Consumer complaint received 2023-05-12
Company: NISSAN MOTOR ACCEPTANCE COMPANY LLC
State: NC
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 XXXX XXXX XXXX  XXXX XX/XX/XXXX Infiniti Financial Services XXXX XXXX XXXX XXXX, TN XXXX NOTICE TO AGENT IS NOTICE TO PRINCIPAL AND NOTICE TO PRINCIPAL IS NOTICE TO AGENT Re : Acct # XXXX Make of car : XXXX Model : XXXX VIN # XXXX To Whom It XXXX Concern : I recently received a copy of my credit report and I noticed some account/s on my consumer report that should not be on there. I demand the below accounts be deleted from my consumer report immediately. 
List of accounts to be deleted The reporting of these account ( s ) is/are violations of 15 USC 1681a , The Fair Credit Reporting Act [ 15 USC 1681 ( a ) ( 2 ) ( B ) ] : ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; So let me explain. Under the Truth in Lending Act 15 USC 1602 ( g ), credit card is defined as the following : 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. 

This makes my social security card, drivers license/ID, and license plate credit cards that are/were used for the extension of credit. 

I am writing in regard to the above-referenced account/s and transactions. This vehicle was purchased at ( dealership name ) Date ( the date it was purchased ). 

I have recently come across inform from the Federal Trade Commission ( FTC ) more specifically the GrammLeachBliley Act 15 usc 6802 obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to a such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

( Auto dealership name ) did not disclose this information to me which is required by federal law.

( Auto dealership name ) knowingly and willfully withheld pertinent information regarding the disclosure of my information to affiliated and unaffiliated third parties.

( Auto dealership name ) knowingly and willfully withheld information that explained how I the consumer can exercise that nondisclosure option.

You are in violation of several federal laws you have 10 calendar days from the receipt of this letter to delete this account from all credit reporting agencies that you have furnished this information to along with all my Consumer reports that this information is on.

Should you decide to discriminate against me for future business and or product because I exercised my rights under this or any chapter I will be coming after you for damages and I will use the contents of this correspondence as proof of such decision.

15 USC 1691 a ( 3 ) ( a ) Activities constituting discrimination It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction ( 1 ) on the basis of race, color, religion, national origin, sex or marital status, or age ( provided the applicant has the capacity to contract ) ; ( 2 ) because all or part of the applicants income derives from any public assistance program ; or ( 3 ) because the applicant has in good faith exercised any right under this chapter. 



Best Regards XXXX XXXX XXXX  XXXX NOTICE AND DEMAND TO VALIDATE DEBT CLAIM XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XX/XX/XXXX Infiniti Financial Services XXXX XXXX Way XXXX XXXX TN XXXX REF : Your correspondence purporting to allege a debt claimed by : Infiniti Financial Services XXXX XXXX XXXX  XXXX XXXX XXXX  XXXX Alleged Account # XXXX Alleged Balance {$450000.00} This is an offer to fully pay/discharge the attached claim of debt on the condition that the claiming parties comply with this notice within 30 days of receipt of this correspondence. 

NOTICE OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASSIGNS *******SILENCE IS ACQUIESCENCE******* _____________________________________________________________________ NOTICE AND DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT Pursuant to the truth in lending laws of the United States Code , Administrative Declaratory Judgment, by Notarial Protest- and the Fair Debt Collection Practices Act laws of the United States Code 1692 et. seq.

This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt. 
This notice is my, required by law, demand to cease and desist collection activities prior to validation of the purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : The name and address of the organization or other governmental unit alleging a debt ; The name and address of the person or persons in that organization or other governmental unit alleging a claim of a debt ; The name of the actual creditor even if that is me ; The origin of the funds used to create this alleged claim of a debt The actual records of the organization or other government unit show the time and place of the deposit and distribution of the funds used to create this alleged claim of debt. 

The actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of debt. 

The actual records of the organization or other governmental unit with a live signature on any and all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by a similar name.

Be advised that verification is defined ( Blacks Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. The affidavit of the truth of the matter stated and the object of verification is to assure good faith in the averments or statements of party. 

The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States XXXX, Title 15 1601 et. seq. and Regulation Z. 

The actual records of the organization or other governmental unit showing that any and all document/instrument ( s ) containing my signature or the likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of debt and resulting in this alleged claim of debt.

The person that prepares and swears to the validation of debt must describe : 1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) how long have you been in your position ; 4 ) when did you first come in contact with the alleged account/debt ; 5 ) how frequently do you work with the files and information they are presenting to verify/validate the alleged debt ; 6 ) are you the person/employee who regularly works with the alleged account/debt ; and 7 ) do you have personal knowledge about the alleged debt and/or any alleged account.

15 U.S.C. 1692 ( e ) states that a false, deceptive, and misleading representation, in connection with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice.

Pursuant to 15 U.S.C. 1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collection Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities.

This is a constructive notice that, absent the validation of your claim within 30 days, you must cease and desist any and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each and every attempted contact, in violation of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any and all agents in his/her individual capacities, who take part in such harassment, and defamation, to liability for actual damages, as well as statutory damages of up to {$1000.00} for each and every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and/or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt.

Further, pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 1692 ( g ) ( 8 ), as you are merely an agency or another governmental unit of the United States, acting on someone elses behalf, this is a demand that you provide the name of the original principal, or holder in due course, for whom you are attempting to collect this alleged debt. 

Please take notice that this is a criminal investigation of the business practices of the above-named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your enclosed claim of collection of a purported debt appears to be founded upon a false record in violation of U.S.C. Title 18 2071 and 2073 ( falsifying records ) and further; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C. Title 18 471, 472, 473 and/or 513, and further : using corrupt business practices to make and possess false records and claim of obligation, not substantiated by truthful facts in violation of the Federal XXXX XXXX and XXXX XXXX ( RICO ), U.S.C. Title 18 1961 et. seq. and further : using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C. 1341 Frauds and Swindles laws, and further sending mail with false and fictitious names, a criminal conduct falling under Title 18 U.S.C. 1842 Fictitious Names.

TAKE NOTICE Debt Collectors failure in providing Respondent with the requisite verification, validating the above-referenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that : Debt Collector has no lawful, bona fide, verified claim, re the above-referenced alleged account : Debt Collector waives any and all claims against Respondent and Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any and all continued collection attempts, re the above-referenced alleged account.

Failure of Debt Collector to properly and legally verify/validate alleged debt as required in this notice is a self-executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any and all references to said account in any and all credit reporting agency files of any type. 

This response will constitute my effort to resolve this on-going debt claim between the parties involved. Until full disclosure is achieved, there can be no case, collection or action. No civil or criminal cause of action can arise lest, out of fraud, there be a valid, honest contract. See Eads v. Marks 249 P. 2d 257, 260. 

Done this _____Day of ______________ 2023 I declare under penalties of perjury in accordance with the laws of the United States of America ( without the United States ) Title 28 U.S.C. 1746 ( 1 ) the forgoing is true and correct and is admitted when not rebutted, so help me.

______________________________

Company response to consumer: Closed with explanation