Consumer complaint received 2020-01-07
Company: Patenaude & Felix A Professional Corporation
State: PA
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Impersonated attorney, law enforcement, or government official

Complaint:
Good Morning, I am XXXX XXXX, consumer. I am filing a formal complaint against PATENAUDE & FELIX, A.P.C. for their transgressions and breach against my personal information. PATENAUDE & FELIX, A.P.C is in direct violation of 15 U.S. Code 1692c ( a ) for communicating with me in an attempt to collect a debt without my expressed written consent or the expressed permission of a court of competent jurisdiction. I allege PATENAUDE & FELIX, A.P.C, has purchased or is collecting a debt on behalf of XXXX XXXX for a credit card account ending in XXXX. This contract that was created with XXXX XXXX  is null and void because I entered into this contract and was not given full disclosure of all the credit terms. 

Pursuant to 15 U.S. Code 1631 ( a ) a creditor or lessor shall disclose to the person who is obligated on a consumer lease or a consumer credit transaction the information required under this subchapter.

Pursuant to 15 U.S. Code 1635 Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section.

The disclosure of my right to rescind the contract was never given to me and was removed from the terms and conditions of the contract. I was also never provided with the proper rescission forms that contained any material disclosures. This was done in an attempt to prevent me from making an informed use of my credit pursuant to 15 U.S. Code 1601 by omitting these material disclosures which is a violation of the Fair Debt Collection Practices Act and Truth in Lending Act. This contract shall be deemed void and unconscionable. PATENAUDE & FELIX, A.P.C is complicit in this fraud because they are now attempting to collect on this debt.

PATENAUDE & FELIX, A.P.C is also in direct violation of 15 U.S. Code 1692e. They have communicated with me and have made several statements that are false or misleading. PATENAUDE & FELIX, A.P.C has violated 15 U.S. Code 1692e ( 2 ) ( B ) by falsely representing that they are providing a service or representing SYNCHRONY BANK because according to 15 U.S. Code 1692e ( 3 ) it is a violation for anyone to misrepresent that they are an attorney or even imply that they are an attorney or that that any communication is from an attorney. Pursuant to 15 U.S. Code 1692e ( 10 ) the use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer is a violation of the Fair Debt Collection Practices Act.

PATENAUDE & FELIX, A.P.C has severely violated my rights as a consumer! They are communicating with me without my consent and are being deceptive in the practices that they are using. I am demanding redress or will be filing a lawsuit in federal court for their transgressions. They claim to be lawyers and are violating the laws they are supposed to be upholding. This is down right wrong and fraudulent!. They must be stopped

Company response to consumer: Closed with explanation