VIII, 811 ( b ), Dec. 4, 2003, 117 Stat. 1979, 1999, 2003, 2011 ; Pub. L. 108177, title III, 361 ( j ), Dec. 13, 2003, 117 Stat. 2625 ; Pub. L. 109351, title VII, 719, Oct. 13, 2006, 120 Stat. 1998 ; Pub. L. 110161, div. D, title VII, 743, Dec. 26, 2007, 121 Stat. 2033 ; Pub. L. 11124, title III, 302, May 22, 2009, 123 Stat. 1748 ; Pub. L. 111203, title X, 1088 ( a ) ( 2 ) ( A ), ( 4 ), July 21, 2010, 124 Stat. 2087. ) References in Text The Federal Deposit Insurance Act, referred to in subsec. ( a ) ( 6 ), is act Sept. 21, 1950, ch. 967, 2, 64 Stat. 873, which is classified generally to chapter 16 ( 1811 et seq. ) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 1811 of Title 12 and Tables.\n\nThe Federal Credit Union Act, referred to in subsec. ( a ) ( 6 ), is act June 26, 1934, ch. 750, 48 Stat. 1216, which is classified principally to chapter 14 ( 1751 et seq. ) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1751 of Title 12 and Tables.\n\nSection 1681g ( c ) of this title, referred to in subsec. ( b ) ( 1 ) ( B ), ( 3 ) ( A ) ( ii ), ( B ) ( ii ), was amended generally by Pub. L. 108159, title II, 211 ( c ), Dec. 4, 2003, 117 Stat. 1970, and, as so amended, no longer contains a par. ( 3 ).\n\nSection 1681m ( a ) ( 3 ) of this title, referred to in subsec. ( b ) ( 2 ) ( B ) ( i ), was redesignated section 1681m ( a ) ( 4 ) of this title by Pub. L. 111203, title X, 1100F ( 1 ) ( A ), July 21, 2010, 124 Stat. 2112.\n\nExecutive Order No. 12958, referred to in subsec. ( b ) ( 4 ) ( D ) ( i ), which was formerly set out under section 435 of Title 50, War and National Defense, was revoked by Ex. Ord. No. 13526, 6.2 ( g ), Dec. 29, 2009, 75 F.R. 731.\n\nThe Health Insurance Portability and Accountability Act of 1996, referred to in subsec. ( g ) ( 3 ) ( B ), is Pub. L. 104191, Aug. 21, 1996, 110 Stat. 1936. For complete classification of this Act to the Code, see Short Title of 1996 Amendments note set out under section 201 of Title 42, The Public Health and Welfare, and Tables.\n\nSection 1179 of such Act, referred to in subsec. ( g ) ( 3 ) ( B ), probably means section 1179 of the Social Security Act, as added by section 262 ( a ) of Pub. L. 104191, title II, Aug. 21, 1996, 110 Stat. 2030, which is classified to section 1320d8 of Title 42, The Public Health and Welfare.\n\nAmendments 2010-Subsec. ( b ) ( 1 ) ( B ), ( 3 ) ( A ) ( ii ), ( B ) ( ii ). Pub. L. 111203, 1088 ( a ) ( 2 ) ( A ), substituted \" Bureau '' for \" Federal Trade Commission ''.\n\nSubsec. ( g ) ( 3 ) ( C ). Pub. L. 111203, 1088 ( a ) ( 4 ) ( A ), added subpar. ( C ) and struck out former subpar. ( C ) which read as follows : \" as otherwise determined to be necessary and appropriate, by regulation or order and subject to paragraph ( 6 ), by the Commission, any Federal banking agency or the National Credit Union Administration ( with respect to any financial institution subject to the jurisdiction of such agency or Administration under paragraph ( 1 ), ( 2 ), or ( 3 ) of section 1681s ( b ) of this title, or the applicable State insurance authority ( with respect to any person engaged in providing insurance or annuities ). '' Subsec. ( g ) ( 5 ). Pub. L. 111203, 1088 ( a ) ( 4 ) ( B ), added par. ( 5 ) and struck out former par. ( 5 ) which related to prescription of par. ( 2 ) regulations by each Federal banking agency and the National Credit Union Administration and required issuance of final regulations before the end of the 6-month period beginning on Dec. 4, 2003.\n\n2009-Subsec. ( c ) ( 1 ) ( B ) ( iv ). Pub. L. 11124 added cl. ( iv ).\n\n2007-Subsec. ( a ) ( 3 ) ( G ). Pub. L. 110161 added subpar. ( G ).\n\n2006-Subsec. ( a ) ( 6 ). Pub. L. 109351 added par. ( 6 ).\n\n2003-Subsec. ( a ). Pub. L. 108159, 811 ( b ), realigned margins.\n\nSubsec. ( b ) ( 4 ) ( D ) to ( F ). Pub. L. 108177 struck out subpars. ( D ) and ( E ) and redesignated subpar. ( F ) as ( D ). Prior to amendment, subpars. ( D ) and ( E ) read as follows : \" ( D ) Report to the congress.-Except as provided in subparagraph ( E ), not later than January 31 of each year, the head of each agency and department of the United States Government that exercised authority under this paragraph during the preceding year shall submit a report to the Congress on the number of times the department or agency exercised such authority during the year.\n\n\" ( E ) Reports to congressional intelligence committees.-In the case of a report to be submitted under subparagraph ( D ) to the congressional intelligence committees ( as defined in section 401a of title 50 ), the submittal date for such report shall be as provided in section 415b of title 50. '' Subsec. ( e ) ( 3 ) ( A ), ( 4 ) ( B ) ( i ). Pub. L. 108159, 213 ( c ), substituted \" 5-year period '' for \" 2-year period ''.\n\nSubsec. ( g ). Pub. L. 108159, 411 ( a ), amended heading and text of subsec. ( g ) generally. Prior to amendment, text read as follows : \" A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction, a consumer report that contains medical information about a consumer, unless the consumer consents to the furnishing of the report. '' Subsec. ( g ) ( 1 ). Pub. L. 108159, 412 ( f ) ( 1 ), inserted \" ( other than medical contact information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) '' after \" a consumer report that contains medical information '' in introductory provisions.\n\nSubsec. ( g ) ( 2 ). Pub. L. 108159, 412 ( f ) ( 2 ), inserted \" ( other than medical information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) '' after \" a creditor shall not obtain or use medical information ''.\n\n2002-Subsec. ( b ) ( 4 ) ( D ). Pub. L. 107306, 811 ( b ) ( 8 ) ( A ) ( i ), substituted \" Except as provided in subparagraph ( E ), not later than '' for \" Not later than ''.\n\nSubsec. ( b ) ( 4 ) ( E ), ( F ). Pub","date_sent_to_company":"2022-08-11T20:46:27.000Z","issue":"Attempts to collect debt not owed","sub_product":"Medical debt","zip_code":"35601","tags":"Servicemember","has_narrative":true,"complaint_id":"5868951","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SMITH, ROUCHON & ASSOCIATES, INC.","date_received":"2022-08-11T20:34:27.000Z","state":"AL","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["( G ) executive departments and agencies in connection with the <em>issuance</em> of government-sponsored individually-billed travel charge cards."]},"sort":[4.387327,"5868951"]},{"_index":"complaint-public-v1","_id":"6442766","_score":3.0846312,"_source":{"product":"Mortgage","complaint_what_happened":"CFPB\t\tComplaint by XXXX, XXXX XXXX, & wife XXXX XXXX\n\nRe:     Sellers  Lenders  Servicers  Insurers; Originating, Participating & Profiting from Fraud in this VA Home Loan Real Estate Transaction of:\tXXXX XXXX XXXX XXXX XXXX XXXX XXXX  \nVillage Capital & Investments, and XXXX XXXX XXXX XXXX XXXX, are under a monitoring agreement with CFPB, and we believe their participation in the fraud outlined in this complaint clearly demonstrates their willingness to continue to deal in financial deceptions. \n\nThis complaint involves the below companies, and the timelines they actively participated.\n\nReferred to as\t\tXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Servicer\t\tVillage Capital & Investment, LLC., (VC&I) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, ceased to legally exist in XXXX  and were counterfeit and fraud in being used past that date. These identification numbers were used to create and develop the address of XXXX XXXX XXXX XXXX XXXX XXXX XXXX as a legally New manufactured home, set and declared as real property.\n\nThese counterfeit numbers are the sole source of every contract in this complaint that every participating company or individual in this transaction relies upon. The creation of the fraud was intentionally calculated and designed to be concealed for illicit gain.\n\nUnless otherwise stated, this section refers to the XXXX transaction.  (mh) refers to manufactured home, whereas (ms) refers to manufactured salvage/structure.\n\n1.\tWe, XXXX XXXX XXXX XXXX responded to a publicly advertised real estate mls in XXXX for a home on 5.14 acres. The property at XXXX XXXX XXXX XXXX XXXX XXXX XXXX was offered by XXXX XXXX XXXX XXXX XXXX XXXX XXXX (XXXX), referred to as the XXXX Sellers. (Exhibit 1)\na.\tXXXX XXXXs affiliated with XXXX XXXX XXXX XXXX (XXXX), the XXXX Title Ins.\nb.\tXXXX XXXX  agent acted on behalf of us and XXXX Sellers and informed us that this property was sold a first-time in XXXX and the manufactured home (mh) on it was new when set in XXXX (Exhibit 1b)\ni.\tWe asked why no title was obtained, and were assured the title had been eliminated, by the Certificate of Origin (as a new mh when set as real property in XXXX), and the vehicle title was surrendered through the DMV process.\nc.\tWe had the right to believe and rely upon what was presented to us was true by Sellers in the XXXX  deal. Seller breached contract by fraudulent misrepresentation. (Exhibit 1c)\n\n2.\tThe property listing we were initially drawn toward was, (Exhibit 2), fit VA requirements, per our realtor and lender. The mls listed the manufactured home (mh), advertised as High-end XXXX XXXX 2,280 sq. ft, VA financeable.\na.\tIt was originally presented to be new in XXXX, according to a prior mls listing. (Exhibit 2a) \n\n3.\tOur realtor agent urged a referral for Lenders agent, who was with XXXX XXXX XXXX.), who in turn referred us to the structural engineer, appraiser and the property Title Insurer, XXXX XXXX and local agents. We were told that this little group worked well together, and each knew their duties.\na.\tThe Appraiser, in his VA and Lender appraisal, noted no HUD Labels, (Exhibit 3a), yet still completed his appraisal, comparing this illegally set structure to legally set ones.\ni.\tAppraiser, according to the HUD rules, should have stopped. Instead he continued and completed his appraisal report as if everything was complete and legal. (Exhibit 3i)\nb.\tThe VA has informed us that if the facts of this appraisal do not meet the requirements, their remedy could be to indemnify the VA obligation in this loan/contract.\nc.\tIn XXXX  VA staff verbally advised us not to make further repair on the (XXXX) since our intent is to have it removed and replaced to the legal purchase that we intended and believed was made in XXXX\nd.\tSellers and Lenders did not obtain the legally required HUD certification verified through the national database, XXXX XXXX XXXX XXXX XXXX XXXX XXXX. (Exhibit 15) \ne.\tGiven that the (mh) was presumed and advertised as new in XXXX, there was no logical excuse or reason for this legally vital information to not have been available. (Exhibit 3e)\nf.\tWe have been repeatedly informed by nearly everyone we have discussed this with, that the process is simple; when HUD Labels are missing, then an XXXX  equivalent is required, which, to this date, on this property, nobody but us has ever provided. The one we got in XXXX should have been obtained in XXXX  by Sellers, Lender, etc., and our XXXX  confirms the transaction was never legal.\n\n4.\tThe entire XXXX  home property sale and purchase turned out to be a clear fraud.\na.\tThe (mh) being advertised, presented and sold, was not even close to any of the mls descriptions. The claimed (mh) was, in fact, legally a manufactured salvage (ms), and legally non-existent past XXXX. \n\n5.\tSellers, Lenders, Servicers, etc., had a duty to know this sale was not legal, that the (mh) was not financeable under VA, nor legally existed past XXXX  when it was wrecked, HUD decertified and only for salvage use.\na.\tSellers, Lenders, Servicers and Insurers rules, guidelines and/or procedures, require knowing it.\ni.\tEach financial institution admits knowing the rules; each point to another for liability.\n\n6.\tThe fact is that all the profiting institutions and/or agents misrepresented and misled us in the XXXX fraudulent sale, and none complied with the legally required duty to disclose.\na.\tThe financially profiting parties assured us all requirements were met and the sale was good to go. We believed and trusted them that the (ms) was as advertised, and was legally set, legally declared and legally taxed as real property.\n\n7.\tAdditional concealment was in Sellers contract, where Sellers inserted non-existent HUD Label certification numbers as if they had legal standing, knowing they were not legitimate. (Exhibit 7)\na.\tEvery contract or obligation that relied on this forged and fraudulent information is counterfeit.\n\n8.\tWith parties assurances of legal compliance, we closed the mortgage deal in XXXX, XXXX. This closing further buried the intentionally, fraudulently concealed information, that is now known to us, from which Sellers, etc., created the financial fraud which continues to compound damages.\na.\tThe VA (Veterans Affairs) acted as guaranty and has informed us that it would not have done so had the true history and character of the home property been known.\n\n9.\tSellers breached our XXXX  contract; the (ms) property was not legally insurable. (Exhibit 9).\na.\tOur home-owner insurance was cancelled after the confirmed fraud. Multiple attempts to obtain other home property insurance (aside from liability), is unavailable. (Exhibit 9a)\nb.