Consumer complaint received 2023-07-04
Company: Capital Accounts, LLC
State: TX
Product: Debt collection
Sub-product: Medical debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Texas XXXX Account # XXXX XX/XX/XXXX CAPITAL ACCOUNTS XXXX XXXX XXXX XXXX, TN XXXX Notice To Agent Is Notice To Principle Notice to Principle Is Notice To Agent RE : Violations of Consumer Laws and FTC laws/guidelines To whom it may concern, BE ADVISED, this is not a refusal to pay. I dont accept or deny this debt account, and this is not a request of validation of this debt account. Im writing you to let you know that youve violated FTC laws/guidelines and my consumer rights.

According to the Gramm-Leach-and-Bliley, Also known as the Financial Services Modernization Act of XXXX, Debt collectors are Financial Institutions. Why is this important? Let me explain.

According to 15 USC 6802- Obligations with respect to disclosures of personal information, ( a ) NOTICE REQUIREMENTS Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

( b ) OPT OUT ( 1 ) IN GENERAL A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

Your company has not given me two of the three legal disclosures a Financial Institution. I never received a disclosure letting me know I direct that such information not be disclosed to my consumer report, and I never received a disclosure giving me an explanation of how to exercise this right.

That means you created an account, using my non-public social security number, on my behalf without Permissible Purpose ( my written instructions ). This also means you knowingly possessed and transferred information to my consumer report without lawful authority to do so, which constitutes as IDENTITY THEFT!

18 USC 1028A-Aggravated Identity Theft ( a ) OFFENSES.

( 1 ) IN GENERAL. Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.

( 2 ) TERRORISM OFFENSE.

Whoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.

Due to you not having Permissible Purpose to report anything to my consumer report, you are also in violation of 15 USC 1681N -Civil Liability for Willful Noncompliance . a ) IN GENERAL Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a Permissible Purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.

Due to this being matter of Identity Theft on the grounds mentioned above, I will be reporting this to the FTC. If this account is sold or reassigned, I will still hold you accountable for using, possessing and transferring my information and I will seek Damages and/or Violations of {$1000.00} per violation for : 1. NEGLIGENT ENABLEMENT OF IDENTITY THEFT 2. DEFAMATION OF CREDIT WORTHINESS 3. DEFMATION OF CREDIT CAPACITY 4. DEFMATION OF CHARACTER 5. AGGRAVATED IDENTITY THEFT per 15 USC 1028 6. VIOLATION OF 15 USC 6801- Protection of Nonpublic personal information 7. VIOLATION OF 15 USC 6802- Obligations with respect to disclosures of personal information 8. VIOLATIONS OF 15 USC 6803- Disclosure of institution privacy policy 9. DAMAGES PER FAIR CREDIT REPORTING ACT 15 USC 1681N 10. DAMAGES PER FAIR CREDIT REPORTING ACT 15 USC 1681O 11. Mental Anguish 12. VIOLATIONS OF 15 USC 1692 and ALL of its Chapters and subsections This is my final and only warning regarding this matter. I reserve the right to hold you accountable of my Consumer Rights to due you are violating them. I hope you understand the severity of this situation. 
Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation