Consumer complaint received 2022-06-06
Company: Colony Brands, Inc.
State: PA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
NOTICE OF REJECTION OF SOLICITATION TO PAY FICTITIOUS OBLIGATION XXXX XXXX XXXX XXXX XXXX XXXX PA XXXX XX/XX/XXXX Dear XXXX  XXXX XXXX, SEVENTH AVENUE used my open-end credit plan to establish the account/credit application and accepted my credits in their ledger on the accounts receivable side upon completion of my application for extension of credit. I have sent multiple notices and SEVENTH AVENUE HAVE BEEN RETURNING TO SENDER. I have made attempts to rectify the matter, though SEVENTH AVENUE have been rejecting my mail but keep sending me billing statements. Furthermore, a statement, bill or invoice is fraud and void upon its face see 39 usc 3005 and 39 usc 3001 d 2 a below. It is merely a solicitation of which I am under no obligation to pay. 

This notice is to formally inform the CFPB AND SEVENTH AVENUE of all violations of state and federal laws, this is the only way to get the attention of SEVENTH AVENUE. Listed below are the violation in connection with credit extended to XXXX XXXX VIOLATIONS ALL OF WHICH SEVETN AVENUE ARE CRIMINALLY LIABLE FOR INCLUDING CIVIL PENALTIES FOR DAMAGES AND INJURY *15 USC 1692 D HARASSMENT OR ABUSE *39 U.S. CODE 3005 - FALSE REPRESENTATIONS ; *18 U.S. CODE 892 - MAKING EXTORTIONATE EXTENSIONS OF CREDIT *18 U.S. CODE 893 - FINANCING EXTORTIONATE EXTENSIONS OF CREDIT *18 U.S. CODE 894 - COLLECTION OF EXTENSIONS OF CREDIT BY EXTORTIONATE MEANS *FALSE CLAIMS ACT 31 USC 3729 ( A ) LIABILITY FOR CERTAIN ACTS.

*12 CFR PART 220 - CREDIT BY BROKERS AND DEALERS ( REGULATION T ) *12 CFR PART 1002 - EQUAL CREDIT OPPORTUNITY ACT ( REGULATION B ) *12 CFR PART 1005 - ELECTRONIC FUND TRANSFERS ( REGULATION E ) *12 cfr 1026.13 Billing error resolution.

*12 CFR 1026.11 - Treatment of credit balances *26 U.S. CODE 1286 - TAX TREATMENT OF STRIPPED BONDS *31 USC 3123 PAYMENT OF OBLIGATIONS AND INTEREST ON THE PUBLIC DEBT *39 U.S. Code 3001 - Nonmailable matter 39 U.S. Code 3001 - Nonmailable matter ( d ) Matter otherwise legally acceptable in the mails which ( A ) the following notice : This is a solicitation for the order of goods or services, or both, and not a bill, invoice, or statement of account due. You are under no obligation to make any payments on account of this offer unless you accept this offer. 



39 U.S. Code 3005 - False representations ; lotteries ( a ) Upon evidence satisfactory to the Postal Service that any person is engaged in conducting a scheme or device for obtaining money or property through the mail by means of false representations, including the mailing of matter which is nonmailable under section 3001 ( d ), ( h ), ( i ), ( j ), or ( k ) of this title, or is engaged in conducting a lottery, gift enterprise, or scheme for the distribution of money or of real or personal property, by lottery, chance, or drawing of any kind, the Postal Service may issue an order which ( 1 ) directs the postmaster of the post office at which mail arrives, addressed to such a person or to his representative, to return such mail to the sender appropriately marked as in violation of this section, if the person, or his representative, is first notified and given reasonable opportunity to be present at the receiving post office to survey the mail before the postmaster returns the mail to the sender ; ( 2 ) forbids the payment by a postmaster to the person or his representative of any money order or postal note drawn to the order of either and provides for the return to the remitter of the sum named in the money order or postal note ; and ( 3 ) requires the person or his representative to cease and desist from engaging in any such scheme, device, lottery, or gift enterprise. 

For purposes of the preceding sentence, the mailing of matter which is nonmailable under such section 3001 ( d ), ( h ), ( i ), ( j ), or ( k ) by any person shall constitute prima facie evidence that such person is engaged in conducting a scheme or device for obtaining money or property through the mail by false representations.

9.0 Written, Printed, and Graphic Matter Generally 9.1 Solicitations in Guise of Bills, Invoices, or Statements of Account ( 39 USC 3001 ( D ) ; 39 USC 3005 ) 9.1.1 General Any otherwise mailable matter that reasonably could be considered a bill, invoice, or statement of account due, but is in fact a solicitation for an order, is nonmailable unless it conforms to 9.1.2 through 9.1.5. A nonconforming solicitation constitutes prima facie evidence of violation of 39 USC 3005. Compliance with this section does not avoid violation of Section 3005 if any part of the solicitation or any information with it misrepresents a material fact to the addressee ( e.g., misleading the addressee about the identity of the sender of the solicitation or about the nature or extent of the goods or services offered may be a violation of Section 3005 ).