\tSellers, XXXX XXXX XXXX had a duty to know of the fraud in XXXX (Exhibit 13a) \nc.\tSellers all had a duty to not commit real property mortgage fraud; the (ms) was not eligible to sale for habitation purposes, and Sellers, Realtors, Lenders and Insurers knew that our intent was to purchase a home. (Exhibit 9c).\nd.\tWe relied on the representation of the (ms) as legally qualifying and it did not. (Exhibit 9d) Sellers, etc., had a duty to know the (ms) was not eligible under Seller, VA, etc., rules. (Exhibit15e)\n10.\tOur XXXX  title insurance policy/contract with XXXX etc., states, Amount of Insurance:  XXXX This figure is derived from the entire purchase price which included the (ms), not just the $35,000 valuation for acreage only, that Insurers now claim thats all it covers. (Exhibit 10)\na.\tInsurers took money from us to cover the (ms). We insist this is proof the (ms) is fully covered.\nb.\tOur contract affirmatively covers adverse events of fraud, forgery, improper or unauthorized filings in official records, and adverse events affecting property marketability, insurability, use, enjoyment, and character. (Exhibit 10b)\n\n11.\tThe description of land in the contract include the structures, i.e., affixed improvements (ms).\n(g) \"Land\": The land described in Schedule A, and affixed improvements that by law constitute real property... \na.\tXXXX XXXX XXXX XXXX XXXX XXXX adopted XXXX rules that clarify a manufactured home set as real property is to be covered. (Exhibit 11a and 11b)\n\n12.\tIn order for Insurer to exclude/deny coverage of the (ms) in an adverse (fraud or other) event discovered, a XXXX  Exception is required to have been issued in our XXXX contract in Schedule B, and there is no XXXX  existing anywhere in this contract. (Exhibit 12)\na.\tInsurers failed or refused to use the required XXXX  language shows an understood intent that this (ms) is covered. This is confirmed by the XXXX Commitment requiring (mh) Endorsements (Exhibit 12a) and the Lenders were specifically issued added XXXX 7 Endorsements. (Exhibit 12b and 12c)\n\tii.\tWe question Insurers motivation in omitting the required XXXX  language in the contract, as a deliberate, extension of favoritism to the Lender in order to grant XXXX  7 Endorsements.\n\tiii.\tHad Insurers used the XXXX  in the policy/contract, Lenders would not have had any access to any XXXX  7 Endorsement granting any security for any loss incurred by the (ms) title matters. If Lenders didnt get XXXX  7 protections, we are convinced this sale would have been rejected by them.\nb.\tHaving no XXXX  in our contract requires Insurers pay our total loss claim.\n\ti.\tInsurers denial of our claim reflects being clearly ambiguous and prejudicial.\n\tii.\tWe would have rejected the entire purchase if there was XXXX  language as that would have clearly omitted the purpose for the home loan purchase.\nc.\tOur contract instructs Insurer is to pay a claim within 30-days of the claim submitted to them. We can only conclude that Insurers denial of our claim is intentionally motivated to cause us harm.\ni.\tInsurers are to pay an additional 10% for delay of payment in covering this claim.\nii.\tInsurers are to pay to replace the (ms) at todays replacement costs per our contract.\n\n13.\tInsurer agent, XXXX XXXX, XXXX XXXX, now XXXX XXXX, has used the word fraud in verbally discussing this case. XXXX XXXX has refused to respond to inquiry.\na.\tInsurers who exclude coverage after a claim is filed for discovered and confirmed adverse event, is nothing short of a fraudulent act in itself, or an outright theft, by Insurers.\n\n14.\tWhen the fraud was confirmed XXXX XXXX XXXX, it was becoming clearer of how involved this concealed fraud and forgery matter is. It was exposed only in going outside of the small circle of the XXXX recommended individuals who all participated in this sale. What we were starting to discover was:\na.\tThe (ms) was not eligible by governing rules to sell as VA financeable. (Exhibit 13a). \nb.\tIt is logical to conclude that if Sellers, by their own rules are prohibited from obtaining control of a property, then its equally logical to conclude they had no legal right to sell it.\n\n15.\tThe fraud remained concealed in Sellers and Lenders refusal to obtain XXXX XXXX XXXX. Had it been done, the fraud would have been revealed as it was when we received XXXX letter in XXXX (Exhibit 15)\na.\tHad Sellers and Lenders obtained the required XXXX this legal dilemma would not exist.\n\ti.\tThe only questions we now have are, was this gross negligence, or something more nefarious, for example, did one or more individuals have personal knowledge of the fraud, refused to admit what they knew, and chose to participate in it?\n\tii.\tWe do know that a representative at XXXX XXXX XXXX XXXX XXXX, Idaho, had heard of this event. The representative admitted that there were only a handful of transport companies, and the news of this transport damage apparently made it a talking point in the local region. So, how many others participated in this industry conversation?\nb.\tThe ms did not legally exist after being wrecked, decertified and paid off as total loss by XXXX XXXX  insurer, in XXXX (Exhibit 15b)\nc.\tManufacturer built a new manufactured home for the original buyer. (Exhibit 15c)\ni.\tThe salvage structure was obtained by a dealer who originated this intentional, concealed, orchestrated real property fraud for the purpose of illicit financial gain.\nii.\tThe (ms) HUD Labels were ordered removed. The supporting documents, including the MCO, and Dataplate should have been removed and destroyed or returned to the manufacturer and in compliance with this process it would have ensured that this fraud never could have happened.\niii.\tThe documents were not returned. In fact, they were used in the official records, and later relied upon by the appraisers and the engineers reports. (Exhibit 3a and 15ciii)\nd.\tOn XXXX XXXX XXXX a manufacturer manager stated the (ms) did not legally exist; he advised we speak with the Idaho Dept. of Building Safety, XXXX XXXX (Exhibit 15d)\ne. XXXX XXXX later informed us: not for human occupancy or habitation and there is no process in Idaho to set (ms) on a permanent foundation as real property. (Exhibit 15e)\n\n16.\tThe wrecked, for salvage use ms, was obtained by a then mh dealer, who bought this property and developed it, into what is now known as XXXX XXXX XXXX XXXX XXXX, Idaho.\na.\tThe mh dealer knowingly used fraudulent, forged, non-existent HUD Certification Labels of XXXX  and XXXX, in union with Serial XXXX  and XXXX.\ni.\tThese numbers legally ceased to exist in XXXX, were used, and theres your fraud.\n\n17.\tSellers, Lenders, etc., had to clearly know that this sale was not legally allowed to be performed.\na.\tSellers, etc., committed financial mortgage fraud.\n\n18. XXXX XXXX XXXX, linked to Insurer, XXXX XXXX XXXX XXXX, had legal and regulatory duty to maintain filed proof of the (ms) as HUD certified or XXXX verified.\na. XXXX  and XXXX  Lenders immediately transferred the Servicer contract to XXXX XXXX XXXX). No Seller, Servicer or Lender has produced to date the HUD certification or XXXX  equivalent.\n19.\tThe Veteran Affairs has informed us that the Lenders are required to obtain HUD certification verification from the national databank when HUD Labels are missing from a (ms) in a VA home loan.\na.\tXXXX XXXX XXXX VA communication with us confirms Lender had a duty to obtain the XXXX verification letter to assure compliance. (Exhibit 19a)\n\nXXXX XXXX Actively Conceals the Fraud\n\nFrom what we have learned from the Lender, XXXX between this current (XXXX) situation dealing with this property fraud, and their past history of deceptive actions towards veterans, we think the CFPB will be justified to take a closer look at their participation in the XXXX  refinance to now.\n\nLender  XXXX XXXX XXXX XXXX XXXX), utilized fraudulent and incomplete documents from the XXXX file for the XXXX refinance of our VA home property loan.\n\n20.\tIn XXXX, interest rates were low, and we looked into a refinance with XXXX XXXX XXXX XXXX XXXX  informed us the refinance (which would cost us nearly XXXX would be a fixed rate at 1.75% for the first three years, and then would become an XXXX, with an up to 1% increase or decrease in any given year, depending on the apr, but insisted they have never witnessed an increase or decrease of more than half a percent. This would eliminate the fixed rate of 3.75% we were paying.\na.\tThe economy was drastically different in XXXX from XXXX  and equity was climbing.\nb.\tWe asked XXXX  if we needed to obtain a new appraisal and were informed none was required in a refinance. We were also told since the original was already in the file, that is what they would use.\nc.\tWe paid professionals and believed hook, line and sinker, what we were being told was true, having no idea of the fraud at this point, though the fact information, i.e., referring to the XXXX appraisal was in the file and should have red-flagged and killed the refinance being sought. (Exhibits 3a, 3e and 3i) \n\n21.\tXXXX never addressed the missing HUD Labels, though they had the appraisal.\na.\tIt makes us wonder what documents XXXX XXXX received from XXXX to grant XXXX  7 favoritism regarding the (ms). (Exhibit 21a)\n\n22.\tXXXX XXXX XXXX continued as Servicer.\n\nIn XXXX the Confirmation of the Mortgage Fraud\n\nDue to the economic chaos and instability real estate property values were sky-rocketing and interest rates were dropping, we decided to look into consolidating some high-interest debt into a low-interest HELOC.\n\n23.\tIn XXXX  of XXXX we wanted to clear up credit card debt and free up funds for home repairs. Our bank required HUD Label pictures. We couldn't find any HUD Labels (tags), which were to be on the outside of the 'home'. (Exhibits 3a, 3e and 3i)\n\n24.\tWe spoke with our XXXX realtor who said the that the (mh) was HUD certified, and likely the tags were painted over or accidently removed in a re-siding or repair.\na.\tWe attempted to communicate with the (mh) dealer who developed this property and declared in XXXX that the (mh) he placed here was new. The dealer never took up residence at this address.\nb.\tWe asked the (mh) manufacturer where else the HUD Labels might be and were told they are on the outside end corners of each section of the (mh). We were advised that people often accidentally paint over them or remove them in re-siding, not realizing their importance. We were told to feel for raised areas for the 2\"x4\" riveted metal tags.\n\n25.\tFinding no HUD Labels, our HELOC was denied. XXXX XXXX spoke with the bank President who granted the small HELOC using realtor assurance and tax records that the (mh) was HUD certified.\n\nLOOKING BACK AND MOVING FORWARD\n \n26.\tAbout XXXX XXXX XXXX, we received confirmation of irreversible real property mortgage fraud. With the confirmation, we realized the bank had every right to reject the HELOC. (Exhibit 15e)\na.\tPrior to XXXX XXXX, we were assured by the XXXX  Realtor, Lender and Engineer agents that the (ms) was HUD certified, or the XXXX loan could not have closed, and we were worried about nothing. These individuals recommended that we seek legal counsel and to file a claim with our title insurance.\n\ti.\tWe communicated with and later retained counsel in the fall of XXXX.\n\tii.\tWe informed our home property insurance, who advised we file a title insurance claim.\n\t\tA.\tWe filed a claim with the Title Insurers; XXXX denied the claim.\n27.\tAfter informing our bank of our findings, we were told no further loan will be granted with this property as collateral.\na.\tThrough the grace of God, the bank said we could just continue making our payments and they would not require the full balance to be returned immediately.\n\nCONFIRMING FRAUD\n\n28.\tOn XXXX XXXX XXXX, the (ms) manufacturer sent us the wreck report. (Exhibit 15b & c).\na.\tThis information prompted us to contact the XXXX Lenders agent who insisted that the VA home loan could not close without the XXXX  HUD certification. She insisted the (ms) was HUD certified. \n\ti.\tShe said since she no longer was with XXXX XXXX XXXX XXXX XXXX, she had no access to the old file, and to contact them and request a copy. When XXXX said it was no longer the lender and we needed to contact XXXX  for the information, our Lender agent said all we needed to do was to purchase an XXXX  letter and this would verify HUD compliance.\nb.\tWe purchased the XXXX  connected with this (ms); it confirmed the wreck report. (Exhibit 15)\nc.\tTo date the appraiser has refused to comment why he did not condition the (ms) appraisal for XXXX compliance status. (Exhibit 15f)\n\ti.\tWe want to know how he compared a non-HUD certified (ms) with certified properties.\n\n29.\tThe Engineer was reached in XXXX XXXX XXXX. He was asked why his XXXX XXXX XXXX, report to the XXXX Lenders stated the HUD Label numbers as if he had seen them, when obviously he did not. The Engineer admitted he didnt report the missing HUD so not to kill our loan.\na.