Product: Debt collection

CFPB COMPLAINT NOW COMES the Complainant, XXXX XXXX, a natural man, XXXX XXXX, reserving all rights without prejudice, and not waiving any constitutional, statutory, or procedural rights, and hereby files this Consumer Financial Protection Bureau ( CFPB ) complaint against Respondents Elan Financial Services D.B.A. U.S. Bancorp ( hereinafter Respondents ), and states as follows : JURISDICTION AND VENUE This complaint arises under the jurisdiction of the Consumer Financial Protection Bureau ( CFPB ) pursuant to violations of the Fair Credit Reporting Act ( FCRA ), Federal Debt Collection Practices Act ( FDCPA ), Truth in Lending Act ( TILA ), and Uniform Commercial Code ( UCC ). 

Venue is appropriate as Respondents conduct business nationwide, including in XXXX XXXX, where the events leading to this complaint occurred. 

FACTUAL BACKGROUND Complainant submitted a Durable Power of Attorney ( DPOA ) to Respondents, establishing authority to act on behalf of the Principal, XXXX XXXX. 

Respondents ignored the DPOA, failing to recognize the lawful authority granted therein, and continued unauthorized and illegal activities against the Principals account. 

Respondents unlawfully reported false and misleading information to third-party consumer reporting agencies, specifically XXXX ( XXXX ), XXXX ( XXXX ), and XXXX ( XXXX ), by falsely reflecting the account as Charged Off, while denying such status in correspondence. 

Respondents unlawfully securitized the Principals promissory note without proper disclosure, unjustly enriching themselves and breaching their fiduciary duty. 

Despite multiple legal notices, Respondents failed to provide a full accounting as required by Generally Accepted Accounting Principles ( GAAP ), including documentation of consideration or funds provided to the Principal. 

Respondents engaged in deceptive practices by misrepresenting their role as creditors when no valid contract exists, and violated federal and state laws through continued false reporting. 

Respondents have committed defamation of character by misreporting the account status, causing irreparable harm to the Principals financial reputation and personal credibility. 

Respondents actions have caused irreparable harm, including financial hardship, emotional distress, and reputational damage to the Complainant and Principal. 

TABLE OF AUTHORITIES Statutes : Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq. 

Federal Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq. 

Truth in Lending Act ( TILA ), 15 U.S.C. 1601 et seq. 

Uniform Commercial Code ( UCC ), Articles 3 and 9 28 U.S.C. 1331 ( Federal Question Jurisdiction ) 28 U.S.C. 1391 ( Venue ) Case Law : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) Establishing liability under the FCRA for willful violations. 

XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) Addressing standing under the FCRA for reporting inaccurate information. 

XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) Expanding the FDCPA to include attorneys engaging in debt collection. 

XXXXXXXX XXXX XXXXXXXX XXXX XXXX, XXXX XXXX XXXX. XXXX ( XXXX XXXX XXXXXXXX ) Addressing deceptive practices under the FDCPA. 

XXXX XXXX XXXX XXXX XXXX XXXXXXXX, XXXX XXXX XXXX ( XXXX ) Highlighting jurisdiction for federal statutory claims. 

CAUSES OF ACTION COUNT I VIOLATION OF THE FAIR CREDIT REPORTING ACT ( FCRA ) Respondents reported false and misleading information to XXXX, XXXX, and XXXX in violation of 15 U.S.C. 1681s-2 ( a ). 

Respondents actions have caused harm to the Principals creditworthiness and reputation. 

COUNT II VIOLATION OF THE FDCPA Respondents engaged in deceptive practices by misrepresenting the status of the debt and failing to provide truthful documentation, in violation of 15 U.S.C. 1692e. 

COUNT III UNJUST ENRICHMENT Respondents unlawfully benefited from the securitization and monetization of the Principals note without compensating the Principal, constituting unjust enrichment. 

COUNT IV FRAUD AND BREACH OF CONTRACT Respondents engaged in fraudulent practices by providing false information and failing to disclose material terms, thus breaching any implied or express contract and rendering it null and void. 

COUNT V DEFAMATION OF CHARACTER Respondents published false and defamatory statements to XXXX, XXXX, and XXXX by misreporting the account as Charged Off. 

These false statements have caused financial and reputational harm to the Principal.