Product: Debt collection

On XX/XX/year>, I filed a complaint with the CFPB regarding Chase Auto and the lack of accountability, manipulation and distortion of facts, wrongeful credit reporting tactics and more. That CFPB Complaint number is XXXX. The company responded with more erroneous information and did not address, nor did it fix the issues regarding the email notices that are sent to me with the wrong data reflecting in the email regarding debt collection. 

In the CFPB comment for 1006.18 False, Deceptive, or Misleading Representations or Means : 18 ( e ) ( 1 ) Initial communications. 
1. Example. A debt collector must make the disclosure required by 1006.18 ( e ) ( 1 ) in the debt collectors initial communication with a consumer, regardless of the medium of communication and regardless of whether the debt collector or the consumer initiated the communication. For example, assume that a debt collector who has not previously communicated with a consumer attempt to communicate with the consumer by leaving a limited-content message, as defined in 1006.2 ( j ). After listening to the debt collectors limited-content message, the consumer initiates a telephone call to, and communicates with, the debt collector. Pursuant to 1006.18 ( e ) ( 1 ), because the consumer-initiated call is the initial communication between the debt collector and the consumer, the debt collector must disclose to the consumer during that telephone call that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose. 

Chase provides inaccurate information via email to customers regarding how far past due the account is. Additionally, according to the information above regarding False, Deceptive and Misleading Representations or Means, " A debt collector must make the disclosure required by 1006.18 ( e ) ( 1 ) in the debt collectors initial communication with a consumer, regardless of the medium of communication and regardless of whether the debt collector or the consumer initiated the communication. '' Attached are two instances where inaccurate account information was emailed to me regarding how far past due my account was. In those two examples, Chase did not disclose in the initial communication with the consumer the disclosure required by 1006.18 ( e ) ( 1 ). 

Definition of Initial : existing or occurring at the beginning : In the attached emails, Chase DID NOT provide the disclosure in the debt collector 's initial communication with a consumer. Chase provided the disclosure that it was attempting to collect a debt at the bottom of the communication underneath the contact information after giving erroneous information about how far behind the consumer 's account was. Chase violated the Debt Collection Practices Act by not disclosing at the beginning of the email that " this is an attempt to collect, and any information obtained will be used for that purpose ''. 

The representative from Chase stated in the previous complaint against Chase : " We reviewed your online profile and confirmed that your account was set up for paperless statements. When you are enrolling in paperless statement, you will receive an email notification that your statement is ready and to sign in on your account to view your statement. The email notification you mentioned on your complaint is not your statement with the due date. This is only a courtesy notification that your account was at least approximately 19 days past due after the statement cut off time or closing date. The notification also advise you that payments received after your past-due date will be charged a late fee and late payments can be reported to credit bureaus. It is up to the customer to confirm their due date with their statements, contract, or by contacting our customer service team at XXXX to discuss their account. This email notification does not replace your monthly statement or due date. The monthly statements are a courtesy and your contract outlines the terms when the payments are due. '' According to the information on the Consumer Financial Protection Bureau the following information is applicable regarding the procedures for 12 CFR Part 1006 ( Regulation F ) : 6 ( d ) ( 4 ) Procedures for email addresses. 
6 ( d ) ( 4 ) ( i ) Procedures based on communication between the consumer and the debt collector. 

Paragraph 6 ( d ) ( 4 ) ( i ) ( B ). 
1. Prior consentin general. Section 1006.6 ( d ) ( 4 ) ( i ) ( B ) provides that, for purposes of 1006.6 ( d ) ( 3 ) ( i ), a debt collector may send an email to an email address if, among other things, the debt collector has received directly from the consumer prior consent to use the email address to communicate with the consumer about the debt. For purposes of 1006.6 ( d ) ( 4 ) ( i ) ( B ), a consumer may provide consent directly to a debt collector through any medium of communication, such as in writing, electronically, or orally. 

2. Prior consentconsumer-provided email address. If a consumer provides an email address to a debt collector ( including on the debt collectors website or online portal ), the debt collector may treat the consumer as having consented directly to the debt collectors use of the email address to communicate with the consumer about the debt for purposes of 1006.6 ( d ) ( 4 ) ( i ) ( B ) if the debt collector discloses clearly and conspicuously that the debt collector may use the email address to communicate with the consumer about the debt. 