\tThe jaw-dropping information was not taken well. We told the Engineer that truth would have protected us all from this fraud. It was not his job to be concerned whether we got a loan on this property or found another property instead.\nb.\tThe Engineer said he would speak with a friend in the county assessor office to find out how an appraiser was able to compare a non-HUD certified, for salvage use only, (ms), to property legally HUD certified. He said the response received was comparable for salvage is nil, meaning they dont exist. \nc.\tThe Engineer advised we speak with the XXXX XXXX XXXX XXXX XXXX to inquire about the recertification process.\n\ti.\tWe did, and the response was Idaho has no re-certification process. A decertified, for salvage structure is no longer legal for human habitation. (Exhibit 15e)\na.\tThis eliminated any question or doubt as to fraud existing.\n\n30.\tWe filed our claim in XXXX XXXX XXXX with XXXX Insurers, XXXX, as stated above. \na.\tOur insurance contract covers fraud, forgery, etc., and our situation clearly was in the coverage.\nb.\tXXXX  denied our claim in XXXX XXXX XXXX and has denied all requested reconsiderations.\nc.\tInsurers agent, at XXXX XXXX, now Title One XXXX, XXXX XXXX, admits this is fraud, but says XXXX, the (mh) dealer, is liable, not the insurance company.  Our contract is with Insurers, not with XXXX.\n\nIn XXXX  Continued Inquiry into Mortgage Fraud\n\nWe were advised by counsel to inquire about refinancing about how this information would be handled or dealt with by the professionals in the industry.\n\nWe put an inquiry into the mortgage web-stream, and were immediately inundated daily with phone calls, postal service and emails -- with offers to refinance!\n\nXXXX XXXX XXXX XXXX\n\n31.\tXXXX XXXX XXXX XXXX, was adamant it could work around the missing HUD information and could still refinance the property. \na.\tWe provided all the information we had, that we are legally required to disclose; they were fully aware that there were problems with XXXX  information.\nb. XXXX President, XXXX XXXX  admitted our concerns were valid, but obviously didnt care because the loan was already VA guaranteed. (Exhibit 31b)\ni.\tWe were confused by XXXX response that it could work around fraudulent HUD info.\nc\tXXXX continued to press to refinance. We questioned how it could be legally achieved given the situation. (Exhibit 31c).\nd.\tThis shows that even the XXXX  penalty imposed by CFPB upon XXXX  clearly wasnt a large enough punishment to detour them from continuing to participate in deceptive practices.\n32.\tXXXX  title insurer, Elevated Title, representative, XXXX XXXX, admitted he could not insure the (ms) after receiving the XXXX XXXX XXXX, XXXX  information that we provided to him. We are unclear if XXXX deliberately omitted the correct XXXX or if it simply intentionally sent him the incorrect XXXX document. We made it a priority to assure XXXX was informed of the conflict with XXXX documents to avoid any errors of incorrect application. (Exhibit 32)\na.\tWe had demanded answers and required confirmation from the title insurance that the manufactured home structure would be covered if a refinance occurred.\n\n33.\tThat ended any hopes of XXXX  refinance in XXXX\n\n-- \tIn XXXX, XXXX told the XXXX XXXX XXXX XXXX) that it knew the loan required HUD Labels (tags) certification or XXXX equivalent. XXXX claims to have the required file. XXXX  has refused to produce the XXXX HUD certification to us or to the XXXX to prove that the HUD Label numbers used in XXXX are not fraudulent. \naXXXX XXXX compliance officer, XXXX XXXX informed us in XXXX  more than once, that a manufactured home involved in a VA refinance requires HUD certification or XXXX equivalent. This is completely opposite of her boss (XXXX XXXX position. \nb.\tXXXX President, XXXX XXXX in XXXX claimed to the XXXX XXXX XXXX XXXX that XXXX would send the XXXX XXXX verification by email if requested through XXXX.\ni.\tThis request to XXXX has been sent multiple times and XXXX  has sent nothing.\n\nVillage Capital & Investments, LLC., XXXX  \nSimilar to our experience with XXXX Village Capital & Investments, LLC. (VC&I), appeared to mirror XXXX, in attitude, intent, and process, and was as equally intense to rush a refinance, even when provided full disclosure of the property history to the best of our information and ability.\n\nUnknown to us, VC&I, the potential XXXX Lender, who was ultimately rejected by us, in dealing with this property fraud, has a past history of deceptive actions towards veterans, and we think the CFPB is justified to take a closer look at this organizations participation in continued mortgage financial frauds.\n\n34.\tIn the Spring  of XXXX VC&I was made aware of the fraud connected with this property, including having the XXXX letter that we personally provided to them.\na.\tThe company, after many months, eventually acknowledged it could not legally refinance our property. (Exhibit 34a).\n\n35.\tVC&I was planning to accept the fraudulently created Servicing contract from XXXX XXXX XXXX  who had been the Servicer since XXXX. XXXX has since XXXX been consistently approached by us and requested to provide evidence of their contract legality of XXXX XXXX XXXX.\na. XXXX computer-generated form letters claiming it was still looking for the document in question, were sporadically sent to us, and were nothing more than XXXX refusal or failure to produce the simple national databank verification, XXXX, or to just admit that the company never had the information.\n\n36.\tXXXX passing the illegal-counterfeit contract to VC&I is no longer passing concealed fraud along, but is in fact, knowingly and willfully participating in this mortgage fraud.\na.\tLike XXXX, VC&I has also refused to provide the simple legal compliance proof.\n\n37.\tVC&Is claim to be unaware of the fraud before taking possession of the contract in an undated, unsigned response to our written inquiries, is a straight up lie. (Exhibit 37)\na.\tMultiple proofs exist of VC&I being informed; evidence is both by electronic and written record.\na.\tWe demand VC&I explain how it can accept a fraudulent contract that it was aware of was fraud before it took possession of the contract, and how it can be legally enforced for VC&I illicit gain.\n\n38.\tThe damage is now compounded in the recent loss of our home-owner insurance and our inability to obtain any type of full coverage due to the entire fraudulent and counterfeit transaction.\na.\tVC&I informed us the company will obtain its own insurance and force us to pay for it, at a higher rate, as is required in their (legally unenforceable) contract. This is nothing short of actively taking part in extortion. (Exhibit 38a)\n\nIn XXXX the XXXX XXXX XXXX and XXXX  \n39.\tXXXX  multiple times told the XXXX XXXX XXXX XXXX) that it had and would send the XXXX  that it confirmed it was required to have in its refinance file of XXXX  (Exhibit 39)\na.\tXXXX  has never fulfilled its offer to provide the simple proof. \n\n40.\tWe have reached out to other finance companies and realtors who agree that the manufactured structure, being described for salvage use, has zero equity value and cannot be financed.\na.\tOne expert in the real-estate industry who is not part of any of the transactions discussed submitted their overview in writing. Identify is omitted to avoid any repercussion to them. (Exhibit 40a)\n\nVeteran, XXXX XXXX has no intention of continuing to pay for the fraud, and intends to restructure how this deal proceeds.\n\nWe have submitted some of the many documents that we have in our possession that prove our claims.\n\nSUMMARY\n\n1.\tHUD Certification Labels XXXX XXXX XXXX, in union with Serial XXXX and XXXX ceased to legally exist in XXXX They were used to create and develop the address of XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX  as a legally New manufactured home, set and declared as real property.\na.\tThese counterfeit numbers are the sole source of every contract in this complaint that every participating company or individual in this transaction relies upon. The creation of the fraud was intentionally calculated and designed to be concealed for illicit gain.\n\n2.\tEvery company and individual using the non-existent HUD Label information in any contract has actively participated in real property mortgage fraud, knowingly or by refused or failed duties, built on and profited from the original fraud, that should have been discovered during the XXXX loan process.\na.\tFederal CFRs, FHFA, Mortgage, Insurance and State Idaho Codes of fraud are in violation.\n \n4.\tHad ONE of the involved performed their legal and fact-check duties in XXXX none of us would be here today. The fraud would have been revealed at that time. Instead all of the involved either change the subject (or transfer Servicer contracts) and none have stopped the financial hemorrhage of damages.\n\n5.\tNone of the parties ever produced a scintilla of evidence that any of them were within the legal compliance in this transaction. Clear-cut mortgage fraud occurred, and each company and individual who profited holds a degree of liability, equal to or exceeding the value of our intended purchase in this real estate transaction. \na.\tIt is hard to fathom, that out of all the involved companies, individuals and the roles each was to perform, that not one of them refused to move forward, when these missing HUD Labels were noted on the appraisal, and to only continue after the authorized documents were properly obtained.  \n\n6.\tWe have been informed by multiple entities that the restoration remedy here is to remove the structure and replace it with a legally recognized home. This will require major actions of effort, finances and time to address.\n\n7.\tThe issue itself is quite simple. Contracts generated fraud have no legal enforceability. Use of fraudulent contracts defeat the need of professional licenses and certifications to sell their product.\na.\tFraud weakens, cheapens and ultimately destroys everything it touches.\n\n8.\tWe have no intention of continuing to pay for fraud. We are resolved to restructure how this deal proceeds.\n\n9.\tSellers, Lenders, Servicers, and Insurers have obviously produced none of the required legal verification documents, because they dont now, nor have they ever obtained them, and all of them have just flat-out refused to admit this simple truth.\n\n10.\tTherefore, CFPB should find that all the involved parties be required to initiate full restitution stated below, promptly.\n\n11.\tWe are in communication with the VA to review this fraudulent home property transaction, and that it indemnify itself from all liability. The VA cannot enforce or participate in acting as a conduit to mortgage fraud. Being a federal agency a higher standard is required by them.\n\n12.\tWe, XXXX XXXX XXXX XXXX, have submitted the documents needed that clearly prove all nine (9) elements of fraud are met, against all of the companies involved.\n\nIf this matter is not resolved now, our intent is to:\n\n1.\tFile legal actions against all involved in the XXXX XXXX XXXX XXXX fraudulent sale and financing.\n2.\tCease all future mortgage payments to force addressing the finance fraud deception.\n\nOur minimum resolution is attached.","date_sent_to_company":"2023-02-06T22:32:11.000Z","issue":"Closing on a mortgage","sub_product":"VA mortgage","zip_code":"838XX","tags":"Servicemember","has_narrative":true,"complaint_id":"6442766","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Village Capital & Investment LLC","date_received":"2023-01-16T08:03:52.000Z","state":"ID","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":["The <em>description</em> of land in the contract include the structures, i.e., affixed improvements (ms).\n(g) \"Land\": The land described in Schedule A, and affixed improvements that by law constitute real property... \na.\tXXXX XXXX XXXX XXXX XXXX XXXX adopted XXXX rules that clarify a manufactured home set as real property is to be covered. (Exhibit 11a and 11b)\n\n12."]},"sort":[3.0846312,"6442766"]},{"_index":"complaint-public-v1","_id":"6466586","_score":3.0805337,"_source":{"product":"Mortgage","complaint_what_happened":"CFPB\t\tComplaint by Veteran, XXXX XXXX, & wife XXXX XXXX\n\nRe:     Sellers  Lenders  Servicers  Insurers; Originating, Participating & Profiting from Fraud in this VA Home Loan Real Estate Transaction of: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and b.  XXXX XXXX XXXX XXXX, are under a monitoring agreement with CFPB, and we believe their participation in the fraud outlined in this complaint clearly demonstrates their willingness to continue to deal in financial deceptions. \n\nThis complaint involves the below companies, and the timelines they actively participated.\n\nReferred to as\t\tCompany or Companies\n\nXXXX Sellers\t\tXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Lenders Eagle Home & Universal American Mtg. Cos. (Lennar Mtg.)