Product: Debt collection

Here in this complaint, I am outlining a notation that there has been a repeated consistent offense against my peace of mind and previously what was my credit report by the following creditor and debt collectors with malicious intent and retaliation for my recent dispute and an identity theft case which is relation to a previous CFPB complaint which may you see attached what was reference to the credit bureaus, which was one of the following creditors that I had made a complaint about And no identification to my credit where my identity has been taken, and I followed the civil steps to report : XXXXXXXX XXXX XXXX XXXX XXXX XXXX and the variations of their names as mentioned in reports. 

In XX/XX/XXXX, I had made an initial report on my credit report where my identity had been stolen of which I had followed the proper channels and filed with the FTC a police report as well as the supplement letters to the credit bureaus and the affiliated formations of information to do an investigation on all of the identity taken in relation to that report. Roughly XX/XX/XXXX of XXXX I was contacted by XXXX over the investigation results of which it was assumed they were consulted by one of the credit bureaus I would like to notate at this point prior to going further into the explanation that there was at no point any written, verbal or electronic communications with XXXX bank prior to these notions I have mentioned from them and at any point that can be remembered. needless to say, I received an email from them directly about the investigation of which is attached to this complaint. They have stated that they had disregarded this investigation in the sense of stating that the debt was validated and that the collection efforts will continue. With this being in mind, this original creditor of whom I did not recognize came at me directly with this notification in the past I had actually filed another CFPB complaint in regards to the same creditor ironically, the same creditor had also sold the debt to one XXXX XXXX  of whom also reported on my credit report frivolously and falsely stating that I owed them for a collection and for an account I did not recognize which also just so happen to be around the same time frame Ive filed my previous credit report identity theft cycle from XXXX, which was still relative to all the information neither this creditor nor the debt collector XXXX XXXX notified me of any investigation between XXXX and up to this point about an investigation relative to this debt or the validity of this debt at any point and have remained and continue to maliciously report this debt on my credit report all of XXXX and XXXX. I would also like to notate from my previous CFPB complaint from XXXX that my previous identity theft report did not have a resolution for I was still dealing with the damages that accolade with my identity being stolen from the last time. Upon further findings, it was brought to my attention that not only they were maliciously reporting this debt on my credit report with all three bureaus after previous correspondence via the letters with the credit viewers directly as well as themselves that they had sold the debt three different times to three different creditors. Additionally, they had changed the name of the debt and accompaniment to the debt itself, as well as the amount associated with this account. If you can, please look over the documentation you will see that there was a Synovus bank associated with this account Ending in XXXX or the numbers that Accolate to it with the attachments upon the findings of which I have also attached to the claim that I am sending to you directly, it was showed that Synovus was bought by XXXX XXXX, roughly about XXXX of which I was never notified, though the debt was an acclamation of identity theft, with any information pertaining to myself, I still wouldve received some kind of disclosure which was never provided Verbally through mail electronically or verbally. Needless to say they had continued malicious collection practices, changing, apparently the original amount of {$120.00} to {$160.00} $ to my knowledge they rename the debt and re-acclimated fees making it look like a completely different collection. The reason why I know this is because XXXX as you can see in the attachments for the duration of their collection practices and efforts was the original creditor of such an account of whom at no point yet again After reviewing my credit reports, was there ever any direct line of credit taken out with XXXX  envy directly, and at this point it would like to be noted that XXXX is not a creditor at all. They are a debt collector for that very reason this was a form of fraud as well. By XXXX also sending these correspondences during this entire process, they also participated proactively in aggressive collection efforts after specifically being informed that there was not the time nor the place in the past to collect on a debt which ironically was not mine, but I had still informed them that it was not a convenient time due to my identity being taken around the same time frame. I was also displaced and had nowhere to go there by being XXXX, which affected my XXXX XXXX  during XXXX into XXXX despite my efforts to communicate with with the creditor, and yet the debt collectors of whom I had never agreed to any conversation or any communication or gotten into any kind of contractual obligation at any point between the opening of this account in there further, which was not of my knowledge, I still contacted them and asked them to cease and desist all communications with myself because of the inconvenience of time where I was not met with any understanding, but much more aggression as far as communications being pinged to my email address yet there was never any written notices of the validity of debt, and there was no compromise with any of these entities involved in an association with this debt. This debt had been re-sold three different times in an attempt to collect the debt for different amounts that had absolutely nothing to do with the original collection of the debt and additionally, it was already disputed as being an invalid debt as a byproduct of identity theft from a previous dispute, however, these collection efforts here recently in the month of XXXX and XXXX got aggressive, and started happening daily in an effort to deter and gaslight me into paying this fee on the debt which is not mine I have attached different sub laws from FCRA and FDCPA in relation to these violations that they have committed maliciously frivolously and with malintent. 



