Consumer complaint received 2016-04-15
Company: ONEMAIN FINANCIAL HOLDINGS, LLC.
State: LA
Product: Consumer Loan
Sub-product: Installment loan
Issue: Problems when you are unable to pay

Complaint:
XXXX XXXX, 2016 Dear XXXX dba XXXX XXXX, This letter is a formal demand for {$1000.00} in Statutory Damages and is an action for violations under the Fair Debt Collection Practices Act, hereinafter " FDCPA '', 15 U.S.C. 1692a, et. seq. and for {$500.00} per violation under the Telephone Consumer Protection Act 47 U.S.C. 227a et. seq. hereinafter " TCPA '', 47 U.S.C. 227a et. seq. I have received your letter dated XXXX XXXX, 2016 and post marked XXXX XXXX, 2016. Your letter contains multiple violations of FDCPA, 15 U.S.C. 1692a, et. seq. The following is two paragraphs of text extracted from the letter. 

" Your account is seriously delinquent and you have not taken any action to remedy the situation despite all of our attempts to get you to do so. As of the date of this letter, {$520.00} is past due on your account. '' " Thus unless you contact us within two ( 2 ) days from the date of this letter to make firm payment arrangements on your loan, we may be left with no recourse other than to proceed with legal action against you. '' The text of the letter contains a demand for payment of {$520.00}. This was not the amount, which was past due. The following amount {$240.00} and late fees {$36.00} for a total of {$270.00} out of the {$520.00} was past due. This constitutes false, deceptive and or misleading representation in connection with the collection of the debt in violation of 15 U.S.C. 1692e. Additionally, the text stated the Account Balance was {$10000.00}, which included without limitation the principal balance, future unearned interest, and late fees. However, the Account Balance was {$5500.00}. This constitutes false representation of the character, amount, and or legal status of said debt in violation of 15 U.S.C. 1692e ( 2 ). 

In regards to the text, which stated " Thus unless you contact us within two ( 2 ) days from the date of this letter to make firm payment arrangements on your loan, we may be left with no recourse other than to proceed with legal action against you. '' Your letter indicates that you have been instructed to take legal action if payment is not received by XXXX XXXX, 2016. Thus, this was a threat to take an action that was not intended to be taken ; therefore, is a violation of 15 U.S.C. 1692 ( e ) 5. Providing consumers 2 days is a clear violation of FDCPA, which provides consumers 30 days to validate and dispute such debt. Therefore, your letter is contradicting and misleading, which is a violation of 15 U.S.C. 1692g. 

Additionally, you have engaged in a conduct, which the natural consequence was to harass, oppress, or abuse me in connection with the collection of said debt. Including without limitation, you have caused a telephone to ring, engaged in telephone conversation repeatedly and or continuously with intent to annoy, abuse, or harass me at the called number, which is a violation of 15 U.S.C. 1692d ( 5 ). Therefore, on XXXX XXXX, 2016 a revocation of your rights was received by your office. However, you are continuously violating TCPA 47 U.S.C. 227a et. seq. and FDCPA 15 U.S.C. 1692d ( 5 ). 

This is a formal letter of demand ; therefore, I am reserving legal rights for, including without limitation, myself and others similarly situated. These violations of the FDCPA and TCPA have created a civil liability for your office.

Company response to consumer: Closed with explanation