Consumer complaint received 2019-10-03
Company: Bread Financial Holdings, Inc.
State: DC
Product: Debt collection
Sub-product: I do not know
Issue: Communication tactics
Sub-issue: Used obscene, profane, or other abusive language

Complaint:
On XXXX I was called on my phone via a blocked number at XXXX while at work. Upon answering the call I was greeted by a question is this XXXXX ( asking for name of Consumer ) I said whom are you and what business do you have calling me. She stated that she was with Comenity Bank and wanted to see if I wanted to settle an alleged debt in the amount of $ 400+ dollars and asked for name again. I told her that she is first in violation of the FDCPA 15USC 1692d ( 6 ) and 15 USC 1692c ( a ) because they caused my personal telephone to ring and have communicated with a federally protected consumer via telephone without the consumers prior consent or the express permission of a court of competent jurisdiction. She continued the conversation ( further violation of 15 USC 1692d ( 6 ) ) and asked would I like to settle again. I proceeded to ask her what was her name and ID number. She lied and said she does not have an ID number and could only supply a phone number ( XXXX ) and her name, XXXX ( spelling ). She went on the threatened me to say that if I didnt pay that my personal identifying information and this alleged debt would be sent to an attorney. That statement is not only a violation of the FDCPA ( 1692d ) but is also false and misleading. To further I had to ask her was she attempting to collect and alleged debt in which she replied yes. Throughout our entire conversation she did not state that or let Consumer know that she was a debt collector attempting to collect a debt and any information obtain would be used for that purpose as this was my initial oral communication with this company which is a blatant violation of 15 USC 1692e ( 11 ). Upon me telling her that she has violated the FDCPA many times in the time span of me being on the continued call she transferred me to her supervisor, XXXX ( ID # XXXX ). Upon speaking with him he to did not give notice that he was attempting to collect a debt and violated 15 USC 1692e ( 11 ) as well. I told him of my long conversation with the previous representative and told him of the FDCPA violations also. I further asked was his company the original creditor and he stated yes. That is not only false and misleading as the previous rep stated she was a DEBT COLLECTOR, this is as well harassment as I have no fist hand knowledge of any TRANSACTION with Comenity Bank and is not in concurrence with 15 USC 1692a ( 4 ). Lastly I told the supervisor I would be submitting a complaint to the CFPB for their violations of the FDCPA and and seeking monetary relief for the mental anguish, emotional distress and harassment I have endured. 

Lastly I ask the CFBP to have Comenity Bank show proof of a TRANSACTION that would prove that the consumer owes this alleged debt. Also please have Comenity Bank answer each of the following rebutting point for point, word for word, under penalty of perjury and sworn affidavit that -They have not violated the FDCPA and trespassed and invaded the consumers legally protected interest ( privacy ). Thus liable under 15 USC 1692ka1 - Does this company have possession and utilizing the consumers Social Security TRUST ( SSN ) account number? If so without my prior authorization they are in violation of 12 CFR 1022.3h. If not then they are in in violation of the FDCPA due to harassment because they are trying to collect and alleged debt from someone without the correct identity.

Company response to consumer: Closed with non-monetary relief