9.1.2 Required Disclaimer The solicitation must bear on its face either the disclaimer required by 39 USC 3001 ( d ) ( 2 ) ( A ) or the notice : THIS IS NOT A BILL. THIS IS A SOLICITATION. YOU ARE UNDER NO OBLIGATION TO PAY THE AMOUNT STATED ABOVE UNLESS YOU ACCEPT THIS OFFER. The statutory disclaimer or the alternative notice must be displayed in conspicuous boldface capital letters of a color prominently contrasting with the background against which it appears, including all other print on the face of the solicitation and that are at least as large, bold, and conspicuous as any other print on the face of the solicitation, but not smaller than 30-point type ( see Exhibit 9.1.2 ). The notice or disclaimer required by this section must be displayed conspicuously apart from other print on the page immediately below each portion of the solicitation that reasonably could be construed to specify a monetary amount due and payable by the recipient. It must not be preceded, followed, or surrounded by words, symbols, or other matter that reduces its conspicuousness or that introduces, modifies, qualifies, or explains the required text, such as Legal Notice Required by Law.

Exhibit 9.1.2 Solicitation Disclaimer 9.1.3 Intelligibility The notice or disclaimer must not, by folding or any other device, be made unintelligible or less prominent than any other information on the face of the solicitation. 



I reject you offer to solicit payment of fictious obligations, please refund all payments made by check or credit/debit card and zero out this account monthly going forward. 

Please be advised that closing/cancelling the account you are engaging in unconscionable attempt at extorting monies for extension of credit. 

18 U.S. Code 892 - Making extortionate extensions of credit ( a ) Whoever makes any extortionate extension of credit, or conspires to do so, shall be fined under this title or imprisoned not more than 20 years, or both. 

( b ) In any prosecution under this section, if it is shown that all of the following factors were present in connection with the extension of credit in question, there is prima facie evidence that the extension of credit was extortionate, but this subsection is nonexclusive and in no way limits the effect or applicability of subsection ( a ) : ( 1 ) The repayment of the extension of credit, or the performance of any promise given in consideration thereof, would be unenforceable, through civil judicial processes against the debtor ( A ) in the jurisdiction within which the debtor, if a natural person, resided 18 U.S. Code 893 - Financing extortionate extensions of credit Whoever willfully advances money or property, whether as a gift, as a loan, as an investment, pursuant to a partnership or profit-sharing agreement, or otherwise, to any person, with reasonable grounds to believe that it is the intention of that person to use the money or property so advanced directly or indirectly for the purpose of making extortionate extensions of credit, shall be fined under this title or an amount not exceeding twice the value of the money or property so advanced, whichever is greater, or shall be imprisoned not more than 20 years, or both. 

18 U.S. Code 894- Collection of extensions of credit by extortionate means ( a ) Whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means ( 1 ) to collect or attempt to collect any extension of credit, or ( 2 ) to punish any person for the nonrepayment thereof, shall be fined under this title or imprisoned not more than 20 years, or both. 

( b ) In any prosecution under this section, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made, collected or attempted to be collected by extortionate means or that the nonrepayment thereof was punished by extortionate means. 

31 usc 3123 Payment of obligations and interest on the public debt ( a ) The faith of the United States Government is pledged to pay, in legal tender, principal and interest on the obligations of the Government issued under this chapter.

( b ) The Secretary of the Treasury shall pay interest due or accrued on the public debt. As the Secretary considers expedient, the Secretary may pay in advance interest on the public debt by a period of not more than one year, with or without a rebate of interest on the coupons. This is how I know that progressive cash in the payment coupons and also take cash payments from me.

SEVENTH AVENUE has also violated the FALSE CLAIMS ACT 31 usc 3729 ( a ) Liability for Certain Acts.

( 1 ) In general.Subject to paragraph ( 2 ), any person who ( A ) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval ; ( B ) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim ; ( C ) conspires to commit a violation of subparagraph ( A ), ( B ), ( D ), ( E ), ( F ), or ( G ) ; ( D ) has possession, custody, or control of property or money used, or to be used, by the Government and knowingly delivers, or causes to be delivered, less than all of that money or property ; ( G ) knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Government, is liable to the United States Government for a civil penalty of not less than {$5000.00} and not more than {$10000.00}, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of XXXX ( 28 U.S.C. 2461 note ; Public Law 104410 [ 1 ] ), plus 3 times the amount of damages which the Government sustains because of the act of that person *12 cfr 1002.2 ( a ) Account means an extension of credit ( 1 ) Definition. The term electronic fund transfer means any transfer of funds that is initiated through an electronic terminal, telephone, computer, or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit a consumer 's account. 