\nLoan No. XXXX XXXX  Servicers XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Servicer\t\tXXXX XXXX XXXX XXXX Servicer\t\tXXXX XXXX XXXX XXXX XXXX XXXX XXXX Mortgage and Property Fraudulent Sale under VA Eligibility Disguise\n\nHUD Certification Labels XXXX XXXX XXXX, in union with Serial XXXX XXXX XXXX, ceased to legally exist in XXXX and were counterfeit and fraud in being used past that date. These identification numbers were used to create and develop the address of XXXX XXXX XXXX XXXX XXXX XXXX XXXX, as a legally New manufactured home, set and declared as real property.\n\nThese counterfeit numbers are the sole source of every contract in this complaint that every participating company or individual in this transaction relies upon. The creation of the fraud was intentionally calculated and designed to be concealed for illicit gain.\n\nUnless otherwise stated, this section refers to the XXXX transaction.  (mh) refers to manufactured home, whereas (ms) refers to manufactured salvage/structure.\n\n1.\tWe, XXXX XXXX XXXX XXXX, responded to a publicly advertised real estate mls in XXXX for a home on XXXX acres. The property at XXXX XXXX XXXX XXXX XXXX XXXX XXXX was offered by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX referred to as the XXXX Sellers. (Exhibit 1)\na. XXXX is affiliated with XXXX XXXX XXXX XXXX XXXX XXXX XXXX Title Ins.\nb.\tXXXX XXXX agent acted on behalf of us and XXXX  Sellers and informed us that this property was sold a first-time in XXXX and the manufactured home (mh) on it was new when set in XXXX. (Exhibit 1b)\ni.\tWe asked why no title was obtained, and were assured the title had been eliminated, by the Certificate of Origin (as a new mh when set as real property in XXXX), and the vehicle title was surrendered through the DMV process.\nc.\tWe had the right to believe and rely upon what was presented to us was true by Sellers in the XXXX deal. Seller breached contract by fraudulent misrepresentation. (Exhibit 1c)\n\n2.\tThe property listing we were initially drawn toward was, (Exhibit 2), fit VA requirements, per our realtor and lender. The mls listed the manufactured home (mh), advertised as High-end XXXX XXXX XXXX  sq. ft, VA financeable.\na.\tIt was originally presented to be new in XXXX, according to a prior mls listing. (Exhibit 2a) \n\n3.\tOur realtor agent urged a referral for Lenders agent, who was with Eagle (Lennar Mtg.), who in turn referred us to the structural engineer, appraiser and the property Title Insurer, XXXX XXXX and local agents. We were told that this little group worked well together, and each knew their duties.\na.\tThe Appraiser, in his VA and Lender appraisal, noted no HUD Labels, (Exhibit 3a), yet still completed his appraisal, comparing this illegally set structure to legally set ones.\ni.\tAppraiser, according to the HUD rules, should have stopped. Instead he continued and completed his appraisal report as if everything was complete and legal. (Exhibit 3i)\nb.\tThe VA has informed us that if the facts of this appraisal do not meet the requirements, their remedy could be to indemnify the VA obligation in this loan/contract.\nc.\tIn XXXX, VA staff verbally advised us not to make further repair on the (ms) since our intent is to have it removed and replaced to the legal purchase that we intended and believed was made in XXXX.\nd.\tSellers and Lenders did not obtain the legally required HUD certification verified through the national database, XXXX XXXX XXXX XXXX XXXX XXXX XXXX). (Exhibit 15) \ne.\tGiven that the (mh) was presumed and advertised as new in XXXX, there was no logical excuse or reason for this legally vital information to not have been available. (Exhibit 3e)\nf.\tWe have been repeatedly informed by nearly everyone we have discussed this with, that the process is simple; when HUD Labels are missing, then an XXXX equivalent is required, which, to this date, on this property, nobody but us has ever provided. The one we got in XXXX should have been obtained in XXXX by Sellers, Lender, etc., and our XXXX confirms the transaction was never legal.\n\n4.\tThe entire XXXX home property sale and purchase turned out to be a clear fraud.\na.\tThe (mh) being advertised, presented and sold, was not even close to any of the mls descriptions. The claimed (mh) was, in fact, legally a manufactured salvage (ms), and legally non-existent past XXXX. \n\n5.\tSellers, Lenders, Servicers, etc., had a duty to know this sale was not legal, that the (mh) was not financeable under VA, nor legally existed past XXXX, when it was wrecked, HUD decertified and only for salvage use.\na.\tSellers, Lenders, Servicers and Insurers rules, guidelines and/or procedures, require knowing it.\ni.\tEach financial institution admits knowing the rules; each point to another for liability.\n\n6.\tThe fact is that all the profiting institutions and/or agents misrepresented and misled us in the $XXXX fraudulent sale, and none complied with the legally required duty to disclose.\na.\tThe financially profiting parties assured us all requirements were met and the sale was good to go. We believed and trusted them that the (ms) was as advertised, and was legally set, legally declared and legally taxed as real property.\n\n7.\tAdditional concealment was in Sellers contract, where Sellers inserted non-existent HUD Label certification numbers as if they had legal standing, knowing they were not legitimate. (Exhibit 7)\na.\tEvery contract or obligation that relied on this forged and fraudulent information is counterfeit.\n\n8.\tWith parties assurances of legal compliance, we closed the mortgage deal in XXXX, XXXX. This closing further buried the intentionally, fraudulently concealed information, that is now known to us, from which Sellers, etc., created the financial fraud which continues to compound damages.\na.\tThe VA (Veterans Affairs) acted as guaranty and has informed us that it would not have done so had the true history and character of the home property been known.\n\n9.\tSellers breached our XXXX contract; the (ms) property was not legally insurable. (Exhibit 9).\na.\tOur home-owner insurance was cancelled after the confirmed fraud. Multiple attempts to obtain other home property insurance (aside from liability), is unavailable. (Exhibit 9a)\nb.\tSellers, XXXX  and XXXX, had a duty to know of the fraud in XXXX. (Exhibit 13a) \nc.\tSellers all had a duty to not commit real property mortgage fraud; the (ms) was not eligible to sale for habitation purposes, and Sellers, Realtors, Lenders and Insurers knew that our intent was to purchase a home. (Exhibit 9c).\nd.\tWe relied on the representation of the (ms) as legally qualifying and it did not. (Exhibit 9d) Sellers, etc., had a duty to know the (ms) was not eligible under Seller, VA, etc., rules. (Exhibit15e)\n10.\tOur XXXX title insurance policy/contract with XXXX, etc., states, Amount of Insurance:  $XXXX. This figure is derived from the entire purchase price which included the (ms), not just the $XXXX valuation for acreage only, that Insurers now claim thats all it covers. (Exhibit 10)\na.\tInsurers took money from us to cover the (ms). We insist this is proof the (ms) is fully covered.\nb.\tOur contract affirmatively covers adverse events of fraud, forgery, improper or unauthorized filings in official records, and adverse events affecting property marketability, insurability, use, enjoyment, and character. (Exhibit 10b)\n\n11.\tThe description of land in the contract include the structures, i.e., affixed improvements (ms).\n(g) \"Land\": The land described in Schedule A, and affixed improvements that by law constitute real property... \na.\tXXXX XXXX XXXX XXXX XXXX XXXX adopted XXXX rules that clarify a manufactured home set as real property is to be covered. (Exhibit 11a and 11b)\n\n12.\tIn order for Insurer to exclude/deny coverage of the (ms) in an adverse (fraud or other) event discovered, a XXXX Exception is required to have been issued in our XXXX contract in Schedule B, and there is no XXXX existing anywhere in this contract. (Exhibit 12)\na.\tInsurers failed or refused to use the required XXXX language shows an understood intent that this (ms) is covered. This is confirmed by the XXXX  Commitment requiring (mh) Endorsements (Exhibit 12a) and the Lenders were specifically issued added XXXX XXXX Endorsements. (Exhibit 12b and 12c)\n\tii.\tWe question Insurers motivation in omitting the required XXXX language in the contract, as a deliberate, extension of favoritism to the Lender in order to grant XXXX XXXX Endorsements.\n\tiii.\tHad Insurers used the XXXX in the policy/contract, Lenders would not have had any access to any XXXX XXXX Endorsement granting any security for any loss incurred by the (ms) title matters. If Lenders didnt get XXXX XXXX protections, we are convinced this sale would have been rejected by them.\nb.\tHaving no XXXX in our contract requires Insurers pay our total loss claim.\n\ti.\tInsurers denial of our claim reflects being clearly ambiguous and prejudicial.\n\tii.\tWe would have rejected the entire purchase if there was XXXX language as that would have clearly omitted the purpose for the home loan purchase.\nc.\tOur contract instructs Insurer is to pay a claim within 30-days of the claim submitted to them. We can only conclude that Insurers denial of our claim is intentionally motivated to cause us harm.\ni.\tInsurers are to pay an additional 10% for delay of payment in covering this claim.\nii.\tInsurers are to pay to replace the (ms) at todays replacement costs per our contract.\n\n13.\tInsurer agent, XXXX XXXX XXXX XXXX now XXXX XXXX, has used the word fraud in verbally discussing this case. XXXX XXXX has refused to respond to inquiry.\na.\tInsurers who exclude coverage after a claim is filed for discovered and confirmed adverse event, is nothing short of a fraudulent act in itself, or an outright theft, by Insurers.\n\n14.\tWhen the fraud was confirmed XXXX of XXXX, it was becoming clearer of how involved this concealed fraud and forgery matter is. It was exposed only in going outside of the small circle of the XXXX recommended individuals who all participated in this sale. What we were starting to discover was:\na.\tThe (ms) was not eligible by governing rules to sell as VA financeable. (Exhibit 13a). \nb.\tIt is logical to conclude that if Sellers, by their own rules are prohibited from obtaining control of a property, then its equally logical to conclude they had no legal right to sell it.\n\n15.\tThe fraud remained concealed in Sellers and Lenders refusal to obtain XXXX in XXXX. Had it been done, the fraud would have been revealed as it was when we received XXXX letter in XXXX. (Exhibit 15)\na.\tHad Sellers and Lenders obtained the required XXXX, this legal dilemma would not exist.\n\ti.\tThe only questions we now have are, was this gross negligence, or something more nefarious, for example, did one or more individuals have personal knowledge of the fraud, refused to admit what they knew, and chose to participate in it?\n\tii.\tWe do know that a representative at XXXX XXXX in XXXX XXXX XXXX, had heard of this event. The representative admitted that there were only a handful of transport companies, and the news of this transport damage apparently made it a talking point in the local region. So, how many others participated in this industry conversation?\nb.\tThe ms did not legally exist after being wrecked, decertified and paid off as total loss by XXXX XXXX insurer, in XXXX (Exhibit 15b)\nc.\tManufacturer built a new manufactured home for the original buyer. (Exhibit 15c)\ni.\tThe salvage structure was obtained by a dealer who originated this intentional, concealed, orchestrated real property fraud for the purpose of illicit financial gain.\nii.\tThe (ms) HUD Labels were ordered removed. The supporting documents, including the XXXX, and Dataplate should have been removed and destroyed or returned to the manufacturer and in compliance with this process it would have ensured that this fraud never could have happened.\niii.\tThe documents were not returned. In fact, they were used in the official records, and later relied upon by the appraisers and the engineers reports. (Exhibit 3a and 15ciii)\nd.\tOn XXXX XXXX XXXX, a manufacturer manager stated the (ms) did not legally exist; he advised we speak with the XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX  (Exhibit 15d)\ne.\tXXXX XXXX later informed us: not for human occupancy or habitation and there is no process in Idaho to set (ms) on a permanent foundation as real property. (Exhibit 15e)\n\n16.\tThe wrecked, for salvage use ms, was obtained by a then mh dealer, who bought this property and developed it, into what is now known as XXXX XXXX XXXX XXXX XXXX XXXX.\na.\tThe mh dealer knowingly used fraudulent, forged, non-existent XXXX XXXX XXXX XXXX XXXX XXXX XXXX, in union with XXXX XXXX XXXX XXXX.\ni.\tThese numbers legally ceased to exist in XXXX, were used, and theres your fraud.\n\n17.\tSellers, Lenders, etc., had to clearly know that this sale was not legally allowed to be performed.\na.\tSellers, etc., committed financial mortgage fraud.\n\n18. XXXX  Servicer, XXXX, linked to Insurer, XXXX XXXX XXXX XXXX, had legal and regulatory duty to maintain filed proof of the (ms) as HUD certified or XXXX verified.\na. XXXX and XXXX Lenders immediately transferred the Servicer contract to XXXX XXXX XXXX). No Seller, Servicer or Lender has produced to date the HUD certification or XXXX equivalent.\n19.