Consumer complaint received 2020-11-19
Company: WELLS FARGO & COMPANY
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
Pursuant to Federal Law 15 U.S Code 1692g Validation of Debts, WELLS FARGO the debt collector must cease collection of any alleged debt owed until verification of the alleged debt or a copy of a judgment or the name and address of the original creditor. I am XXXX XXXX a natural person in flesh, the consumer, demanding the name and address of the original creditor of this alleged debt owed. This alleged debt is assumed to be valid, which it is not valid per my rights pursuant to Federal Law.The continuance of the debt collector WELLS FARGO reporting this alleged debt on my alleged consumer report is a violation of my rights pursuant to Federal Law. 

15 U.S Code 1692g Validation of Debts : ( a ) NOTICE OF DEBT ; CONTENTSWithin 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. 
( b ) DISPUTED DEBTS If the consumer notifies the debt collector in writing within the thirty-day period described in subsection XXXX a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. 
A national bank has no power to lend its credit to any person or corporation. 
... Bowen v. Needles Nat. Bank, 94 F 925 36 CCA 553, certiorari denied in 20 S.Ct 1024, 176 US 682, 44 LED 637. 

There is no doubt but what the law is that a national bank can not lend its credit or become an accommodation endorser. National Bank of Commerce v. Atkinson, 55 E 471. 


Pursuant to Federal Law USC 1681 A, a consumer report does not include any authorization or approval of an extension of credit or any communication among persons affiliated by corporate control. The alleged debt owed that the debt collector WELLS FARGO is reporting on my alleged consumer report is a blatant violation of my rights pursuant to Federal Law. 
15 USC 1681a Definitions ; rules of construction Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter. 
( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. 
( c ) The term consumer means an individual. 
( d ) CONSUMER REPORT. 
( 1 ) IN GENERAL.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title. 
( 2 ) EXCLUSIONS.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; Pursuant to Federal Law 15 USC 1692 C, the debt collector WELLS FARGO must cease collection, and communication of and in reference to the alleged debt owed that I am refusing to pay. WELLS FARGO has violated my rights pursuant to Federal Law by communicating with a third party about an alleged debt owed. 

15 USC 1692 Communication in connection with debt collection ( a ) COMMUNICATION WITH THE CONSUMER GENERALLYWithout 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 8 oclock antemeridian and before 9 oclock postmeridian, local time at the consumers location ; ( 2 ) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorneys name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer ; or XXXX XXXX ) at the consumers place of employment if the debt collector knows or has reason to know that the consumers employer prohibits the consumer from receiving such communication. 
( b ) COMMUNICATION WITH THIRD PARTIES Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. 
( c ) CEASING COMMUNICATIONIf 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, the debt collector shall not communicate further with the consumer with respect to such debt, except ( 1 ) to advise the consumer that the debt collectors further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor ; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. 
If such notice from the consumer is made by mail, notification shall be complete upon receipt. 



Pursuant to Federal Law 15 USC 1681 ( n ) ( a ) I am demanding monetary relief of {$100000.00} for damages, defamation of character and violation of my rights. I am also demanding any balance for any alleged debt owed reported on my alleged consumer report to be zeroed out and report as paid in full. 

15 USC 1681 ( n ) ( a ) any person who willfully fails to comply with any requirement under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of damages sustained by me the consumer of {$1000.00} per violation. 

Respectfully, XXXX XXXX

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