*12 crf 1005.2 1. Consumer asset account. The term consumer asset account includes : ii. A retail repurchase agreement ( repo ), which is a loan made to a financial institution by a consumer that is collateralized by government or government-insured securities. 

Remittance transfer - ( 1 ) General definition. A remittance transfer means the electronic transfer of funds requested by a sender to a designated recipient that is sent by a remittance transfer provider. 

( i ) Financial institution means a bank, savings association, credit union, or any other person that directly or indirectly holds an account belonging to a consumer, or that issues an access device and agrees with a consumer to provide electronic fund transfer services, other than a person excluded from coverage of this part by section 1029 of the Consumer Financial Protection Act of XXXX, title X of the XXXX XXXX XXXX Reform and Consumer Protection Act, Public Law 111-203, 124 Stat. 1376.

According to blacks law definition, coupon is a written contract for the payment of a definite sum of money on a given day and being drawn and executed in a form of and mode for the purpose, that they may be separate from the bonds and other instruments to which they are usually attached. 

*26 usc 1286 states ( 5 ) Coupon The term coupon includes any right to receive interest on a bond ( whether or not evidenced by a coupon ).

*15 usc 78 m q 1 defines payment as ( C ) the term payment ( i ) means a payment that is ( I ) made to further the commercial development of oil, natural gas, or minerals ; and ( II ) not de minimis ; and ( ii ) includes taxes, royalties, fees ( including license fees ), production entitlements, bonuses, and other material benefits, that the Commission , consistent with the guidelines of the Extractive Industries Transparency Initiative ( to the extent practicable ), determines are part of the commonly recognized revenue stream for the commercial development of oil, natural gas, or minerals ; *12 cfr 220.2 Credit balance means the cash amount due the customer in a margin account after debiting amounts transferred to the special memorandum account. Once there is a positive balance it must be refunded to the consumer, how can one pay into a positive account? 



Creditor means any broker or dealer ( as defined in sections 3 ( a ) ( 4 ) and 3 ( a ) ( 5 ) of the Act ), any member of a national securities exchange, or any person associated with a broker or dealer ( as defined in section 3 ( a ) ( 18 ) of the Act ) 12 CFR 1026.11 - Treatment of credit balances ( a ) Credit balances. When a credit balance in excess of {$1.00} is created on a credit account ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of the consumer ), the creditor shall : ( 1 ) Credit the amount of the credit balance to the consumer 's account ; ( 2 ) Refund any part of the remaining credit balance within seven business days from receipt of a written request from the consumer ; ( 3 ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than six months. 



12 cfr 1026.13 ( a ) Definition of billing error. For purposes of this section, the term billing error means : ( 1 ) A reflection on or with a periodic statement of an extension of credit that is not made to the consumer or to a person who has actual, implied, or apparent authority to use the consumer 's credit card or open-end credit plan.

( 2 ) A reflection on or with a periodic statement of an extension of credit that is not identified in accordance with the requirements of 1026.7 ( a ) ( 2 ) or ( b ) ( 2 ), as applicable, and 1026.8. 

( b ) Billing error notice. A billing error notice is a written notice from a consumer that : ( 1 ) Is received by a creditor at the address disclosed under 1026.7 ( a ) ( 9 ) or ( b ) ( 9 ), as applicable, no later than 60 days after the creditor transmitted the first periodic statement that reflects the alleged billing error ; ( c ) Time for resolution ; general procedures. 

( 1 ) The creditor shall mail or deliver written acknowledgment to the consumer within 30 days of receiving a billing error notice, unless the creditor has complied with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within the 30-day period; and ( 2 ) The creditor shall comply with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable ( 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. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ) ( 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. 

( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section. 

I XXXX XXXX hereby, reject your offer to solicitation for payment of fictious obligations and I do not wish to receive monthly bills from SEVENTH AVENUE. Please zero out this account monthly going forward. 

Please be advised that closing/cancelling the account SEVENTH AVENUE is engaging in unconscionable attempt at extorting monies for extension of credit see 18 usc 894 above. You have ten days from the date of this notice to comply, otherwise SEVENTH AVENUE will be in agreement to this notice and i will begin the process of civil remedy for serious mental, financial damages and refer to the appropriate law enforcement agencies and file a criminal complaint. 

Warm regards, XXXX XXXX All natural unalienable rights reserved

Company response to consumer: Closed with explanation