\tThe Veteran Affairs has informed us that the Lenders are required to obtain HUD certification verification from the national databank when HUD Labels are missing from a (ms) in a VA home loan.\na. XXXX XXXX XXXX, VA communication with us confirms Lender had a duty to obtain the XXXX verification letter to assure compliance. (Exhibit 19a)\n\nXXXX XXXX  Actively Conceals the Fraud\n\nFrom what we have learned from the Lender, XXXX, between this current (XXXX) situation dealing with this property fraud, and their past history of deceptive actions towards veterans, we think the CFPB will be justified to take a closer look at their participation in the XXXX refinance to now. XXXX XXXX XXXX XXXX XXXX XXXX  utilized fraudulent and incomplete documents from the XXXX file for the XXXX refinance of our VA home property loan.\n\n20.\tIn XXXX, interest rates were low, and we looked into a refinance with XXXX XXXX XXXX XXXX XXXX informed us the refinance (which would cost us nearly $XXXX), would be a fixed rate at 1.75% for the first three years, and then would become an ARM, with an up to 1% increase or decrease in any given year, depending on the apr, but insisted they have never witnessed an increase or decrease of more than half a percent. This would eliminate the fixed rate of 3.75% we were paying.\na.\tThe economy was drastically different in XXXX from XXXX and equity was climbing.\nb.\tWe asked XXXX if we needed to obtain a new appraisal and were informed none was required in a refinance. We were also told since the original was already in the file, that is what they would use.\nc.\tWe paid professionals and believed hook, line and sinker, what we were being told was true, having no idea of the fraud at this point, though the fact information, i.e., referring to the XXXX appraisal was in the file and should have red-flagged and killed the refinance being sought. (Exhibits 3a, 3e and 3i) \n\n21.\tXXXX never addressed the missing HUD Labels, though they had the appraisal.\na.\tIt makes us wonder what documents XXXX XXXX  received from XXXX to grant XXXX XXXX favoritism regarding the (ms). (Exhibit 21a)\n\n22.\tXXXX XXXX XXXX) continued as Servicer.\n\nIn XXXX the Confirmation of the Mortgage Fraud\n\nDue to the economic chaos and instability real estate property values were sky-rocketing and interest rates were dropping, we decided to look into consolidating some high-interest debt into a low-interest HELOC.\n\n23.\tIn XXXX  of XXXX, we wanted to clear up credit card debt and free up funds for home repairs. Our bank required HUD Label pictures. We couldn't find any HUD Labels (tags), which were to be on the outside of the 'home'. (Exhibits 3a, 3e and 3i)\n\n24.\tWe spoke with our XXXX  realtor who said the that the (mh) was HUD certified, and likely the tags were painted over or accidently removed in a re-siding or repair.\na.\tWe attempted to communicate with the (mh) dealer who developed this property and declared in XXXX that the (mh) he placed here was new. The dealer never took up residence at this address.\nb.\tWe asked the (mh) manufacturer where else the HUD Labels might be and were told they are on the outside end corners of each section of the (mh). We were advised that people often accidentally paint over them or remove them in re-siding, not realizing their importance. We were told to feel for raised areas for the 2\"x4\" riveted metal tags.\n\n25.\tFinding no HUD Labels, our HELOC was denied. XXXX XXXX spoke with the bank President who granted the small HELOC using realtor assurance and tax records that the (mh) was HUD certified.\n\nLOOKING BACK AND MOVING FORWARD\n \n26.\tAbout XXXX XXXX XXXX, we received confirmation of irreversible real property mortgage fraud. With the confirmation, we realized the bank had every right to reject the HELOC. (Exhibit 15e)\na.\tPrior to XXXX XXXX, we were assured by the XXXX Realtor, Lender and Engineer agents that the (ms) was HUD certified, or the XXXX loan could not have closed, and we were worried about nothing. These individuals recommended that we seek legal counsel and to file a claim with our title insurance.\n\ti.\tWe communicated with and later retained counsel in the fall of XXXX.\n\tii.\tWe informed our home property insurance, who advised we file a title insurance claim.\n\t\tA.\tWe filed a claim with the Title Insurers; XXXX denied the claim.\n27.\tAfter informing our bank of our findings, we were told no further loan will be granted with this property as collateral.\na.\tThrough the grace of God, the bank said we could just continue making our payments and they would not require the full balance to be returned immediately.\n\nCONFIRMING FRAUD\n\n28.\tOn XXXX XXXX XXXX, the (ms) manufacturer sent us the wreck report. (Exhibit 15b & c).\na.\tThis information prompted us to contact the XXXX  Lenders agent who insisted that the VA home loan could not close without the XXXX HUD certification. She insisted the (ms) was HUD certified. \n\ti.\tShe said since she no longer was with Eagle Home Mtg. (now Lennar), she had no access to the old file, and to contact them and request a copy. When Eagle said it was no longer the lender and we needed to contact XXXX for the information, our Lender agent said all we needed to do was to purchase an XXXX letter and this would verify HUD compliance.\nb.\tWe purchased the XXXX connected with this (ms); it confirmed the wreck report. (Exhibit 15)\nc.\tTo date the appraiser has refused to comment why he did not condition the (ms) appraisal for XXXX compliance status. (Exhibit 15f)\n\ti.\tWe want to know how he compared a non-HUD certified (ms) with certified properties.\n\n29.\tThe Engineer was reached in XXXX XXXX XXXX. He was asked why his XXXX XXXX XXXX, report to the XXXX Lenders stated the HUD Label numbers as if he had seen them, when obviously he did not. The Engineer admitted he didnt report the missing HUD so not to kill our loan.\na.\tThe jaw-dropping information was not taken well. We told the Engineer that truth would have protected us all from this fraud. It was not his job to be concerned whether we got a loan on this property or found another property instead.\nb.\tThe Engineer said he would speak with a friend in the county assessor office to find out how an appraiser was able to compare a non-HUD certified, for salvage use only, (ms), to property legally HUD certified. He said the response received was comparable for salvage is nil, meaning they dont exist. \nc.\tThe Engineer advised we speak with the XXXX XXXX XXXX XXXX XXXX to inquire about the recertification process.\n\ti.\tWe did, and the response was Idaho has no re-certification process. A decertified, for salvage structure is no longer legal for human habitation. (Exhibit 15e)\na.\tThis eliminated any question or doubt as to fraud existing.\n\n30.\tWe filed our claim in XXXX of XXXX, with XXXX Insurers, XXXX, as stated above. \na.\tOur insurance contract covers fraud, forgery, etc., and our situation clearly was in the coverage.\nbXXXX XXXX denied our claim in XXXX XXXX XXXX and has denied all requested reconsiderations.\nc.\tXXXX agent, at XXXX XXXX, now XXXX XXXX XXXX, XXXX XXXX, admits this is fraud, but says XXXX, the (mh) dealer, is liable, not the insurance company.  Our contract is with XXXX, not with XXXXXXXX.\n\nIn XXXX Continued Inquiry into Mortgage Fraud\n\nWe were advised by counsel to inquire about refinancing about how this information would be handled or dealt with by the professionals in the industry.\n\nWe put an inquiry into the mortgage web-stream, and were immediately inundated daily with phone calls, postal service and emails -- with offers to refinance! XXXX XXXX XXXX XXXX.\n\n31.\tXXXX XXXX XXXX XXXX., was adamant it could work around the missing HUD information and could still refinance the property. \na.\tWe provided all the information we had, that we are legally required to disclose; they were fully aware that there were problems with XXXX information.\nb. XXXX XXXX XXXX XXXX admitted our concerns were valid, but obviously didnt care because the loan was already VA guaranteed. (Exhibit 31b)\ni.\tWe were confused by XXXX response that it could work around fraudulent HUD info.\nc\tXXXX continued to press to refinance. We questioned how it could be legally achieved given the situation. (Exhibit 31c).\nd.\tThis shows that even the XXXX penalty imposed by CFPB upon XXXX clearly wasnt a large enough punishment to detour them from continuing to participate in deceptive practices.\n32.\tXXXX title insurer, XXXX XXXX, representative, XXXX XXXX, admitted he could not insure the (ms) after receiving the XXXX XXXX XXXX XXXX information that we provided to him. We are unclear if XXXX deliberately omitted the correct XXXX or if it simply intentionally sent him the incorrect XXXX document. We made it a priority to assure XXXX was informed of the conflict with XXXX documents to avoid any errors of incorrect application. (Exhibit 32)\na.\tWe had demanded answers and required confirmation from the title insurance that the manufactured home structure would be covered if a refinance occurred.\n\n33.\tThat ended any hopes of XXXX refinance in XXXX.\n\n-- \tIn XXXX XXXX told the XXXX XXXX XXXX XXXX that it knew the loan required HUD Labels (tags) certification or XXXX equivalent. XXXX claims to have the required file. XXXX has refused to produce the XXXX HUD certification to us or to the XXXX, to prove that the HUD Label numbers used in XXXX are not fraudulent. \na.\tXXXX compliance officer, XXXX XXXX  informed us in XXXX, more than once, that a manufactured home involved in a VA refinance requires HUD certification or XXXX equivalent. This is completely opposite of her boss XXXX XXXX position. \nb.\tXXXX  President, XXXX XXXX  in XXXX  claimed to the XXXX XXXX XXXX XXXX that XXXX would send the XXXX XXXX verification by email if requested through XXXX.\ni.\tThis request to XXXX has been sent multiple times and XXXX has sent nothing. XXXX XXXX XXXX XXXX XXXX XXXX\n\nSimilar to our experience with XXXX XXXX XXXX XXXX XXXX XXXX XXXX, appeared to mirror XXXX, in attitude, intent, and process, and was as equally intense to rush a refinance, even when provided full disclosure of the property history to the best of our information and ability.\n\nUnknown to us, XXXX, the potential XXXX Lender, who was ultimately rejected by us, in dealing with this property fraud, has a past history of deceptive actions towards veterans, and we think the CFPB is justified to take a closer look at this organizations participation in continued mortgage financial frauds.\n\n34.\tIn the Spring of XXXX, XXXX was made aware of the fraud connected with this property, including having the XXXX letter that we personally provided to them.\na.\tThe company, after many months, eventually acknowledged it could not legally refinance our property. (Exhibit 34a).\n\n35.\tXXXX  was planning to accept the fraudulently created Servicing contract from XXXX XXXX XXXX who had been the Servicer since XXXX XXXX, has since XXXX, been consistently approached by us and requested to provide evidence of their contract legality of XXXX  of XXXX.\naXXXX XXXX computer-generated form letters claiming it was still looking for the document in question, were sporadically sent to us, and were nothing more than XXXX refusal or failure to produce the simple national databank verification, XXXX or to just admit that the company never had the information.\n\n36. XXXX passing the illegal-counterfeit contract to XXXX is no longer passing concealed fraud along, but is in fact, knowingly and willfully participating in this mortgage fraud.\na.\tLike XXXX XXXX  has also refused to provide the simple legal compliance proof.\n\n37.\tXXXX claim to be unaware of the fraud before taking possession of the contract in an undated, unsigned response to our written inquiries, is a straight up lie. (Exhibit 37)\na.\tMultiple proofs exist of XXXX  being informed; evidence is both by electronic and written record.\na.\tWe demand XXXX explain how it can accept a fraudulent contract that it was aware of was fraud before it took possession of the contract, and how it can be legally enforced for XXXX illicit gain.\n\n38.\tThe damage is now compounded in the recent loss of our home-owner insurance and our inability to obtain any type of full coverage due to the entire fraudulent and counterfeit transaction.\na. XXXX informed us the company will obtain its own insurance and force us to pay for it, at a higher rate, as is required in their (legally unenforceable) contract. This is nothing short of actively taking part in extortion. (Exhibit 38a)\n\nIn XXXX, the XXXX XXXX XXXX and XXXX\n\n39.\tXXXX multiple times told the XXXX XXXX XXXX XXXX that it had and would send the XXXX that it confirmed it was required to have in its refinance file of XXXX (Exhibit 39)\na.\tXXXX has never fulfilled its offer to provide the simple proof. \n\n40.\tWe have reached out to other finance companies and realtors who agree that the manufactured structure, being described for salvage use, has XXXX  equity value and cannot be financed.\na.\tOne expert in the real-estate industry who is not part of any of the transactions discussed submitted their overview in writing. Identify is omitted to avoid any repercussion to them. (Exhibit 40a)\n\nVeteran, XXXX XXXX has no intention of continuing to pay for the fraud, and intends to restructure how this deal proceeds.