Consumer complaint received 2021-12-05
Company: FIFTH THIRD FINANCIAL CORPORATION
State: TX
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
I XXXX XXXX XXXX the natural living person federal protected consumer pursuant to Fair Credit Reporting Act ( FCRA ) 15 USC 1692a ( 3 ). Fifth Third Bank has violated my consumer rights pursuant to Fair Debt Collections Practices Act ( FDCPA ) 15 USC 1692d A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. ( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

( 4 ) The advertisement for sale of any debt to coerce payment of the debt. Shown in Exhibit A. Fifth Third Bank has violated my consumer rights pursuant to Fair Debt Collections Practices Act ( FDCPA ) 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 of this section : ( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. Fifth Third Bank has violated my consumer rights pursuant to Fair Debt Collections Practices Act ( FDCPA ) 15 USC 1692f 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:6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement. 
Fifth Third Bank has violated my consumer rights pursuant to Fair Debt Collections Practices Act ( FDCPA ) 15 USC 1692j ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. 
( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. 
Fifth Third Bank has violated my consumer rights pursuant to Fair Debt Collections Practices Act ( FDCPA ) 15 USC 1692k Civil liability, each violation listed above results in {$1000.00} each totaling {$20000.00} which includes personal and emotional damages. Fifth Third Bank also contacted XXXX XXXX XXXX XXXX XXXX XXXX which is a violation of my consumer rights and they trespassed on my property to take illegal process of my XXXX XXXX XXXX XXXX XXXX XXXX  : XXXX. XXXX XXXX XXXX XXXX XXXX XXXX doesn't have a surety bond to collect debt in the state of Texas Pursuant to XXXX XXXX XXXX TITLE 5. PROTECTION OF CONSUMERS OF FINANCIAL SERVICES CHAPTER 392. DEBT COLLECTION SUBCHAPTER A. GENERAL PROVISIONS : ( 7 ) " Third-party debt collector '' means a debt collector, as defined by 15 U.S.C. Section 1692a ( 6 ), but does not include an attorney collecting a debt as an attorney on behalf of and in the name of a client unless the attorney has non attorney employees who : ( A ) are regularly engaged to solicit debts for collection ; or ( B ) regularly make contact with debtors for the purpose of collection or adjustment of debts. XXXX XXXX XXXX XXXX XXXX. PROTECTION OF CONSUMERS OF FINANCIAL SERVICES CHAPTER XXXX. DEBT COLLECTION SUBCHAPTER XXXX XXXX XXXX : Sec. XXXX. BOND REQUIREMENT. ( a ) A third-party debt collector or credit bureau may not engage in debt collection unless the third-party debt collector or credit bureau has obtained a surety bond issued by a surety company authorized to do business in this state as prescribed by this section. A copy of the bond must be filed with the secretary of state. ( b ) The bond must be in favor of : ( XXXX ) any person who is damaged by a violation of this chapter; and ( 2 ) this state for the benefit of any person who is damaged by a violation of this chapter. ( c ) The bond must be in the amount of {$10000.00}. Sec. 392.102. CLAIM AGAINST BOND. A person who claims against a bond for a violation of this chapter may maintain an action against the third-party debt collector or credit bureau and against the surety. The aggregate liability of the surety to all persons damaged by a violation of this chapter may not exceed the amount of the bond. SUBCHAPTER D. PROHIBITED DEBT COLLECTION METHODS Sec. 392.301. THREATS OR COERCION. ( a ) In debt collection, a debt collector may not use threats, coercion, or attempts to coerce that employ any of the following practices : ( 7 ) threatening that nonpayment of a consumer debt will result in the seizure, repossession, or sale of the person 's property without proper court proceedings. Sec. 392.302. HARASSMENT ; ABUSE. In debt collection, a debt collector may not oppress, harass, or abuse a person by ( 1 ) using profane or obscene language or language intended to abuse unreasonably the hearer or reader. My family member have seen this letter that was sent to be and has damages our relationship and caused XXXX  and XXXX. Pursuant to Tex Fin Code 392.001 ( 5 ) " Debt collection '' means an action, conduct, or practice in collecting, or in soliciting for collection, consumer debts that are due or alleged to be due a creditor. ( 6 ) " Debt collector '' means a person who directly or indirectly engages in debt collection and includes a person who sells or offers to sell forms represented to be a collection system, device, or scheme intended to be used to collect consumer debts. These definition defines Fifth Third Bank as a debt collector. Pursuant to Tex Fin Code Sec. 392.403. CIVIL REMEDIES. ( a ) A person may sue for : ( 2 ) actual damages sustained as a result of a violation of this chapter. Sec. 392.404. REMEDIES UNDER OTHER LAW. ( a ) A violation of this chapter is a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code, and is actionable under that subchapter. 
( b ) This chapter does not affect or alter a remedy at law or in equity otherwise available to a debtor, creditor, governmental entity, or other legal entity.

Company response to consumer: Closed with explanation