606. ( a ) ( b ) Disclosure of investigative consumer reports [ 15 U.S.C. 1681d ] Disclosure of fact of preparation. A person may not procure or cause to be prepared an investigative consumer report on any consumer unless ( 1 ) it is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to his character, general reputation, personal characteristics and mode of living, whichever are applicable, may be made, and such disclosure ( A ) is made in a writing mailed, or otherwise delivered, to the consumer, not later than three days after the date on which the report was first requested, and ( B ) includes a statement informing the consumer of his right to request the additional disclosures provided for under subsection ( b ) of this section and the written summary of the rights of the consumer prepared pursuant to section 609 ( c ) [ 1681g ] ; and ( 2 ) the person certifies or has certified to the consumer reporting agency that ( A ) the person has made the disclosures to the consumer required by paragraph ( XXXX ) ; and ( B ) the person will comply with subsection ( b ). 
XXXXisclosure on request of nature and scope of investigation. Any person who procures or causes to be prepared an investigative consumer report on any consumer shall, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by subsection ( a ) ( 1 ) of this section, make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed, or otherwise delivered, to the consumer not later than five days after the date on which the request for such disclosure was received from the consumer or such report was first requested, whichever is the later.

( c ) Limitation on liability upon showing of reasonable procedures for compliance with provisions. No person may be held liable for any violation of subsection ( a ) or ( b ) of this section if he shows by a preponderance of the evidence that at the time of the violation he maintained reasonable procedures to assure compliance with subsection ( a ) or ( b ) of this section.

Compliance procedures [ 15 U.S.C. 1681e ] Identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 605 [ 1681c ] and to limit the furnishing of consumer reports to the purposes listed under section 604 [ 1681b ] of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person Summary of Rights of Identity Theft Victims ( 1 ) See also 12 CFR Part 1022, XXXX XXXX XXXX general. XXXX  XXXX, in consultation with the Federal banking agencies and the XXXX XXXX XXXX XXXX, shall prepare a model summary of the rights of consumers under this title with respect to the procedures for remedying the effects of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor. 
( XXXX ) Summary of rights and contact information. Beginning 60 days after the date on which the model summary of rights is prescribed in final form by the Bureau pursuant to paragraph ( 1 ), if any consumer contacts a consumer reporting agency and expresses a belief that the consumer is a victim of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor, the consumer reporting agency shall, in addition to any other action that the agency may take, provide the consumer with a summary of rights that contains all of the information required by the Bureau under paragraph ( 1 ), and information on how to contact the Bureau to obtain more detailed information.

( e ) Information Available to Victims ( 1 ) In general. For the purpose of documenting fraudulent transactions resulting from identity theft, not later than 30 days after the date of receipt of a request from a victim in accordance with paragraph ( 3 ), and subject to verification of the identity of the victim and the claim of identity theft in accordance with paragraph ( 2 ), a business entity that has provided credit to, provided for consideration products, goods, or services to, accepted payment from, or otherwise entered into a commercial transaction for consideration with, a person who has allegedly made unauthorized use of the means of identification of the victim, shall provide a copy of application and business transaction records in the control of the business entity, whether maintained by the business entity or by another person on behalf of the business entity, evidencing any transaction alleged to be a result of identity A ) the victim ; 49 609 - 15 U.S.C. 1681g ( 2 ) ( 3 ) ( B ) ( C ) any Federal, State, or local government law enforcement agency or officer specified by the victim in such a request ; or Any law enforcement agency investigating the identity theft and authorized by the victim to take receipt of records provided under this subsection.