\n\nWe have submitted some of the many documents that we have in our possession that prove our claims.\n\nSUMMARY\n\n1.\tHUD Certification Labels XXXX XXXX XXXX, in union with Serial #XXXX XXXX XXXX ceased to legally exist in XXXX. They were used to create and develop the address of XXXX XXXX XXXX XXXX XXXX XXXX XXXX as a legally New manufactured home, set and declared as real property.\na.\tThese counterfeit numbers are the sole source of every contract in this complaint that every participating company or individual in this transaction relies upon. The creation of the fraud was intentionally calculated and designed to be concealed for illicit gain.\n\n2.\tEvery company and individual using the non-existent HUD Label information in any contract has actively participated in real property mortgage fraud, knowingly or by refused or failed duties, built on and profited from the original fraud, that should have been discovered during the XXXX loan process.\na.\tFederal CFRs, FHFA, Mortgage, Insurance and State Idaho Codes of fraud are in violation.\n \n4.\tHad ONE of the involved performed their legal and fact-check duties in XXXX, none of us would be here today. The fraud would have been revealed at that time. Instead all of the involved either change the subject (or transfer Servicer contracts) and none have stopped the financial hemorrhage of damages.\n\n5.\tNone of the parties ever produced a scintilla of evidence that any of them were within the legal compliance in this transaction. Clear-cut mortgage fraud occurred, and each company and individual who profited holds a degree of liability, equal to or exceeding the value of our intended purchase in this real estate transaction. \na.\tIt is hard to fathom, that out of all the involved companies, individuals and the roles each was to perform, that not one of them refused to move forward, when these missing HUD Labels were noted on the appraisal, and to only continue after the authorized documents were properly obtained.  \n\n6.\tWe have been informed by multiple entities that the restoration remedy here is to remove the structure and replace it with a legally recognized home. This will require major actions of effort, finances and time to address.\n\n7.\tThe issue itself is quite simple. Contracts generated fraud have no legal enforceability. Use of fraudulent contracts defeat the need of professional licenses and certifications to sell their product.\na.\tFraud weakens, cheapens and ultimately destroys everything it touches.\n\n8.\tWe have no intention of continuing to pay for fraud. We are resolved to restructure how this deal proceeds.\n\n9.\tSellers, Lenders, Servicers, and Insurers have obviously produced none of the required legal verification documents, because they dont now, nor have they ever obtained them, and all of them have just flat-out refused to admit this simple truth.\n\n10.\tTherefore, CFPB should find that all the involved parties be required to initiate full restitution stated below, promptly.\n\n11.\tWe are in communication with the VA to review this fraudulent home property transaction, and that it indemnify itself from all liability. The VA cannot enforce or participate in acting as a conduit to mortgage fraud. Being a federal agency a higher standard is required by them.\n\n12.\tWe, XXXX XXXX XXXX XXXX, have submitted the documents needed that clearly prove all nine (9) elements of fraud are met, against all of the companies involved.\n\nIf this matter is not resolved now, our intent is to:\n\n1.\tFile legal actions against all involved in the XXXX XXXX and XXXX fraudulent sale and financing.\n2.\tCease all future mortgage payments to force addressing the finance fraud deception.\n\nOur minimum resolution be","date_sent_to_company":"2023-01-21T09:49:00.000Z","issue":"Closing on a mortgage","sub_product":"VA mortgage","zip_code":"838XX","tags":"Servicemember","has_narrative":true,"complaint_id":"6466586","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Lennar Financial Services, LLC","date_received":"2023-01-21T09:23:13.000Z","state":"ID","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":["The <em>description</em> of land in the contract include the structures, i.e., affixed improvements (ms).\n(g) \"Land\": The land described in Schedule A, and affixed improvements that by law constitute real property... \na.\tXXXX XXXX XXXX XXXX XXXX XXXX adopted XXXX rules that clarify a manufactured home set as real property is to be covered. (Exhibit 11a and 11b)\n\n12."]},"sort":[3.0805337,"6466586"]},{"_index":"complaint-public-v1","_id":"6467201","_score":3.079443,"_source":{"product":"Mortgage","complaint_what_happened":"CFPB\t\tComplaint by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Sellers Lenders Servicers Insurers; Originating, Participating & Profiting from Fraud in this VA Home Loan Real Estate Transaction of:\tXXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Low VA Rates, LLC., are under a monitoring agreement with CFPB, and we believe their participation in the fraud outlined in this complaint clearly demonstrates their willingness to continue to deal in financial deceptions. \n\nThis complaint involves the below companies, and the timelines they actively participated.\n\nReferred to as\t\tCompany or Companies\n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX (LVAR) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, ceased to legally exist in XXXX  and were counterfeit and fraud in being used past that date. These identification numbers were used to create and develop the address of XXXX XXXX XXXX XXXX XXXX Idaho XXXX, as a legally New manufactured home, set and declared as real property.\n\nThese counterfeit numbers are the sole source of every contract in this complaint that every participating company or individual in this transaction relies upon. The creation of the fraud was intentionally calculated and designed to be concealed for illicit gain.\n\nUnless otherwise stated, this section refers to the XXXX  transaction.  (mh) refers to manufactured home, whereas (ms) refers to manufactured salvage/structure. XXXX XXXX XXXX XXXX XXXX XXXX, responded to a publicly advertised real estate mls in XXXX  for a home on XXXX acres. The property at XXXX XXXX XXXX XXXX XXXX XXXX XXXX was offered by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, referred to as the XXXX Sellers. (Exhibit 1)\na.\tXXXX  is affiliated with XXXX XXXX XXXX XXXX XXXX), the XXXX XXXX XXXX XXXX XXXX XXXX agent acted on behalf of us and XXXX Sellers and informed us that this property was sold a first-time in XXXX  and the manufactured home (mh) on it was new when set in XXXX. (Exhibit 1b)\ni.\tWe asked why no title was obtained, and were assured the title had been eliminated, by the Certificate of Origin (as a new mh when set as real property in XXXX), and the vehicle title was surrendered through the DMV process.\nc.\tWe had the right to believe and rely upon what was presented to us was true by XXXX  in the XXXX  deal. XXXX  breached contract by fraudulent misrepresentation. (Exhibit 1c)\n\n2.\tThe property listing we were initially drawn toward was, (Exhibit 2), fit VA requirements, per our realtor and lender. The mls listed the manufactured home (mh), advertised as High-end XXXX  XXXX  XXXX sq. ft, VA financeable.\na.\tIt was originally presented to be new in XXXX, according to a prior mls listing. (Exhibit 2a) \n\n3.\tOur realtor agent urged a referral for Lenders agent, who was with XXXX XXXX XXXX, who in turn referred us to the structural engineer, appraiser and the property Title Insurer, XXXX XXXX XXXX XXXX XXXX. We were told that this little group worked well together, and each knew their duties.\na.\tThe Appraiser, in his VA and Lender appraisal, noted no HUD Labels, (Exhibit 3a), yet still completed his appraisal, comparing this illegally set structure to legally set ones.\ni.\tAppraiser, according to the HUD rules, should have stopped. Instead he continued and completed his appraisal report as if everything was complete and legal. (Exhibit 3i)\nb.\tThe VA has informed us that if the facts of this appraisal do not meet the requirements, their remedy could be to indemnify the VA obligation in this loan/contract.\nc.\tIn XXXX, VA staff verbally advised us not to make further repair on the (ms) since our intent is to have it removed and replaced to the legal purchase that we intended and believed was made in XXXX.\nd. Sellers and Lenders did not obtain the legally required HUD certification verified through the national database, IBTS, (Institute of Building Technology & Safety). (Exhibit 15) e. Given that the (mh) was presumed and advertised as new in XXXX, there was no logical excuse or reason for this legally vital information to not have been available. (Exhibit 3e)\nf.\tWe have been repeatedly informed by nearly everyone we have discussed this with, that the process is simple; when HUD Labels are missing, then an IBTS equivalent is required, which, to this date, on this property, nobody but us has ever provided. The one we got in XXXX  should have been obtained in XXXX  by Sellers, Lender, etc., and our IBTS confirms the transaction was never legal. 4. The entire XXXX home property sale and purchase turned out to be a clear fraud.\na.\tThe (mh) being advertised, presented and sold, was not even close to any of the mls descriptions. The claimed (mh) was, in fact, legally a manufactured salvage (ms), and legally non-existent past XXXX. 5. Sellers, Lenders, Servicers, etc., had a duty to know this sale was not legal, that the (mh) was not financeable under VA, nor legally existed past XXXX, when it was wrecked, HUD decertified and only for salvage use.\na. Sellers, Lenders, Servicers and Insurers rules, guidelines and/or procedures, require knowing it.\ni.\tEach financial institution admits knowing the rules; each point to another for liability. 6. The fact is that all the profiting institutions and/or agents misrepresented and misled us in the XXXX fraudulent sale, and none complied with the legally required duty to disclose.\na.\tThe financially profiting parties assured us all requirements were met and the sale was good to go. We believed and trusted them that the (ms) was as advertised, and was legally set, legally declared and legally taxed as real property. 7.\tAdditional concealment was in Sellers  contract, where Sellers inserted non-existent HUD Label certification numbers as if they had legal standing, knowing they were not legitimate. (Exhibit 7)\na.\tEvery contract or obligation that relied on this forged and fraudulent information is counterfeit. 8. With parties assurances of legal compliance, we closed the mortgage deal in XXXX, XXXX. This closing further buried the intentionally, fraudulently concealed information, that is now known to us, from which Sellers, etc., created the financial fraud which continues to compound damages.\na.\tThe VA (Veterans Affairs) acted as guaranty and has informed us that it would not have done so had the true history and character of the home property been known. 9.\tSellers breached our XXXX  contract; the (ms) property was not legally insurable. (Exhibit 9). a.\tOur home-owner insurance was cancelled after the confirmed fraud. Multiple attempts to obtain other home property insurance (aside from liability), is unavailable. (Exhibit 9a)\nb.\tSellers, XXXX XXXX XXXX, had a duty to know of the fraud in XXXX. (Exhibit 13a) c. Sellers  all had a duty to not commit real property mortgage fraud; the (ms) was not eligible to sale for habitation purposes, and Sellers, Realtors, Lenders and Insurers knew that our intent was to purchase a home. (Exhibit 9c).\nd.\tWe relied on the representation of the (ms) as legally qualifying and it did not. (Exhibit 9d) Sellers, etc., had a duty to know the (ms) was not eligible under Seller, VA, etc., rules. (XXXX)\nXXXX.\tOur XXXX  title insurance policy/contract with XXXX, etc., states, Amount of Insurance: XXXX. This figure is derived from the entire purchase price which included the (ms), not just the XXXX valuation for acreage only, that Insurers  now claim thats all it covers. (Exhibit 10)\na. Insurers took money from us to cover the (ms). We insist this is proof the (ms) is fully covered.\nb.\tOur contract affirmatively covers adverse events of fraud, forgery, improper or unauthorized filings in official records, and adverse events affecting property marketability, insurability, use, enjoyment, and character. (Exhibit 10b) 11.\tThe description of land in the contract include the structures, i.e., affixed improvements (ms).\n(g) \"Land\": The land described in Schedule A, and affixed improvements that by law constitute real property... \nXXXX\tALTA (American Land & Title Association) adopted XXXX  rules that clarify a manufactured home set as real property is to be covered. (Exhibit 11a and 11b) 12.\tIn order for Insurer to exclude/deny coverage of the (ms) in an adverse (fraud or other) event discovered, a XXXX Exception is required to have been issued in our XXXX  contract in Schedule B, and there is no XXXX existing anywhere in this contract. (Exhibit 12) a.