Consumer complaint received 2023-01-11
Company: NAVY FEDERAL CREDIT UNION
State: GA
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:
XXXX XXXX, XXXX XXXX, a consumer citizen of XXXX sent a letter on XXXX XXXX, via certified mail with request of validation of debts. The letter was received by NAVY FCU on XX/XX/XXXX. As it pertains to my consumer report, upon information and belief the company is attempting to collect an alleged debt pursuant to 15 USC 1692a ( 5 ). With respect to Account # XXXX, there is no debt owed. This is not a refusal with regard to payment of an alleged debt, but a request that the above claim is disputed and validation is requested ( FDCPA 15 USC 1692g Sec 809b ) in the following order : Full validation such as, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies and overall compliance with all FCRA and FDCPA by laws as instructed by federal law. It is upsetting to know such companies do not follow rules and laws. More importantly, companies such as the pursuant above should be held accountable for their actions. According to the FCRA a corporation is required to respond and complete and investigate within 30 days. As of XXXX, I still have not received anything pertaining to a complete investigation. Based upon evidence available to me, there is no debt owed. These laws are to make sure that there is a level of fairness to protect American consumers from nefarious, abusive reporting procedures on credit consumer reports, as well as illegal and deceptive collection practices. Also, I am Federally Protected Consumer and I have strong reason to believe I have been discriminated against by NAVY FEDERAL CREDIT UNION Account # XXXX in XXXX, they NEVER SENT ME in all those years a Pre Adverse Notices, or NEVER SENT ME a Adverse Action Notices. I have strong reason to believe they have discriminated against me under the Equal Credit Opportunity Act ( ECOA ). NAVY FEDERAL CREDIT UNION never informed me of my rights. NAVY FEDERAL CREDIT UNION has the obligation to correct action. ECOA protections extend through the life of loan. This comes about after a consumer sued NAVY FEDERAL CREDIT UNION for closing his credit card account without providing an explanation ( as required under the ECOA ). The CFPB had filed a friend of the court brief in that case, stating that the ECOAs crucial protections against credit discrimination do not disappear the moment that credit is extended. Rather, ECOA shields existing borrowers from discrimination in all aspects of a credit arrangement. The CFPB released Circular to reiterate creditors ' adverse action notice requirements under ECOA. I have made multiple attempts over 5 years in writing including certified mail starting in late 2018 to let NAVY FEDERAL CREDIT UNION know about the many violations and discrimination and under TILA & BILLING ERRORS 15 USC 1666 falsely furnishing negative damaging information " late payments and charge off " on these accounts. I have tried to explain multiple times over the years to NAVY FEDERAL CREDIT UNION what the FEDERAL LAWS says in FCRA 15 USC the term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. And ALL credit transactions ORIGINATE FROM ME THE CONSUMER my signature, my social security number MY INSTRUMENT " I EXTEND CREDIT '' and it is my right to operate in commerce. Does NAVY FEDERAL CREDIT UNION know OR care what happens when penalties for not complying with the ECOA happen? Well it states Lenders that violate the provisions of the ECOA face civil liability for actual and punitive damages, the latter of which is limited to non-governmental entities and can amount to up to { {$10000.00} } for an individual claim or the lesser of { {$500000.00} } or 1 % of the lender 's net worth in a class action.

Not only is NAVY FEDERAL CREDIT UNION appear to be discriminating against me and denying me extending credit they have been damaging my credit worthiness for 5 years now, there tarnishing my name by furnishing negative information " late payments and chargeoffs '' on my consumer reports as a way of coercion to pay these alleged debts which is " false misleading representation 15 USC 1692E A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation. It is UNJUST ENRICHMENT and Under 15 USC 1666B Grace period- If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. Which NAVY FEDERAL CREDIT UNION NEVER PERFORMED this 21 days in advance so why are they furnishing negative damaging information " late payments & charge offs '' on my consumer reports? I don't know maybe coercion, extortion, and wanting me to be quiet while I'm being violated and discriminated against these past 5 years but I'm not going to be silent anymore or be in fear of them.