Verification of identity and claim. Before a business entity provides any information under paragraph ( 1 ), unless the business entity, at its discretion, otherwise has a high degree of confidence that it knows the identity of the victim making a request under paragraph ( 1 ), the victim shall provide to the business entity ( A ) as proof of positive identification of the victim, at the election of the business entity ( i ) the presentation of a government-issued identification card ; ( ii ) personally identifying information of the same type as was provided to the business entity by the unauthorized person ; or ( iii ) personally identifying information that the business entity typically requests from new applicants or for new transactions, at the time of the victims request for information, including any documentation described in clauses ( i ) and ( ii ) ; and ( B ) as proof of a claim of identity theft, at the election of the business entity ( i ) a copy of a police report evidencing the claim of the victim of identity theft ; and ( ii ) a properly completed ( I ) copy of a standardized affidavit of identity theft developed and made available by the Bureau ; or ( II ) an affidavit of fact that is acceptable to the business entity for that purpose.

Procedures. The request of a victim under paragraph ( 1 ) shall ( A ) be in writing ; ( B ) ( C ) be mailed to an address specified by the business entity, if any ; and if asked by the business entity, include relevant information about any transaction alleged to be a result of identity theft to facilitate compliance with this section including 50 609 - 15 U.S.C. 1681g ( i ) ( ii ) if known by the victim ( or if readily obtainable by the victim ), the date of the application or transaction ; and if known by the victim ( or if readily obtainable by the victim ), any other identifying information such as an account or transaction number.

2 ) Form. A consumer may specify pursuant to paragraph ( 1 ) that disclosures under section 609 [ 1681g ] shall be made 57 610 - 15 U.S.C. 1681h ( c ) ( d ) ( e ) ( A ) in person, upon the appearance of the consumer at the place of business of the consumer reporting agency where disclosures are regularly provided, during normal business hours, and on reasonable notice ; ( B ) by telephone, if the consumer has made a written request for disclosure by telephone ; ( C ) by electronic means, if available from the agency ; or ( D ) by any other reasonable means that is available from the agency.

2 ) Criteria ( A ) ( 3 ) ( 4 ) In general. In developing the guidelines required by paragraph ( 1 ) ( A ), the agencies described in paragraph ( 1 ) shall identify patterns, practices, and specific forms of activity that indicate the possible existence of identity theft.

( B ) Inactive accounts. In developing the guidelines required by paragraph ( 1 ) ( A ), the agencies described in paragraph ( 1 ) shall consider including reasonable guidelines providing that when a transaction occurs with respect to a credit or deposit account that has been inactive for more than 2 years, the creditor or financial institution shall follow reasonable policies and procedures that provide for notice to be given to a consumer in a manner reasonably designed to reduce the likelihood of identity theft with respect to such account.

Consistency with verification requirements. Guidelines established pursuant to paragraph ( 1 ) shall not be inconsistent with the policies and procedures required under section 5318 ( l ) of title 31, United States Code.

Definitions. As used in this subsection, the term creditor ( A ) means a creditor, as defined in section 702 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691a ), that regularly and in the ordinary course of business ( i ) obtains or uses consumer reports, directly or indirectly, in connection with a credit transaction ; ( ii ) furnishes information to consumer reporting agencies, as described in section 623, in connection with a credit transaction ; or 75 615 - 15 U.S.C. 1681m ( f ) ( g ) ( iii ) advances funds to or on behalf of a person, based on an obligation of the person to repay the funds or repayable from specific property pledged by or on behalf of the person ; ( B ) does not include a creditor described in subparagraph ( A ) ( iii ) that advances funds on behalf of a person for expenses incidental to a service provided by the creditor to that person ; and ( C ) includes any other type of creditor, as defined in that section 702, as the agency described in paragraph ( 1 ) having authority over that creditor may determine appropriate by rule promulgated by that agency, based on a determination that such creditor offers or maintains accounts that are subject to a reasonably foreseeable risk of identity theft.

