Consumer complaint received 2023-06-27
Company: U.S. BANCORP
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
US Banks settlement offer- On XX/XX/XXXX, I received the 2 attached letters, dated XX/XX/XXXX, offering to unconditionally settle disputed accounts with US Bank . I have disputed the entire balances due to willful violations of the FCRA for which I have filed CFPB complaints. Despite my numerous requests in the past, I have been repeatedly denied my requests obtain true and correct binding copies of the Original Credit Card Agreement. The CFPB requires US Bank to clearly list every Credit Card Agreements in its CFPB database so consumers can simply and accurately ascertain with certainty the effective agreement. However, the database presented for US Bank does not allow consumers to determine what agreement, if any, is applicable. The headings for the listed agreements is garbage and not informative. While most agreements may be identical, I can not be assured with certainty what listed agreement covers my 2 credit card products. On XX/XX/XXXX, I called US Bank at the number provided in the letters speaking to XXXX, XXXX and finally XXXX seeking to obtain the exact terms and conditions of the settlement offers as the offers were not clear, concise and complete. At first, I again asked that US Bank provide me with an exact copy of the credit card agreements so I could be assured that there could be no disagreement of the exact terms, especially the forced, mandatory, binding Arbitration provisions which require US Bank to advance and pay 100 % of the Arbitration fees for claim disputes. XXXX refused to provide me with a copy of the credit card agreement including the Exact Arbitration provisions. More importantly, XXXX frivolously stated that she could not find the written offer insisting that I provide complete financial data to apply and see whatHardship offer could be offered but most likely less than what was in the written offer. I explained over and over again that the entire account amounts were disputed and the illegal debt collection tactics constituted a classic bait snd switch prohibited conduct. I called to inquire about the written settlement offer but XXXX said she wanted to have me enrolled in an Re-Age Program to trick me knowing that I disputed all amounts. My call was nothing more than settlement discussions about the written settlement offer AND an attempt to obtain the effective credit card agreement with arbitration provisions. My accounts were long ago disputed and remain disputed despite the willful violations for failing to list accounts as disputed with credit reporting agencies. The frivolous settlement offer was filed in BAD FAITH in willful violation of the FDCPA with no intent to permit acceptance. I asked XXXX to specifically write into her record such as customer demands Arbitration for disputed claims of the parties AND customer chooses Arbitration as the sole forum for dispute resolution so that litigation in a court is BARRED per the forced binding Arbitration provisions written by US Bank and included in the card agreement. Thus demand for Arbitration as my chosen dispute forum was stated over and over again to make it clear that dispute resolution was already effectively in Arbitration, except for the mere ministerial task controlled by US Bank to file the claim and pay the $ XXXX arbitration fees for most likely a retired judge at {$500.00} an hour. I made it clear that the cost of Arbitration with fees to a retired judge could easily reach {$50000.00} plus attorney fees of {$50000.00} with no possible court collection option. I tried to get XXXX to understand that litigation was barred and Arbitration was expensive besides my Social Security Income was exempt from garnishment. So settlement is in the best interest to the bank. XXXX merely tried to PARROT canned statements rather than understand a simple case of expensive litigation with no chance of collection. I must have demanded Arbitration and chose to Arbitrate at least 10 times. I demand complete copies of the credit card agreement with Arbitration provisions as the CFPB database on file with the CFPB is useless. In the event that US Bank, or its assigns, sue me in a state or federal court in violation of the Arbitration forum chosen and demanded, I will have no choice but to file a motion to compel private binding arbitration which will automatically stay proceedings for years until every appeal is pending. ( See attached Friday, XX/XX/XXXX, US Supreme Court decision in Coinbase , Inc. v Bielski delivered by Justice XXXX ). Litigation against me is now barred by virtue of my Arbitration forum selection choice and demand. If you file a state court lawsuit, I will certainly file a Motion to Compel Arbitration and file a federal question US District court lawsuit seeking injunctive relief and $ XXXX statutory and punitive damages, plus a petition to compel Arbitration. I do not trust US Bank so Arbitration is required and it is in the best interest to settle the disputes. I request that my disputed accounts be permanently deleted from every crefit reporting agency as you have violated not only the FCRA but the FDCPA and the bank has not complied with the complex XXXX XXXX obligations as it does not understand and can not fulfill its statutory requirements. A precondition of any settlement is the permanent deletion of all accounts from every CRA. Vague promises to report to credit agencies is worth less than your bait and switch offer. As far as reporting to the IRS, reporting is exempt as your claims are reduced and offset by statutory damages. At age XXXX, I will die or become bankrupt before you receive anything. Dont waste {$100000.00} to pursue an uncollectible disputed claim. As I explained to XXXX, you will most likely sell the claim for XXXX cents on the dollar so your settlement offer for XXXX cents was in your best interest. Your illegal and deceptive debt collection conduct must cease.

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 non-monetary relief