Also there violating my privacy rights under the GRAMM-LEACH -BLILEY ACT by furnishing, spreading, around for profit my NONPUBLIC PERSONAL INFORMATION to non affiliated third parties. I never gave them my lawful or legal consent to share my information. And how can NAVY FEDERAL CREDIT UNION say '' I owe '' this alleged debt and by them assuming this role to falsely believe they have the Power & Authority to close my accounts when FEDERAL LAW clearly states 18 USC 8 The term obligation '' or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps. THE DEBT HAS ALREADY BEEN PAID BY THE UNITED STATES that's what that Federal Law is clearly stating so NAVY FEDERAL CREDIT UNION can not use the excuse " because the consumers lack of untimely payments '' as reason to of closed my accounts. I'm just trying to make it crystal clear that I have strong reason that under ECOA there is some Violations and Discrimination occurring. And there is no Law that states a '' a drop in a consumer 's credit score '' is a valid reason to deny or cancel a consumer 's extension of credit. So NAVY FEDERAL CREDIT UNION legally, or lawfully CAN NOT state that either. I'm asking the CFPB to draw on its authority to police unfair, deceptive and abusive practices to rein in lending discrimination against NAVY FEDERRAL CREDIT UNION against me.

So again Navy Federal has yet to address a dispute for a billing error that was raised in XXXX. They were sent payable instruments for the balance at the time of both accounts. Multiple instruments for each account. To date, the payments have never been applied to my credit card accounts. They have yet to acknowledge that they have received it and refuse to send it back in the case that it was not accepted. A negotiable instrument is an acceptable form of payment as there is no money since the bankruptcy of this country. Navy Federal continues to state that I owe them money for so-called outstanding bills and repayment of the money they " gave '' or loaned me. However, banks are not allowed to make loans according to 12 USC 83. The disclosures for these transactions have security interest clauses within it. A security interest can not be given to a person if the obligor has not already fulfilled their obligation. I am requesting the original wet-ink signed contract that compels me to perform in regards to this contract. A contract requires 2 signatures in order for it to be deemed valid. I have asked repeatedly for this information and this company keeps sending me a bunch of statements. In the case that Navy Federal can not provide me with the signed contract that I am requesting, they need to stop asking for repayment. 

I am requesting the return of my ANY AND ALL MONIES, down payments, as a cash down payment is a violation of TILA pursuant to 15 USC 1605 ( a ) and 15 USC 1662 ( 2 ) Please see attachment for affidavit and notice of rescission due in 20 days. Because pertinent information was withheld and neither clear nor conspicuous I blindly entered a consumer credit transaction with NAVY FEDERAL CREDIT UNION and as a result they used my credit card ( as described in 15 USC 1602 ) and was extended credit in a consumer credit sale. they are now claiming that they originated the credit I extended to them, which is false Pursuant to federal law. They have committed fraud and several violations of the FDCPA and TILA. They are now threatening me for an alleged debt that NAVY FEDERAL CREDIT UNION claims I owe. NAVY FEDERAL CREDIT UNION has taken an unfair advantage of me as a consumer and they should be held accountable for deceiving me.

To add..

NAVY FEDERAL CREDIT UNION Has committed several violations under the FDCPA, TILA, FCRA, and many more which they've violated my rights as a consumer. This is not an attempt to collect a debt. 15 U.S. Code 1692f. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : 15 U.S. Code 1692d - Harassment or abuse 15 U.S. Code 1692b. Acquisition of location information 15 U.S. Code 1692g - Validation of debts 15 U.S. Code 1692f. Unfair practices 15 U.S. Code 1692b. Acquisition of location information ( 4 ) not communicate by post card ( 5 ) no language or symbols on any envelope.