Prohibition on Sale or Transfer of Debt Caused by Identity Theft ( 1 ) In general. No person shall sell, transfer for consideration, or place for collection a debt that such person has been notified under section 605B has resulted from identity theft.

( 2 ) Applicability. The prohibitions of this subsection shall apply to all persons collecting a debt described in paragraph ( 1 ) after the date of a notification under paragraph ( 1 ).

( 3 ) Rule of construction. Nothing in this subsection shall be construed to prohibit ( A ) the repurchase of a debt in any case in which the assignee of the debt requires such repurchase because the debt has resulted from identity theft ; ( B ) the securitization of a debt or the pledging of a portfolio of debt as collateral in connection with a borrowing ; or ( C ) the transfer of debt as a result of a merger, acquisition, purchase and assumption transaction, or transfer of substantially all of the assets of an entity.

Debt collector communications concerning identity theft. If a person acting as a debt collector ( as that term is defined in title VIII ) on behalf of a third party that is a creditor or other user of a consumer report is notified that any information relating to a debt that the person is attempting to collect may be fraudulent or may be the result of identity theft, that person shall ( 1 ) notify the third party that the information may be fraudulent or may be the result of identity theft ; and ( 2 ) upon request of the consumer to whom the debt purportedly relates, provide to the consumer all information to which the consumer would otherwise be entitled if the consumer were not a victim of identity theft, but wished to dispute the debt under provisions of law applicable to that person.

In reference to FDCPA practices to outline my claim would be following subsections of the act in relation to the creditor and the debt collection agencies involved with these practices that I am disputing today. 

Act 1692-1692p Ss 808, Unfair Practices a ) Notice of debt ; contentsWithin five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor.

807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

( 2 ) The false representation of -- ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.

( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter.

( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value.

( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization.

( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title.

15 USC 1692f 805. Communication in connection with debt collection ( a ) Communication with the consumer generallyWithout the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt -- ( 1 ) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antemeridian and before 9 o'clock postmeridian, local time at the consumer 's location ; ( 2 ) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney 's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or ( 3 ) at the consumer 's place of employment if the debt collector knows or has reason to know that the consumer 's employer prohibits the consumer from receiving such communication.

( b ) Communication with third partiesExcept as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

( c ) Ceasing communicationIf a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- ( 1 ) to advise the consumer that the debt collector 's further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

( d ) Consumer definedFor the purpose of this section, the term " consumer '' includes the consumer 's spouse, parent ( if the consumer is a minor ), guardian, executor, or administrator.

15 USC 1692d 812. Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.

( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter.

15 USC 1692k Prior to my close out of this entire explanation, as well as the subset of the laws that are reference here to justify my position as a consumer of the miss handling and violations of these entities, I would also like to notate that at no point in any of these entities, both the creditor and the debt collectors informed me of the resale of the debt communication of the debt being sold my rights as a consumer as well as other provisions that support this claim. I have been completely compliant and did everything to the best of my ability and everything that has been done up to this point in an effort to collect this debt. I am claiming under the documentation that I have provided that this was all done, maliciously and out of careful consideration for me as a consumer and in violation of the FCRA and FDCPA laws and provisions that protect me as a consumer by all of these entities As for the notation of communication at no point was there ever any written, verbal, electronic, or other means of communication to also convey that there was no melanin that occurred to me as a consumer which inherently became very taxing to my mental state and affected my stability in the sense where I had been encountering different setbacks with my credit without any careful consideration of my situation by these parties involved. Additionally, any other investigations that they may have conducted whether it was of my knowledge or not there was no validity, provided upon any of the previous investigations in relation to this where the debt was ever validated.

The following documents correspondences in the like is all furnished evidence supporting documents in the like to support my claim and anything relative to the ladder.