Consumer complaint received 2021-08-23
Company: SYNCHRONY FINANCIAL
State: KS
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
On XX/XX/XXXX I received a letter from PayPal Credit c/o Synchrony Bank alleging that I owed money to them. I returned a letter to them on XX/XX/XXXX stating that it was not my account and asking for a copy of the lending agreement bearing my signature, a copy of a XXXX, or something bearing an IP address associated with a machine under my control. I advised them that if they could not provide proof of the debt or a statement of charges and where the purchases were mailed, they were not to contact me further under the FDCPA. ( Pub. L. 95-109 ; 91 Stat. 874, codified as 1692-1692p ( 1977 ) and as amended by Public Law 111-203, title X, 124 Stat. 2092 ( 2010 ) specifically under subsections 8056, communication in connection with debt collection, 806, harassment or abuse, 807, false or misleading representations, and 809, validation of debts and any other action or remedy expressed within the Fair Debt Collection Practices Act ) On XX/XX/XXXX, I again received a letter from them stating that I had opened an account on XX/XX/XXXX, and stated they would honor my request to cease collection efforts. They did not provide any copies of the statement, only a summary saying that there was a balance of {$4400.00}, but no evidence as to what was purchased, where it was sent, or who ordered it. I responded XX/XX/XXXX reiterating that it was not my account, and that they had failed to provide proof that I was the individual responsible for opening the account. I again requested a signed agreement, a copy of a XXXX, or anything bearing an IP proving that it originated from a machine in my control. I once more stated that if they could not provide the requested information, to cease collection as per FDCPA citing SS 805, 806, 807, 809. 

On XX/XX/XXXX I received a statement stating that I now owed {$5000.00}, again, with no evidence of what was spent, where it was spent, where it was shipped, or who ordered it. I replied on XX/XX/XXXX with an updated copy of the same letter, requesting evidence, and if none could be provided, demanding collection contact cease under the FDCPA. 

On XX/XX/XXXX I received a letter from XXXX XXXX XXXX , XXXX XXXX stating that SYNCHRONY BANK " claims '' I owe them {$5100.00} and stating I had 30 days to dispute or they would obtain judgement. This appeared to be an intimidation tactic. 

I once more sent a request for ACTUAL PROOF, and on XX/XX/XXXX received a letter from Synchrony Bank ( PayPal ) stating that " due to the retention guidelines that govern our organization, the application ( s ), sales slip ( s ), or billing statement ( s ) are no longer available. '' essentially admitting that they had no proof. 

On XX/XX/XXXX I wrote to their attorneys XXXX XXXX XXXX , XXXX XXXX that I had sent multiple letters ( I included the dates ) stating that I deny that this is my debt, that they have been unable to provide documentation or evidence of the debt, and that continued contact or negative reporting would be considered harassment and slander. 

On XX/XX/XXXX I wrote to Synchrony Bank CC XXXX XXXX XXXX , XXXX XXXX demanding a copy which showed charges made, when made, to whom made, and by whom made/where shipped. I informed them again that I deny liability. I stated that it is not my debt, and I reiterated that if they could not provide actual evidence, they are in violation of the FDCPA. 

On XX/XX/XXXX they sent me a copy of " terms and conditions '', a statement of activity ( which had only the amount PayPal claimed I owe ), and no proof whatsoever that the debt is mine, where it was acquired, what was purchased, where it was sent, or any other proof whatsoever. 

On XX/XX/XXXX, I once again sent a request for ACTUAL PROOF, and pointed out that on XX/XX/XXXX received a letter from Synchrony Bank ( PayPal ) stating that " due to the retention guidelines that govern our organization, the application ( s ), sales slip ( s ), or billing statement ( s ) are no longer available. '' essentially admitting that they had no proof. I stated that since they have no proof, they must CEASE contact and collection efforts IMMEDIATELY. 

On XX/XX/XXXX after failing repeated times to provide proof that this was my debt, they again sent a demand for payment and insisted that if I did not provide a written dispute within 15 days, they would consider the matter closed, DESPITE ME REPEATEDLY DISPUTING THE DEBT. I immediately sent ANOTHER dispute, requesting proof, or demanding they cease according to the FDCPA. 

On XX/XX/XXXX they again sent a demand for payment insisting that it WAS my debt, but still failing to provide any evidence, and again stating that I had 15 days to provide a written dispute or they would consider the matter closed. So I ONCE AGAIN provided a letter, this tie stating that they were in violation of the CCPA and the FDCPA. I let them know that I had contacted them multiple times regarding this fraudulent account, that I continue to dispute it, reminding them that they have repeatedly failed to prove the debt, and reminding them that I have repeatedly demanded they cease communication and collection effort. 

On XX/XX/XXXX after again receiving their demands in direct violation of the FDCPA due to their repeated failure to provide proof and my repeated demands that they cease contact and collection attempts, I wrote a letter telling them specifically " YOU ARE TO CEASE AND DESIST ALL METHODS OF CONTACT INCLUDING BUT NOT LIMITED TO MAIL, EMAIL, PHONE, TEXT, FAX OR ANY OTHER METHOD WHATSOEVER .... I DENY THIS DEBT. I DISPUTE ITS VALIDITY. YOU HAVE PROVIDED NO EVIDENCE ... YOU ARE IN VIOLATION OF THE FAIR CREDIT REPORTING ACT IN MULTIPLE WAYS AND MULTIPLE TIMES. '' On XX/XX/XXXX I received a certificate of service that I must appear in court on XX/XX/XXXX. No paperwork was provided, no motions, no other information. 

I have copies of all letters received, and all letters sent. They have FAILED to provide proof that this is my debt, and they have failed to follow the law as it applies to Fair Debt Collection Practices.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation