Consumer complaint received 2023-05-02
Company: Atlanticus Services Corporation
State: FL
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Fees or interest
Sub-issue: Problem with fees

Complaint:
Aspire has violated the Truth in Lending Act, Fair Credit Reporting Act, Fair Debt Collection Act. They have applied account maintenance fees to my account. When I discovered this, I called and requested for this fee to be removed multiple times. Each call did not resolve my issue. 

-Truth in Lending Act Disclosures documentation reads account maintenance fee {$0.00} annually ( {$0.00} per month ) after the first year ).

-I am requesting maximum civil penalty for compensation for : {$5000.00} Violations of the Truth in Lending Act -I am requesting maximum civil penalty for compensation for : {$1000.00} Violations of the Fair Debt Collections Act -I am requesting maximum civil penalty for compensation for : {$1000.00} Violations of the Fair Credit Reporting Act.

When I signed the contract with Aspired Credit Card, there was to be NO account maintenance fees and no annual fees. This was outlined in writing from the Truth in Lending Act Disclosures documentation that my original issued card was attached to. The document reads account maintenance fee {$0.00} annually ( {$0.00} per month ) after the first year ). This is why I chose the Aspire credit card. For the XXXX XXXX  billing cycle, I received a bill that had a fee applied to my account. At the time this fee was applied there was no money/balance due on the card.

My account is set up for mail communications/mail billing/mail any and all notices. I DO NOT HAVE PAPERLESS BILLING. I never received any written notice in the mail about proposed changes to my account and that these changes would have a time compliance to them. I was informed during a phone call to aspire that this notice was to my email address on file over 45 days prier to my bill. That aspire automatically enrolled me into a monthly fees and that the time has expired for response to the email notice, to stay monthly fee free. To my knowledge I never received any email from Aspire. I only received an email from them when I requested to send it to me in XXXX XXXX the billing cycle that has the Monthly maintenance fee applied to my account.

Aspire Violations : 1 Truth in Lending Act- Section 1026.9 : creditors are required to provide 45 day advance written notice to rate and significant changes this includes fees. My written form of communication with Aspire is by MAIL, my monthly bill/account statement is received through the united states postal service. This shows that Aspire has acknowledge the form of communication by mailing my month statement to me. I am not paperless billing.

Aspire Violations : 2 Truth in Lending Act- Section 1026.9 : creditors must provide consumer the right to reject the change. This was stripped from me when Aspire failed to give me written notice through normal form of communications of mail through united stated postal service.

Aspire Violation : 3 Truth in Lending Act- Section 1026.16 : deceptive or misleading advertising pratice, that a rate or payment is FIXED when in fact it can change. Aspire original documentation states account maintenance fee {$0.00} annually ( {$0.00} per month ) after the first year ). Under account maintenance fee there is no statement about this fee can change.

Aspire Violation : 4 Fair Debt Collections Act- 15 usc 1692e 807 ( 9 ) - use or distribution of any written communication which simulates or is falsely represented, which creates a false impression as to its authorization or approval. With Aspire not using normal communication by mail, has created a false impression that a notice was sent to me and that I elected not to respond. 

Aspire Violation : 5 Fair Debt Collections Act- 15 usc 1692e 807 ( 13 ) - false representation or implication that documents are legal process. Aspire chose to not communicate by normal means which is MAIL from the United States Postal Service. They allegedly sent an email, they could not state if it went to spam/junk folder for my email. Spam and junk folder empty daily automatically.

Aspire Violation : 5 Fair Debt Collections Act- 15 usc 1692f 808 ( 1 ) collection of any amount including and interest, FEE, charge, expense incidental to the principal obligation unless such amount is expressly authorized by the agreement creating the debt. I never agreed to any new terms a condition/ enter into a new contract agreement with Aspire. At the time a fee was applied I had a {$0.00} balance on my account. Aspire has collected fees that is not part of the principal obligation.

Aspire Violation : 5 Fair Credit Reporting Act- 15 usc 1681a ( 5 ) ( A ) ( i ) consents in writing to the nature and scope of communication. Aspire through billing monthly statements has confermended the lack of communication for the fee implantation through email.

Aspire Violation : 6 Fair Credit Report Act- 15 usc 1681a ( k ) ( iii ) an increase in any charge unfavorable change in terms. Aspire through false practices has implemented changes to my account.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation