Consumer complaint received 2023-10-17
Company: PLANET HOME LENDING, LLC
State: CA
Product: Debt collection
Sub-product: Mortgage debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
Planet Home Lending did not lend any money so money can be sue. Planet Home Lending is a servicer that holds a loan. Because Planet Home Lending receives a service fee to report the account for the depositor bank this makes it a financial gain which is why they continue to report the account inaccurately. Servicers have no rights under transfer. Planet Home Lending should also provide me with a written notice in a timely fashion opting out of my financial information being shared with non affiliates. The reporting agencies are not affiliates furthermore they also have a f financial interest in this consumer account reporting. 

servicer ( 2 ) Servicer The term servicer means the person responsible for servicing of a loan ( including the person who makes or holds a loan if such person also services the loan ). The term does not include ( A ) the Federal Deposit Insurance Corporation or the Resolution Trust Corporation, in connection with assets acquired, assigned, sold, or transferred pursuant to section 1823 ( c ) of this title or as receiver or conservator of an insured depository institution ; and ( B ) the Government National Mortgage Association, the XXXX XXXX XXXX XXXX, the XXXX XXXX XXXX XXXX XXXX, the Resolution Trust Corporation, or the Federal Deposit Insurance Corporation, in any case in which the assignment, sale, or transfer of the servicing of the mortgage loan is preceded by ( i ) termination of the contract for servicing the loan for cause ; ( ii ) commencement of proceedings for bankruptcy of the servicer ; or ( iii ) commencement of proceedings by the Federal Deposit Insurance Corporation or the Resolution Trust Corporation for conservatorship or receivership of the servicer ( or an entity by which the servicer is owned or controlled ). 

( 2 ) " Depositary bank '' means the first bank to take an item even though it is also the payor bank, unless the item is presented for immediate payment over the counter ; XXXX Reasonable opportunity to opt out. 
( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ). 

( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means. 

( 2 ) By electronic means. 

( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means. 

( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means. 

( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted. 

( 4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out. 

( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice.

Company response to consumer: Closed with explanation