According to the representative from Chase, the email sent to the consumer regarding the information on the debt does not have to be accurate and it is the consumer 's responsibility to check their statement to make sure that the customer is aware of what is owed and when it is owed. Additionally, the representative from Chase admitted that the information on the email " is only a 'courtesy notification ' that your account was at least approximately 19 days past due after the statement cut off time or closing date. '' The representative provided false and misleading information as the email notification does not say that it is a courtesy notification, nor does it state that the account is at least, approximately _____ of days past due after the statement cut off time or closing date. 

The additional verbiage is not present in the email notification that the representative from Chase lied and said was present. 

The email does state : " Make a payment today and keep your account current. 
View online Chase Auto Account Ending : XXXX Chase Logo Your payment is past due we can help get you back on track We understand things happen you can bring your account current by paying the total due. 

You may have already been charged a late fee You'll pay additional interest on the outstanding principal balance until you bring your account current Make a payment Your payment is at least 19 days past due. 
XXXX progress bar Take a look at the resources below to help keep your account on track Late payments can affect your account Past Due ' Payments received after the due date may be charged a late fee and result in additional interest. 

" Credit Reporting ' Late payments can be reported to credit bureaus as past due if received 30 or more days after the due date. 

Three ways to pay, today Online XXXX By phone XXXX By mail Learn more This is an attempt to collect a debt and any information obtained will be used for that purpose. 

If you can't pay the total due, please contact us at XXXX to discuss other possible options. '' Additionally, the Chase Representative said that the timeframe listed in the email to the consumer regarding the account being past due is based on the days the account is past due after the statement cut of time or closing date. 

This information is inaccurate as the Statement Date on the XX/XX/year> statement was XX/XX/year>. This was the date that the statement was issued into the Chase portal, not provided to the consumer via email. 

The email sent to the consumer on XX/XX/year> stating that the account was 19 days past due was NOT based on the closing statement date of the consumer statement. From XX/XX/year> to XX/XX/year> is 14 days exactly not 19 days as the misleading email states. In order for the consumer 's account to be 19 days on the XXXX of XXXX, the closing state on the consumer 's statement would have to be XX/XX/year>. To date, Chase has yet to take accountability for the account information that it has sent to the consumer which is based on wrong account information. 


2. Prior consentconsumer-provided email address. If a consumer provides an email address to a debt collector ( including on the debt collectors website or online portal ), the debt collector may treat the consumer as having consented directly to the debt collectors use of the email address to communicate with the consumer about the debt for purposes of 1006.6 ( d ) ( 4 ) ( i ) ( B ) if the debt collector discloses clearly and conspicuously that the debt collector may use the email address to communicate with the consumer about the debt. 

The Chase representative stated that I signed up for paperless statements : " We reviewed your online profile and confirmed that your account was set up for paperless statements. When you are enrolling in paperless statement, you will receive an email notification that your statement is ready and to sign in on your account to view your statement. '' The consumer signed up for electronic communication regarding the debt owed and the account maintenance. All communication, including paperless statements, documents related to the account, emails and the like are consented to be received through the paperless statement option. 

Chase provides wrong, false and misleading information via email about the status or information on the accounts of it's consumers and takes absolutely no accountability for such actions. 

If the information sent via email from the Bank is inaccurate, the Bank should make provisions to ensure that the settings are adjusted that determine the communication as consumers depend on the communication from their Lender to be accurate. The representative from Chase alluded to the fact that the emails are a courtesy, and the statements are a courtesy. It is the customer 's job to log into the portal and verify the information that is sent to a customer via email when simply reviewing the email is more convenient for the customer. If the email information coming from the Lender must be verified further it means that the Lender is not sending truthful, accurate information to begin with. There should be no disparity between the account information sent via email and the statement information sent the same date. 

Attached is another document from Chase dated XX/XX/year>, advising that the account is due with a green measurement bar. The payment was not considered to be 'late ' on that date, which was XX/XX/year>, as there was also no initial disclosure at the bottom of the email stating that this was an attempt to collect a debt. This information is conflicting and confusing as it gives an impression to the consumer that the account is still in good standing when fact it was already late. 

Due to the conflict in the systems within Chase and the conflict of information that it sends to its consumers, I misinterpreted when my payment was due which resulted in a 30-day late payment being assessed against my account because I miscalculated how far my payment was behind which was all based-on communication that came from Chase. 

Chase needs to pay hefty penalties, and a class action suit needs to be initiated by the CFPB which levies fines against Chase for distribution of wrong account information to it's consumers ; wrong account information that in fact is costing consumers credit reports and financial life to be negative affected as a result of it.