Consumer complaint received 2021-10-14
Company: WELLS FARGO & COMPANY
State: NY
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
Regarding your concerns with your account ending in XXXX Consumer Financial Protection Bureau case numbers XXXX and XXXX Office of the Comptroller of the Currency case number XXXX XXXX XXXX XXXX case number XXXX I am rejecting this response because : Congress clearly states in 15 USC 1692c ( 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. Notice that it said any debt. A debt is defined in the beginning of the Fair Debt Collection Practices act as, 15 USC 1692a ( 5 ), The term debt means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes. Please provide proof of my prior consent that I provided to Wells Fargo to communicate with I, the consumer, as I have done no such thing. This is an alleged debt, that I refuse to pay and according to 15 USC 1692c ( c ), ceasing communication if a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer. Communication pursuant to 15 USC 1692a ( b ) means, the conveying of information regarding a debt directly or indirectly to any person through any medium You stated in your letter that the account is in cease and desist, meaning you honored it, accepting the federal laws stated. At the same time, you are breaking federal law by your following statement, Even with a cease and desist you may continue to receive monthly statements. Congress just stated in federal law that you are not allowed to communicate with the consumer, and defined communication very clearly can not convey information regarding a debt through ANY medium, as you mailing me a statement clearly violates what Congress has laid out to protect my consumer rights. That would be violation pursuant to 15 USC 1692K, up to {$1000.00} for violation. 

Regarding fraud concerns, it is clearly shown in the contract according to Truth In Lending Act, 15 USC 1605a, finance charge is the sum of all charges. Also it states, the finance charge does not include charges of a type payable in a comparable cash transaction, and as you can see on the contract, {$17.00}, XXXX were taking during this transaction in cash. This is clear fraud and violation under truth in lending. I was not given material disclosure of the amount of finance charge and how it came about. 

Also, you stated this was not a consumer credit contract but it clearly states according to federal law 16 CFR 433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices, In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 
Which is included in the contract, please tell me how this is not a consumer credit contract? Why would this statement be included in the contract you sent over? Also, it states a retail installment contract. 

I believe part of this agreement is not legal such as the cooling off period mentioned in the contract and by you XXXX of WELLS FARGO, as it is not governed by law. My right of rescission is governed by law under Truth In Lending, 15 USC 1635 ( a ) which is related to Disclosure of obligors right to rescind. Please keep in mind 16 CFR 429.1 ( f ) misrepresent in any manner the buyers right to cancel which you are admitting to doing by mentioning cooling off period which is unlawful. 

You stated you have validated that a contract between I, the consumer, and XXXX was signed on XX/XX/2020. Please tell me how was this validated? Were you a firsthand witness to the transaction? Is there a competent witness that you can bring to attest to this? According to 15 USC 1692g, you have to provide validation and verification, which you have not. 
We are still under billing error dispute, pursuant to 15 USC 1666 ( b ) ( 2 ), as I have not received all documentary evidence because Wells Fargo has failed to return the cease and desist form they were supposed to complete with all requested information, assignments or other transfer agreements, which would establish your right to collect this alleged debt within 30 days from the date you receipt my initial letter. Your claim can not and WILL NOT be considered if any portion of that form was not completed and return with copies of all requested documents. This was a request for validation pursuant to Fair debt Collection Practices Act 15 USC 1692g. Please keep in mind, Pursuant to 15 USC 1666 ( e ) Effect of noncompliance with requirements by creditor, Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor. This is further backed by 12 CFR 1026.13 ( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. As for credit reporting agency reporting, refer to 12 CFR 1026.13 ( d ) ( 2 ) Adverse credit reports prohibited. The creditor or its agent shall not ( directly or indirectly ) make or threaten to make an adverse report to any person about the consumer 's credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges. 
I expect this matter to be closed out in good faith, with my demands met in my Cease and Desist. I will not take any calls in regards to this matter- unless you are providing me with my specified remedy. If you give me a call and it's not in relation to that you are violating my Cease and Desist.

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 explanation