Consumer complaint received 2021-10-12
Company: Affirm Holdings, Inc
State: NJ
Product: Debt collection
Sub-product: I do not know
Issue: Communication tactics
Sub-issue: Frequent or repeated calls

Complaint:
XX/XX/2021 at XXXX Est I was contacted at my work place by Affirm Loan Services on behalf Of XXXX XXXX at an inconvenient time by a person attempting to collect a debt for XXXX XXXX ! Which is a violation pursuant to 15 use 1692 C ( a ) ( 1 ) which states : ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt ( 1 ) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after XXXX oclock antemeridian and before XXXX oclock postmeridian, local time at the consumers location ; There was no prior consent given to Affirm to contact me in regards of collection of a debt. 

Affirms representative also told me they had a right to tell a consumer they owed a debt and that I owed this debt. & they verified it. However I never received initial communication constituting validation of a debt pursuant nor a document saying a debt is owed. They are in violation pursuant to 15 usc 1692g regarding Validation of any debt which states : ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. 


Also, the alleged debt they're trying to collect is inaccurate & was disputed & refunded to my account however, they are still trying to collect a debt that isn't owed. They are in violation fo section 15 usc 1681-2 which states they must not report inaccurate information and correct all inaccurate information & it must be removed. The information has yet to be updated nor removed off my consumer reports. 

Under section 15 usc 1692 K which states ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or

Company response to consumer: Closed with explanation