NAVY FEDERAL CREDIT UNION LLC was reporting a completely false debt which was causing a denial of the loan. I am a single mother of 7 and I have been struggling for the past 6 almost 7 years to improve life for our family and give my children a stable home just. I knew the account was not mine so I wrote my first dispute to NAVY FEDERAL CREDIT UNION LLC As early as 6 years ago up to as recent as 15 days ago stating that Im an identity theft victim and as a result I wanted to see legal verification that this debt was approved or accepted by me. My first request was completely ignored years ago, I wrote another request and I even attempted to send the FTC REPORT. AND FOR THE POLICE REPORT Turns out you can not get a report if the incident occurred more than 12 months ago. But the FTC Website says either or.. Upon my most recent attempt 10 days later I received a letter from them stating that they found the account to be accurate. How is this possible, they had not provided legal proof or proof of identity? I re-stated several laws violated and to date they had still not provided proof per FCRA & FDCPA requirements in the event of identity theft, again stating that they were reporting accurate information and that they do not need to supply the requested information only that they have my name and address correct. How is this possible that someone can just say they have your name and address correct and you owe them a debt without no contract or legal proof whatsoever. How do they even know they have the right person???

Its very disheartening to know that even though IN XXXX WE TRUST!! We still have entities that solicit and have employees working for them that continually break the law.. this places the livelihood and well being of many at risk .. physically, mentally and emotionally. 
My children are being bullied in school because I cant afford to clothe them properly, I cant afford to cloth them properly because of the derogatory info NAVY FEDERAL HAS IMPOSED UP MY CONSUMER REPORT WITHOUT MY WRITTEN CONSENT OR PERMISSION.. we are being looked upon as lower class every day simply because NAVY FEDERAL DISCRIMINATION AGAINST ME. ABSOLUTELY NOTHING ABOUT THEIR CONTACT WAS CLEAR MOR CONSPICUOUS.. I WAS NOT GIVEN THE OPTION TO OPT OUT AT ANY TIME I have a credit score of XXXX YET IM UNABLE TO OBTAIN OR USE MY CREDIT CARD ANYWHERE .. Im unable to GROW AT MY JOB AND GAIN A BETTER POSITION.. ONE I AM OVERQUALIFIED FOR MAY I ADD.. Simply because of NAVY FCUs horrendous practices to defame my character.

The following account does not belong to me and is a result of fraud that I did not authorize : NAVY FCU- not my account, never done business with this company. Please block and remove all information resulting from Identity Theft pursuant to FCRA 605B ( 15 U.S.C. & 1681 c-2 ) which states that this account must be removed within 4 Business Days of receipt. 

XXXX XXXX XXXX Again XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX PA XXXX XX/XX/XXXX XXXX 15 USC 1681 ( a ) ( 1 ) ( 2 ) ( 3 ) ( 4 ) ( b ), 15 USC 1681b ( a ) ( c ) ( 2 ), 15 USC 1681q, 15 USC 1681n ( a ) ( 1 ) ( A ), XXXX USC 6821 ( a ) ( XXXX XX/XX/XXXX To Whom It May Concern : My name is XXXX XXXX and this complaint is not made in error neither is it being made by a third party.I declare under penalty of perjury ( under the laws of the United States , if executed outside of the United States ) that the foregoing is true and correct to the best of my knowledge. Further, I certify that I am permitted by FEDERAL and STATE LAW to file this dispute. I also understand that knowing and willful misstatements or omissions of material facts constitutes a FEDERAL CRIMINAL VIOLATION punishable under 18 U.S.C. 1001. Additionally, these misstatements are punishable as perjury under 18 U.S.C. 1621. The items found within my credit report that I listed on the following pages are not related to any transaction that I made. I am alleging that a person or company- without my authorization- used my personal identifying information to apply for goods, services, or money ; and, was successful in creating some accounts. All is being investigated by the FTC. Be advised this is an identification theft notice I am requesting fraudulent accounts on my consumer report removed under Federal law and I have sent this notification to all of the creditors and consumer reporting agencies and have sent multiple documents supporting my claims Under the Fair Debt collection Practices Act ( FDCPA ), I have the right to request validation This is NOT a request for " verification '' or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to the fore said items that you are reporting to my consumer reports At this time I will also inform vou that if your offices have or continue to report invalidated information this includes XXXX, XXXX AND XXXX this action might constitute fraud under both federal and state laws. 15 U.S. Code 1681c-2 - Block of information resulting from identity theft Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you for the following : Violation of the Fair Debt Collection Practices Act and Defamation of Character. 15 U.S. Code 1681n - Civil liability for willful noncompliance I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. 



