Consumer complaint received 2023-01-06
Company: TD BANK US HOLDING COMPANY
State: NV
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 to you because there are several items on this account with billing errors with XXXX and their various violations with different accounts, In accordance with the fair credit reporting act this account and the credit bureau has violated my rights. 15 USC 1681 section 602 states I have the right to privacy. 15 USC 1681 section 604A section 2 it also states a consumer reporting agency can not furnish an account without my written instructions. 15 USC 1666B a creditor may not treat a payment on a credit card account under an open-end consumer credit plan as late for any purpose. 15 USC CHAPTER 41, SUBCHAPTER III ( e ) The term " investigative consumer report '' means a consumer report or portion thereof in which information on a consumer 's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumer 's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. I know that an account a written list of transactions, noting the money owed ( top part of the statement ) and money paid ( bottom part of the statement/dividend check ) : a detailed statement of mutual demands arising out of a contract or a fiduciary relationship. An account can simply list payments, losses, sales, debits, credit, and other money actions, or it may go further and show a balance or the results of comparing site transactions, like purchases and sales. The Application means in this section that it may be amended from time to time, by which this Agreement is established between the Depositor ( or following the death of the Depositor, the Beneficiary ) and the Custodian.

The statements contained therein shall be incorporated into this Agreement. Consequently, companies wanted individuals to get rid of paper statements ( go paperless ) because they were committing mail-fraud under 31 USC 3123 . Each statement that was sent to me on the front should have said, " This is a solicitation and youre obligated to contract. I am protected by the Electronic Funds Transfer Act ( EFTA ) ( 15 USC 1693 et seq. ) of 1978. I am aware that you are negotiating my account via the securities exchange 17 CFR 230.425, 17 CFR 230.141 through your Companys Trustee. A coupon is a definitive bearing interest instrument associated with a U.S. Treasury bearer security. 31 CFR 358.1 16 CFR 1026.13 & D1-3 15 47 USC In accordance with 1026.11 ( 1 ) ( 2 ) Each time a payment is received, your account is deemed to be credited immediately. This is an infraction. Each time a balance is greater than {$1.00} ( the dividend check ), the corporation is supposed to forward the funds to my account. ( 1 ) Credit the amount of the credit balance to the consumer 's account ; ( 2 ) Refund any part of the remaining credit balance within seven business days from receipt of a written request from the consumer ; Good faith effort to refund. The creditor must take positive steps to return any credit balance that has remained in the account for over 6 months.

This includes, if necessary, attempts to trace the consumer through the consumer 's last known address or telephone number, or both. Paragraph 11 ( a ) ( 3 ). Your company is also in violation with the following rules : Soliciting material pursuant to Rule 14a-12 under the Exchange Act ( 17 CFR 240.14a-12 ) Violation # 9 Written communications pursuant to Rule 425 under the Securities Act ( 17 CFR 230.425 ) Pre-commencement communications pursuant to Rule 14d-2 ( b ) under the Exchange Act ( 17 CFR 240.14d-2 ( b ) ) Violation # 11 Pre-commencement communications pursuant to Rule 13e-4 ( c ) under the Exchange Act ( 17 CFR 240.13e-4 ( c ) ) Open ended consumer plan ( an account with more than 4 payments ) accounts late payment notifications is illegal. Companies may not directly or indirectly report accounts to creditors.

15 USC 1602 ( j ) Violation # 13 15 U.S. Code 1666b - Timing of payments- This means a creditor may not treat a payment on a credit card account under an open-end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statements, including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.

