Consumer complaint received 2016-12-22
Company: JPMORGAN CHASE & CO.
State: CA
Product: Debt collection
Sub-product: Mortgage
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
XXXX XXXX XXXX , XXXX is servicing my loan as a debt collector and is related to XXXX, XXXX XXXX XXXX, and/or CHASE by common ownership or control. These other banks are affiliates who the CFPB can hold responsible for violating the Dodd-Frank Act and the FDCPA. The CFPB needs to investigate XXXX and the debt collectors for their relationship with these affiliates. 

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 authorizes the Consumer Financial Protection Bureau to seek the following relief for violations : rescission, restitution, disgorgement, damages, and civil penalties of up to {$5000.00} per day per violation. XXXX XXXX XXXX and their affiliates have not acted in a " fair '' or " transparent '' manner, but have engaged in " unfair, deceptive and abusive practice [ s ] '' in violation of the act by using the Making Home Affordable Act as an illegal method of debt collection. This keeps eligibility requirements in place which is designed to prevent consumers from functioning normally as it becomes very burdensome and oppressive. 

XXXX and their affiliates have used the Making Home Affordable Act as an illegal method of debt collection that violates federal consumer rights laws and the Dodd-Frank Wall Street and Consumer Protection Act of 2010. I have already filed several complaints with the CFPB against XXXX and have attached dozens of Required Information Notices for the Making Home Affordable Act. I have received up to three notices per month. I received these notices for two years before I finally compelled SPS to stop sending them and these came after my application was fraudulently removed from underwriting. These notices are for a financial product or service and violate the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 as well as the Fair Debt Collection Practices Act. 

The act provides that in dealing with consumers, " affiliated persons '' that provide a " consumer financial product or service '' must not engage in unfair, deceptive or abusive acts or practices. The Act makes it " unlawful '' for any covered " person [ defined as including any business entity ] or service provider '' to offer or provide to a consumer any financial product or service not in conformity with " Federal consumer financial law '' or " to engage in any unfair, deceptive or abusive acts or practices. '' The Act defines a " financial product or service '' as including the extending of credit and the servicing of loans. Therefore XXXX has violated federal consumer rights laws and the CFPB is not taking any action to stop it or seek restitution for consumers. 

A stated purpose of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ( " the Act '' ) is to ensure that consumer products and services are " fair, transparent and competitive '' and to provide consumers " timely and understandable information to make responsible decisions about financial transactions. '' The Consumer Financial Protection Bureau has not enforced the Dodd-Frank Wall Street Reform and Consumer Protection Act and is not investigating XXXX XXXX XXXX , XXXX to identify who the affiliate companies are that the debt collectors are working for in violation of the Fair Debt Collection Practices Act. These affiliate companies can be held accountable for violations of the Dodd-Frank Act and the Fair Debt Collection Practices Act. In order to be an exception to the FDCPA, the debt collectors have to be working for a creditor and creditors are companies who obtained the debt when it was not in default. 

This is not possible in my case as the only bank who could have been considered to be a creditor was WaMu.. I went into default while my loan was with Washington Mutual and CHASE acquired the debt after CHASE merged with WaMu. The CFPB can not avoid this responsibility by claiming XXXX does not fall under Dodd-Frank Act.

Company response to consumer: Closed with explanation