Consumer complaint received 2023-03-07
Company: LendingPoint Holdings LLC
State: MI
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
I am writing in response to the recent letter I received from LendingPoint LLC regarding my complaint [ # XXXX ] regarding my personal loan repayment. In their response, LendingPoint claims that my payments have been accurately reported and that my account is currently active and in good standing. 
However, I wish to dispute this claim and provide additional information to support my complaint. Firstly, LendingPoint has failed to provide validation of debt upon my request, which is a clear violation of the FDCPA 809 ( b ). I have requested validation of debt twice via certified mail, and I have yet to receive a response from LendingPoint. 
Furthermore, LendingPoint has also violated the FCRA 1681s-2 by failing to provide accurate and complete information to credit reporting agencies. I have reviewed my credit report and have noticed several discrepancies that negatively impact my credit score, all of which were caused by LendingPoint 's inaccurate reporting.

In addition to these violations, LendingPoint has also engaged in unfair, deceptive, or abusive acts or practices, which is a violation of the CFPA 1036 ( a ) ( 1 ) ( B ). They have used false or misleading representations in connection with the collection of a debt, and they have failed to adequately protect my personal information, which is a violation of the Identity Theft and Assumption Deterrence Act of 1998 ( 18 U.S. Code 1028 ). 
Finally, I would like to emphasize that LendingPoint has engaged in harassment and abuse by leaving over 25 voicemails on my phone regarding the date, time, and reason for their calls, all of which were unnecessary and unwarranted. This is a clear violation of the USC 1692d.

USC 1692c - Communication in connection with debt collection This section of the Fair Debt Collection Practices Act ( FDCPA ) prohibits debt collectors from communicating with consumers in certain ways, including at unusual or inconvenient times or places, or at times known to be inconvenient to the consumer. If you have documented evidence of debt collectors repeatedly calling you at inconvenient times or leaving harassing voicemails, this may be a violation of this section of the FDCPA.

USC 1692d - Harassment or abuse This section of the FDCPA prohibits debt collectors from engaging in conduct that is intended to harass, oppress, or abuse the consumer. If you have received numerous voicemails from debt collectors, and the messages are threatening, abusive, or harassing in any way, this may be a violation of this section of the FDCPA.

USC 1692e - False or misleading representations This section of the FDCPA prohibits debt collectors from using false, deceptive, or misleading representations in connection with the collection of a debt. If the voicemails you have received contain false or misleading information, this may be a violation of this section of the FDCPA.

FCRA 1681s-2 - Duties of furnishers of information to consumer reporting agencies This section of the Fair Credit Reporting Act ( FCRA ) requires that companies that furnish information to consumer reporting agencies ( such as credit bureaus ) ensure that the information they provide is accurate and complete. If the debt collectors are reporting inaccurate information about your debt or payment history to the credit bureaus, this may be a violation of this section of the FCRA.

Privacy Act of 1974 ( 5 U.S.C. 522a ) This federal law sets out rules for how government agencies must handle and protect personal information. While this law may not apply directly to debt collectors, it is possible that it could be used to support a claim that the debt collectors ' handling of
your personal information is not in compliance with best practices.

Gramm-Leach-Bliley Act ( 15 USC 1681, 15 USC 6801-6809 ) This federal law requires financial institutions to take steps to protect the privacy and security of consumers ' personal financial information. While this law is primarily aimed at banks and other financial institutions, it may also apply to debt collectors that handle personal financial information.

Code of Federal Regulations ( CFR 313.1-313.7, 16 CFR 433.2-433.3 ) These federal regulations set out rules for how debt collectors must handle and protect personal information. They require debt collectors to take reasonable steps to safeguard the confidentiality and security of consumers ' personal information.

Identity Theft and Assumption Deterrence Act of 1998 ( 18 U.S. Code 1028 ) This federal law makes it a crime to use another person 's personal information without their permission. While this law may not apply directly to debt collectors, it is possible that it could be used to support a claim that the debt collectors ' handling of your personal information puts you at risk for identity theft. 
In light of these violations and breaches of federal laws, I request that the CFPB investigate this matter thoroughly and take appropriate action against LendingPoint to ensure that their practices are brought into compliance with federal regulations. 
As a reminder, in my original complaint, I outlined numerous violations committed by LendingPoint and XXXX XXXX including violations of the Fair Credit Reporting Act ( FCRA ) 1681s-2, the Fair Debt Collection Practices Act ( FDCPA ) 809 ( b ), 807 ( 8 ), 1692e, 1692f, 1692d, 1692c, 1692b, and 1692a, as well as CFPA 1036 ( a ) ( 1 ) ( B ). In addition to these violations, I would like to bring your attention to another federal law that has been violated in this case, namely the Gramm-Leach-Bliley Act ( GLBA ) 6802.

The GLBA requires financial institutions to ensure the security and confidentiality of their customers ' nonpublic personal information. However, LendingPoint and XXXX XXXX have failed to adequately protect my personal information, which is a violation of the GLBA 6802. Specifically, I have received over 25 voicemails from LendingPoint regarding the date, time, and reason for their calls, which also provide their extension. This information is considered nonpublic personal information under the GLBA, and its disclosure without my consent is a violation of the Act.

Furthermore, I have sent two certified letters to your offices, one of which was for validation of the debt as allowed under the FDCPA 809 ( b ), but to date, I have not received a response. This failure to respond is a violation of the FDCPA 807 ( 8 ), which prohibits the use of false or misleading representations in connection with the collection of a debt.

In conclusion, I would like to reiterate my request for LendingPoint and XXXX XXXX  to provide accurate and complete information to the credit reporting agencies, as required under FCRA 1681s-2, and to cease all harassing and abusive communications with me, as prohibited under FDCPA 1692d and 1692c. I also demand that my nonpublic personal information be protected in accordance with GLBA 6802.

Company response to consumer: Closed with explanation