\tInsurers failed or refused to use the required XXXX language shows an understood intent that this (ms) is covered. This is confirmed by the XXXX  Commitment requiring (mh) Endorsements (Exhibit 12a) and the Lenders were specifically issued added XXXX XXXX  Endorsements. (Exhibit 12b and 12c) ii.\tWe question Insurers motivation in omitting the required XXXX language in the contract, as a deliberate, extension of favoritism to the Lender in order to grant XXXX XXXX Endorsements.\n\tiii.\tHad Insurers used the XXXX in the policy/contract, Lenders would not have had any access to any XXXX XXXX  Endorsement granting any security for any loss incurred by the (ms) title matters. If XXXX  didnt get XXXX XXXX protections, we are convinced this sale would have been rejected by them.\nb.\tHaving no XXXX in our contract requires Insurers pay our total loss claim. i. Insurers denial of our claim reflects being clearly ambiguous and prejudicial.\n\tii.\tWe would have rejected the entire purchase if there was XXXX  language as that would have clearly omitted the purpose for the home loan purchase.\nc.\tOur contract instructs Insurer  is to pay a claim within 30-days of the claim submitted to them. We can only conclude that Insurers denial of our claim is intentionally motivated to cause us harm. i. Insurers are to pay an additional XXXXXXXX for delay of payment in covering this claim.\nii. Insurers  are to pay to replace the (ms) at todays replacement costs per our contract. 13. Insurer  agentXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, has used the word fraud in verbally discussing this case. XXXX XXXX has refused to respond to inquiry.\na. Insurers who exclude coverage after a claim is filed for discovered and confirmed adverse event, is nothing short of a fraudulent act in itself, or an outright theft, by Insurers. 14. When the fraud was confirmed XXXX  of XXXX, it was becoming clearer of how involved this concealed fraud and forgery matter is. It was exposed only in going outside of the small circle of the XXXX  recommended individuals who all participated in this sale. What we were starting to discover was:\na.\tThe (ms) was not eligible by governing rules to sell as VA financeable. (Exhibit 13a). b.\tIt is logical to conclude that if Sellers, by their own rules are prohibited from obtaining control of a property, then its equally logical to conclude they had no legal right to sell it.\n\n15. The fraud remained concealed in Sellers and Lenders  refusal to obtain IBTS  in XXXX. Had it been done, the fraud would have been revealed as it was when we received IBTS  letter in XXXX. (Exhibit 15) a.\tHad Sellers and Lenders  obtained the required IBTS, this legal dilemma would not exist.\n\ti.\tThe only questions we now have are, was this gross negligence, or something more nefarious, for example, did one or more individuals have personal knowledge of the fraud, refused to admit what they knew, and chose to participate in it?\n\tii.\tWe do know that a representative at XXXX XXXX in XXXX XXXX Idaho, had heard of this event. The representative admitted that there were only a handful of transport companies, and the news of this transport damage apparently made it a talking point in the local region. So, how many others participated in this industry conversation?\nb.\tThe ms did not legally exist after being wrecked, decertified and paid off as total loss by XXXX XXXX XXXX in XXXX. (Exhibit 15b) c.\tManufacturer built a new manufactured home for the original buyer. (Exhibit 15c)\ni.\tThe salvage structure was obtained by a dealer who originated this intentional, concealed, orchestrated real property fraud for the purpose of illicit financial gain.\nii.\tThe (ms) HUD Labels were ordered removed. The supporting documents, including the XXXX, and XXXX  should have been removed and destroyed or returned to the manufacturer and in compliance with this process it would have ensured that this fraud never could have happened.\niii.\tThe documents were not returned. In fact, they were used in the official records, and later relied upon by the appraisers and the engineers reports. (Exhibit 3a and 15ciii)\nd.\tOn XXXX XXXX XXXX, a manufacturer manager stated the (ms) did not legally exist; he advised we speak with the XXXX  Dept. of Building Safety, XXXX XXXX (Exhibit 15d) XXXX XXXX XXXX later informed us: not for human occupancy or habitation and there is no process in Idaho to set (XXXX on a permanent foundation as real property. (Exhibit 15e)\n\n16.\tThe wrecked, for salvage use ms, was obtained by a then XXXX  dealer, who bought this property and developed it, into what is now known as XXXX XXXX XXXX XXXX XXXX Idaho.\na.\tThe mh  dealer knowingly used fraudulent, forged, non-existent HUD Certification Labels of XXXX and XXXX, in union with Serial XXXX and XXXX.\ni.\tThese numbers legally ceased to exist in XXXX, were used, and theres your fraud.\n\nXXXX. Sellers, Lenders, etc., had to clearly know that this sale was not legally allowed to be performed.\na.\tSellers, etc., committed financial mortgage fraud. 18.\tXXXX XXXX, XXXX, linked to XXXX, XXXX XXXX XXXX XXXX, had legal and regulatory duty to maintain filed proof of the (ms) as HUD certified or XXXX  verified.\na.\tXXXX  and XXXX  Lenders  immediately transferred the Servicer  contract to XXXX XXXX XXXX No Seller, Servicer or Lender has produced to date the HUD certification or XXXX  equivalent.\n19. The Veteran Affairs has informed us that the Lenders are required to obtain HUD certification verification from the national databank when HUD Labels are missing from a (ms) in a VA home loan.\na. XXXX XXXX XXXX, VA communication with us confirms Lender had a duty to obtain the XXXX verification letter to assure compliance. (Exhibit 19a)\n\nXXXX LVAR  Actively Conceals the Fraud\n\nFrom what we have learned from the Lender, LVAR, between this current (XXXX) situation dealing with this property fraud, and their past history of deceptive actions towards veterans, we think the CFPB will be justified to take a closer look at their participation in the XXXX  refinance to now.\n\nLender  Low VA Rates, LLC., (LVAR), utilized fraudulent and incomplete documents from the XXXX  file for the XXXX  refinance of our VA home property loan.\n\nXXXX.\tIn XXXX, interest rates were low, and we looked into a refinance with Low VA Rates, LLCXXXX LVAR informed us the refinance (which would cost us nearly XXXXXXXX), would be a fixed rate at 1.75% for the first three years, and then would become an ARM, with an up to 1% increase or decrease in any given year, depending on the apr, but insisted they have never witnessed an increase or decrease of more than half a percent. This would eliminate the fixed rate of 3.75% we were paying.\na.\tThe economy was drastically different in XXXX  from XXXX, and equity was climbing.\nb.\tWe asked LVAR if we needed to obtain a new appraisal and were informed none was required in a refinance. We were also told since the original was already in the file, that is what they would use.\nc.\tWe paid professionals and believed hook, line and sinker, what we were being told was true, having no idea of the fraud at this point, though the fact information, i.e., referring to the XXXX  appraisal was in the file and should have red-flagged and killed the refinance being sought. (Exhibits 3a, 3e and 3i) \n\n21. LVAR never addressed the missing HUD Labels, though they had the appraisal.\na.\tIt makes us wonder what documents XXXX XXXX received from LVAR to grant XXXXXXXX  7 favoritism regarding the (ms). (Exhibit 21a)\n\nXXXXXXXX XXXX XXXX XXXX continued as Servicer.\n\nIn XXXX, the Confirmation of the Mortgage Fraud\n\nDue to the economic chaos and instability real estate property values were sky-rocketing and interest rates were dropping, we decided to look into consolidating some high-interest debt into a low-interest HELOC. 23.\tIn XXXX  of XXXX, we wanted to clear up credit card debt and free up funds for home repairs. Our bank required HUD Label pictures. We couldn't find any HUD Labels (tags), which were to be on the outside of the 'home'. (Exhibits 3a, 3e and 3i) 24.\tWe spoke with our XXXX  realtor who said the that the (mh) was HUD certified, and likely the tags were painted over or accidently removed in a re-siding or repair.\na.\tWe attempted to communicate with the (mh) dealer who developed this property and declared in XXXX  that the (mh) he placed here was new. The dealer never took up residence at this address.\nb.\tWe asked the (mh) manufacturer where else the HUD Labels might be and were told they are on the outside end corners of each section of the (mh). We were advised that people often accidentally paint over them or remove them in re-siding, not realizing their importance. We were told to feel for raised areas for the XXXX riveted metal tags.\n\n25.\tFinding no HUD Labels, our HELOC  was denied. XXXX XXXX spoke with the bank President who granted the small HELOC using realtor assurance and tax records that the (mh) was HUD certified.\n\nLOOKING BACK AND MOVING FORWARD 26.\tAbout XXXX XXXX XXXX, we received confirmation of irreversible real property mortgage fraud. With the confirmation, we realized the bank had every right to reject the HELOC. (Exhibit 15e) a.\tPrior to XXXX XXXX, we were assured by the XXXX Realtor, Lender and Engineer agents that the (ms) was HUD certified, or the XXXX  loan could not have closed, and we were worried about nothing. These individuals recommended that we seek legal counsel and to file a claim with our title insurance.\n\ti.\tWe communicated with and later retained counsel in the fall of XXXX.\n\tii.\tWe informed our home property insurance, who advised we file a title insurance claim.\n\t\tA.\tWe filed a claim with the Title Insurers; XXXX  denied the claim. 27.\tAfter informing our bank of our findings, we were told no further loan will be granted with this property as collateral.\na.\tThrough the grace of God, the bank said we could just continue making our payments and they would not require the full balance to be returned immediately.\n\nCONFIRMING FRAUD\n\n28.\tOn XXXX XXXX XXXX, the (ms) manufacturer sent us the wreck report. (Exhibit 15b & c). a.\tThis information prompted us to contact the XXXX  XXXX  agent who insisted that the VA home loan could not close without the XXXX  HUD certification. She insisted the (ms) was HUD certified. \n\ti.\tShe said since she no longer was with XXXX XXXX XXXX (now XXXX), she had no access to the old file, and to contact them and request a copy. When XXXX  said it was no longer the lender and we needed to contact LVAR for the information, our Lender agent said all we needed to do was to purchase an IBTS letter and this would verify HUD compliance.\nb.\tWe purchased the XXXX  connected with this (ms); it confirmed the wreck report. (Exhibit 15) c.\tTo date the appraiser has refused to comment why he did not condition the (ms) appraisal for XXXX  compliance status. (Exhibit 15f)\n\ti.\tWe want to know how he compared a non-HUD certified (ms) with certified properties. 29.\tThe Engineer was reached in XXXX  of XXXX. He was asked why his XXXX XXXX, XXXX, report to the XXXX  Lenders stated the HUD Label numbers as if he had seen them, when obviously he did not. The Engineer admitted he didnt report the missing HUD so not to kill our loan.\na.\tThe jaw-dropping information was not taken well. We told the Engineer that truth would have protected us all from this fraud. It was not his job to be concerned whether we got a loan on this property or found another property instead.\nb.\tThe Engineer said he would speak with a friend in the county assessor office to find out how an appraiser was able to compare a non-HUD certified, for salvage use only, (ms), to property legally HUD certified. He said the response received was comparable for salvage is nil, meaning they dont exist. \nc.\tThe Engineer advised we speak with the Idaho  Dept. of Building Safety to inquire about the recertification process.\n\ti.\tWe did, and the response was Idaho has no re-certification process. A decertified, for salvage structure is no longer legal for human habitation. (Exhibit 15e)\na.\tThis eliminated any question or doubt as to fraud existing.\n\n30.\tWe filed our claim in XXXX  of XXXX, with XXXX  XXXX, XXXX as stated above. \na.\tOur insurance contract covers fraud, forgery, etc., and our situation clearly was in the coverage.\nb.\tXXXX  denied our claim in XXXX  of XXXX  and has denied all requested reconsiderations.\nc.\tInsurers agent, at XXXX  XXXX, now XXXX XXXX XXXX XXXX XXXX, admits this is fraud, but says XXXX, the (XXXX) dealer, is liable, not the insurance company.  Our contract is with Insurers, not with XXXX.\n\nIn XXXX  Continued Inquiry into Mortgage Fraud\n\nWe were advised by counsel to inquire about refinancing about how this information would be handled or dealt with by the professionals in the industry.\n\nWe put an inquiry into the mortgage web-stream, and were immediately inundated daily with phone calls, postal service and emails -- with offers to refinance!\n\nLow VA Rates, LLC. 31. Low VA Rates, LLC., was adamant it could work around the missing HUD information and could still refinance the property. \na.