15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor If a creditor, within sixty days after having transmitted to an obligor a statement of the obligors account in connection with an extension of consumer credit, receives at the address disclosed under section 1637 ( b ) ( 10 ) of this title a written notice ( other than notice on a payment stub or other payment medium supplied by the creditor if the creditor so stipulates with the disclosure required under section 1637 ( a ) ( 7 ) of this title ) from the obligor in which the obligor ( 1 ) sets forth or otherwise enables the creditor to identify the name and account number ( if any ) of the obligor, ( 2 ) indicates the obligors belief that the statement contains a billing error and the amount of such billing error, and ( 3 ) sets forth the reasons for the obligors belief ( to the extent applicable ) that the statement contains a billing error, the creditor shall, unless the obligor has, after giving such written notice and before the expiration of the time limits herein specified, agreed that the statement was correct ( A ) not later than thirty days after the receipt of the notice, send a written acknowledgment thereof to the obligor, unless the action required in subparagraph ( B ) is taken within such thirty-day period, and ( B ) not later than two complete billing cycles of the creditor ( in no event later than ninety days ) after the receipt of the notice and prior to taking any action to collect the amount, or any part thereof, indicated by the obligor under paragraph ( 2 ) either ( i ) make appropriate corrections in the account of the obligor, including the crediting of any finance charges on amounts erroneously billed, and transmit to the obligor a notification of such corrections and the creditors explanation of any change in the amount indicated by the obligor under paragraph ( 2 ) and, if any such change is made and the obligor so requests, copies of documentary evidence of the obligors indebtedness ; or ( ii ) send a written explanation or clarification to the obligor, after having conducted an investigation, setting forth to the extent applicable the reasons why the creditor believes the account of the obligor was correctly shown in the statement and, upon request of the obligor, provide copies of documentary evidence of the obligors indebtedness. In the case of a billing error where the obligor alleges that the creditors billing statement reflects goods not delivered to the obligor or his designee in accordance with the agreement made at the time of the transaction, a creditor may not construe such amount to be correctly shown unless he determines that such goods were delivered, mailed, or otherwise sent to the obligor and provides the obligor with a statement of such determination.

After complying with the provisions of this subsection with respect to an alleged billing error, a creditor has no further responsibility under this section if the obligor continues to make substantially the same allegation with respect to such error. ( b ) Billing error For the purpose of this section, a billing error consists of any of the following : ( 1 ) A reflection on a statement of an extension of credit which was not made to the obligor or, if made, was not in the amount reflected on such statement. ( 2 ) A reflection on a statement of an extension of credit for which the obligor requests additional clarification including documentary evidence thereof. ( 3 ) A reflection on a statement of goods or services not accepted by the obligor or his designee or not delivered to the obligor or his designee in accordance with the agreement made at the time of a transaction. ( 4 ) The creditors failure to reflect properly on a statement a payment made by the obligor or a credit issued to the obligor. ( 5 ) A computation error or similar error of an accounting nature of the creditor on a statement. ( 6 ) Failure to transmit the statement required under section 1637 ( b ) of this title to the last address of the obligor which has been disclosed to the creditor, unless that address was furnished less than twenty days before the end of the billing cycle for which the statement is required. ( 7 ) Any other error described in regulations of the Bureau. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error For the purposes of this section, action to collect the amount, or any part thereof, indicated by an obligor under paragraph ( 2 ) does not include the sending of statements of account, which may include finance charges on amounts in dispute, to the obligor following written notice from the obligor as specified under subsection ( a ), if ( 1 ) the obligors account is not restricted or closed because of the failure of the obligor to pay the amount indicated under paragraph ( 2 ) of subsection ( a ), and ( 2 ) the creditor indicates the payment of such amount is not required pending the creditors compliance with this section. Nothing in this section shall be construed to prohibit any action by a creditor to collect any amount which has not been indicated by the obligor to contain a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error Pursuant to regulations of the Bureau, a creditor operating an open end consumer credit plan may not, prior to the sending of the written explanation or clarification required under paragraph ( B ) ( ii ), restrict or close an account with respect to which the obligor has indicated pursuant to subsection ( a ) that he believes such account to contain a billing error solely because of the obligors failure to pay the amount indicated to be in error. Nothing in this subsection shall be deemed to prohibit a creditor from applying against the credit limit on the obligors account the amount indicated to be in error. ( e ) Effect of noncompliance with requirements by creditor Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}.

Company response to consumer: Closed with non-monetary relief