If your offices can provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all reporting activity must cease and desist. 15 U.S.C 1692c Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent authority, Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit. This is violation 15 USC S 1681b Permissible purpose of consumer reports ( a ) IN GENERAL, Subject to subsection ( c ) any consumer reporting agency may furish a consumer report under the following circumstances and no other. ( 2 ) In accordance with the written instructions of the consumer to whom it relates. As a consumer, I am demanding a deletion of the following account 's This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your agency fails to respond to this validation request within 30 days from the date of your receipt, ( Which has long past.. most recent was 2 wks ago ) all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. It would be advisable that your records are in order before I am forced to take legal action. Please be advised XXXX, XXXX AND XXXX. You need to remove all fraudulent inquiries from my consumer report. I've given the dates and the times of every inquiry that is on my consumer report. You shall remove the inquiries that are fraudulent on my consumer reports your credit reporting agency, and you shall do due diligence in the investigation of such fraudulent activities. The violations here I require compensation, for this has caused me grave harm purchased with that identifying number is an obligation of the United States in accordance with 18 U.S.C 8 and being that you XXXX, XXXX AND XXXX is attempting to collect a debt from I, the consumer makes you guilty and in violation of the False Claims Act ( FCA ) 31 U.S.C 3729-3733. XXXX, XXXX AND XXXX is also in violation of 18 U.S.C 894 for using my consumer report with extortionate means as a way to coerce and swindle me into making payments on alleged debt not owed. I DID NOT AND DO NOT CONSENT to you XXXX, XXXX AND XXXX furnishing this information to my consumer report. I did not give you authorization or permission to have my personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 1028A. This is a notice to CEASE and DESIST of all illegal activities, including reporting which constitutes collection activities. This is also a NOTICE exercising my rights to prevent the processing of my personal data Failure to remove account in 4 days from my consumer report as requested will result in legal matters being taken and me turning you. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose. During this time collection activity must cease and desist. No reporting any information regarding said debts as related to the CRAS. 

If any adverse action that is taken during this validation period that negatively impacts my Credit Report, including any potentially inaccurate information, I will instruct my legal consul to take relevant action against the guilty parties. You must immediately remove the collections you fraudulently placed on my credit reports until the such a time as the debt is proven valid. If I personally dont receive any response from you for VALIDATION of this account within 4 days, all references and claims to this account must be deleted from your files. 


XXXX, I did not give you authorization or permission to have my personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 1028A. This is a notice to CEASE and DESIST of all illegal activities, including reporting which constitutes collection activities. This is also a NOTICE exercising my rights to prevent the processing of my personal data Failure to remove account in 4 days from my consumer report as requested will result in legal matters being taken and me turning you. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by XXXX. It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose. During this time collection activity must cease and desist. If any adverse action that is taken during this validation period that negatively impacts my Credit Report, including any potentially inaccurate information, I will instruct my legal consul to take relevant action against the guilty parties. You must immediately remove the collections you fraudulently placed on my credit reports until the such a time as the debt is proven valid. If I personally dont receive any response from you for VALIDATION of this account within 4 days, all references and claims to this account must be deleted from your files. To Whom It May Concern : In accordance with the fair credit act XXXX has violated my rights. 
The late payment reporting NAVY FCU. Account # XXXX XXXX XXXX - Charge Off Closed ( Along with the other aground listed below ) is inaccurate. I never made late payments. During covid a lot of peoples info was mixed up .It needs to be deleted.also has violated my rights. During XXXX the data breach has my info exposed. I filed FTC XXXX report. 

These inquiries need to be deleted. Law 15 U.S.C. 1681 602 A states I have a right to privacy.15 USC 1681 604 A SECTION 2 : also states a consumer reporting agency can not furnish a account without my written instructions 15 U.S.C 1681 1666B :

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