\tWe provided all the information we had, that we are legally required to disclose; they were fully aware that there were problems with XXXX  information.\nb.\tLVAR  President, XXXX XXXXl admitted our concerns were valid, but obviously didnt care because the loan was already VA guaranteed. (Exhibit 31b)\ni.\tWe were confused by LVAR response that it could work around fraudulent HUD info.\nc LVAR continued to press to refinance. We questioned how it could be legally achieved given the situation. (Exhibit 31c).\nd.\tThis shows that even the XXXX penalty imposed by CFPB upon LVAR clearly wasnt a large enough punishment to detour them from continuing to participate in deceptive practices. 32.\tLVARs title insurer, Elevated Title, representative, XXXX XXXX  admitted he could not insure the (ms) after receiving the XXXX XXXX XXXX, XXXX  information that we provided to him. We are unclear if LVAR deliberately omitted the correct XXXX  or if it simply intentionally sent him the incorrect XXXX  document. We made it a priority to assure LVAR was informed of the conflict with XXXX  documents to avoid any errors of incorrect application. (Exhibit 32)\na.\tWe had demanded answers and required confirmation from the title insurance that the manufactured home structure would be covered if a refinance occurred. 33. That ended any hopes of LVAR refinance in XXXX.\n\n-- \tIn XXXX, LVAR  told the XXXX XXXX XXXX XXXX that it knew the loan required HUD Labels (tags) certification or XXXX  equivalent. LVAR claims to have the required file. LVAR  has refused to produce the XXXX  HUD certification to us or to the XXXX, to prove that the HUD Label numbers used in XXXX are not fraudulent. \naXXXX LVAR compliance officer, XXXX XXXX informed us in XXXX, more than once, that a manufactured home involved in a VA refinance requires HUD certification or XXXX  equivalent. This is completely opposite of her boss (XXXX XXXX) position. \nb. LVAR  President, XXXX XXXX  in XXXX, claimed to the XXXX XXXX XXXX XXXX that LVAR would send the XXXX  XXXX  verification by email if requested through XXXX.\ni.\tThis request to LVAR  has been sent multiple times and LVAR has sent nothing. XXXX XXXX XXXX XXXXXXXX XXXX XXXX\n\nSimilar to our experience with LVAR,  XXXX XXXX XXXX XXXX XXXX XXXX, appeared to mirror LVAR, in attitude, intent, and process, and was as equally intense to rush a refinance, even when provided full disclosure of the property history to the best of our information and ability.\n\nUnknown to us, XXXX, the potential XXXX  XXXX, who was ultimately rejected by us, in dealing with this property fraud, has a past history of deceptive actions towards veterans, and we think the CFPB is justified to take a closer look at this organizations participation in continued mortgage financial frauds. 34.\tIn the XXXX  of XXXXXXXX XXXX  was made aware of the fraud connected with this property, including having the XXXX  letter that we personally provided to them.\na.\tThe company, after many months, eventually acknowledged it could not legally refinance our property. (Exhibit 34a). 35. XXXX was planning to accept the fraudulently created Servicing contract from XXXX XXXX XXXX  who had been the XXXX  since XXXX. XXXX, has since XXXX, been consistently approached by us and requested to provide evidence of their contract legality of XXXX  of XXXX.\na.\tXXXX  computer-generated form letters claiming it was still looking for the document in question, were sporadically sent to us, and were nothing more than XXXX  refusal or failure to produce the simple national databank verification, (XXXX), or to just admit that the company never had the information. 36.\tDMs  passing the illegal-counterfeit contract to XXXX is no longer passing concealed fraud along, but is in fact, knowingly and willfully participating in this mortgage fraud.\na.\tLike XXXX, XXXX has also refused to provide the simple legal compliance proof. 37.\tXXXX claim to be unaware of the fraud before taking possession of the contract in an undated, unsigned response to our written inquiries, is a straight up lie. (Exhibit 37)\na.\tMultiple proofs exist of XXXX  being informed; evidence is both by electronic and written record.\na.\tWe demand XXXX explain how it can accept a fraudulent contract that it was aware of was fraud before it took possession of the contract, and how it can be legally enforced for XXXXI illicit gain.\n\n38. The damage is now compounded in the recent loss of our home-owner insurance and our inability to obtain any type of full coverage due to the entire fraudulent and counterfeit transaction.\na.\tXXXX informed us the company will obtain its own insurance and force us to pay for it, at a higher rate, as is required in their (legally unenforceable) contract. This is nothing short of actively taking part in extortion. (Exhibit XXXX)\n\nIn XXXX, the XXXX XXXX XXXX and LVAR 39. LVAR  multiple times told the XXXX XXXX XXXX XXXX that it had and would send the IBTS that it confirmed it was required to have in its refinance file of XXXX. (Exhibit 39)\na. LVAR has never fulfilled its offer to provide the simple proof. 40.\tWe have reached out to other finance companies and realtors who agree that the manufactured structure, being described for salvage use, has zero equity value and cannot be financed.\na.\tOne expert in the real-estate industry who is not part of any of the transactions discussed submitted their overview in writing. Identify is omitted to avoid any repercussion to them. (Exhibit 40a) \nVeteran, XXXX XXXX, has no intention of continuing to pay for the fraud, and intends to restructure how this deal proceeds.\n\nWe have submitted some of the many documents that we have in our possession that prove our claims.\n\nSUMMARY 1.\tHUD Certification Labels #XXXX  and #XXXX, in union with Serial #XXXXXXXX and XXXX ceased to legally exist in XXXX. They were used to create and develop the address of XXXX XXXX XXXX XXXX XXXX Idaho XXXX, as a legally New manufactured home, set and declared as real property.\na.\tThese counterfeit numbers are the sole source of every contract in this complaint that every participating company or individual in this transaction relies upon. The creation of the fraud was intentionally calculated and designed to be concealed for illicit gain. 2.\tEvery company and individual using the non-existent HUD Label information in any contract has actively participated in real property mortgage fraud, knowingly or by refused or failed duties, built on and profited from the original fraud, that should have been discovered during the XXXX  loan process.\na.\tFederal CFRs, FHFA, Mortgage, Insurance and State Idaho  Codes of fraud are in violation. 4. Had ONE of the involved performed their legal and fact-check duties in XXXX, none of us would be here today. The fraud would have been revealed at that time. Instead all of the involved either change the subject (or transfer Servicer contracts) and none have stopped the financial hemorrhage of damages.\n\n5.\tNone of the parties ever produced a scintilla of evidence that any of them were within the legal compliance in this transaction. Clear-cut mortgage fraud occurred, and each company and individual who profited holds a degree of liability, equal to or exceeding the value of our intended purchase in this real estate transaction. \na.\tIt is hard to fathom, that out of all the involved companies, individuals and the roles each was to perform, that not one of them refused to move forward, when these missing HUD Labels were noted on the appraisal, and to only continue after the authorized documents were properly obtained. 6.\tWe have been informed by multiple entities that the restoration remedy here is to remove the structure and replace it with a legally recognized home. This will require major actions of effort, finances and time to address. 7. The issue itself is quite simple. Contracts generated fraud have no legal enforceability. Use of fraudulent contracts defeat the need of professional licenses and certifications to sell their product.\na.\tFraud weakens, cheapens and ultimately destroys everything it touches. 8. We have no intention of continuing to pay for fraud. We are resolved to restructure how this deal proceeds. 9. Sellers, Lenders, Servicers, and Insurers have obviously produced none of the required legal verification documents, because they dont now, nor have they ever obtained them, and all of them have just flat-out refused to admit this simple truth. 10.\tTherefore, CFPB should find that all the involved parties be required to initiate full restitution stated below, promptly.\n\n11.\tWe are in communication with the VA to review this fraudulent home property transaction, and that it indemnify itself from all liability. The VA cannot enforce or participate in acting as a conduit to mortgage fraud. Being a federal agency a higher standard is required by them.\n\n12.\tWe, XXXX and XXXX XXXX, have submitted the documents needed that clearly prove all XXXX XXXX elements of fraud are met, against all of the companies involved.\n\nIf this matter is not resolved now, our intent is to: 1. File legal actions against all involved in the XXXX, XXXX  and XXXX  fraudulent sale and financing. 2. Cease all future mortgage payments to force addressing the finance fraud deception.\n\nOur minimum resolution is below.","date_sent_to_company":"2023-02-13T21:25:21.000Z","issue":"Closing on a mortgage","sub_product":"VA mortgage","zip_code":"838XX","tags":"Servicemember","has_narrative":true,"complaint_id":"6467201","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"United Military Mortgage, LLC","date_received":"2023-01-21T08:19:19.000Z","state":"ID","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["This is nothing <em>short</em> of actively taking part in extortion. (Exhibit XXXX)\n\nIn XXXX, the XXXX XXXX XXXX and LVAR 39. LVAR  multiple times told the XXXX XXXX XXXX XXXX that it had and would send the IBTS that it confirmed it was required to have in its refinance file of XXXX. (Exhibit 39)\na. LVAR has never fulfilled its offer to provide the simple proof. 40."]},"sort":[3.079443,"6467201"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":14,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":14}]}},"product":{"doc_count":14,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Debt collection","doc_count":6,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"I do not know","doc_count":4},{"key":"Credit card debt","doc_count":1},{"key":"Medical debt","doc_count":1}]}},{"key":"Mortgage","doc_count":4,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"VA mortgage","doc_count":4}]}},{"key":"Credit card","doc_count":2,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"General-purpose credit card or charge card","doc_count":2}]}},{"key":"Checking or savings account","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Checking account","doc_count":1}]}},{"key":"Payday loan, title loan, or personal loan","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Installment loan","doc_count":1}]}}]}},"issue":{"doc_count":14,"issue":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Attempts to collect debt not owed","doc_count":5,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Debt is not yours","doc_count":5}]}},{"key":"Closing on a mortgage","doc_count":3,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[]}},{"key":"Charged fees or interest you didn't expect","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[]}},{"key":"Managing an account","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Funds not handled or disbursed as instructed","doc_count":1}]}},{"key":"Problem with a purchase shown on your statement","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Card was charged for something you did not purchase with the card","doc_count":1}]}},{"key":"Trouble during payment process","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Trying to communicate with the company to fix an issue while managing or servicing your loan","doc_count":1}]}},{"key":"Trouble using your card","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit card company won't increase or decrease your credit limit","doc_count":1}]}},{"key":"Written notification about debt","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Didn't receive enough information to verify debt","doc_count":1}]}}]}},"timely":{"doc_count":14,"timely":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Yes","doc_count":14}]}},"company_response":{"doc_count":14,"company_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Closed with explanation","doc_count":10},{"key":"Closed with monetary relief","doc_count":2},{"key":"Closed with non-monetary relief","doc_count":2}]}},"submitted_via":{"doc_count":14,"submitted_via":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Web","doc_count":14}]}},"company":{"doc_count":14,"company":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"AMERICAN EXPRESS COMPANY","doc_count":1},{"key":"BANK OF AMERICA, NATIONAL ASSOCIATION","doc_count":1},{"key":"CCS Financial Services, Inc.","doc_count":1},{"key":"I.C. 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