Consumer complaint received 2024-10-26
Product: Debt collection — Payday loan debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Silverman Theologou, LLP (NC)

I

am writing to formally address a series of grievances arising from alleged illegal debt collection practices, in violation of multiple federal statutes designed to protect consumers from predatory, misleading, and unethical practices. This letter serves as a notice of intent to pursue federal litigation if these matters are not promptly and adequately addressed. Below is a comprehensive breakdown of the statutes violated, along with an outline of how your firms actions have contravened each. 1. Truth in Lending Act ( TILA ) TILA ( 15 U.S.C. 1601 et seq. ) sets standards to ensure clear and transparent disclosures regarding credit terms. Your firms actions have disregarded TILA by [ explain specific violations, e.g., failure to provide accurate disclosures ]. The misuse of credit, as defined under 15 U.S.C. 1601, is prohibited and actionable under TILA. 2. Consumer Law 12 U.S.C. 1431 and Consumer Financial Protection Under 12 U.S.C. 1431, there are protections regarding consumer credit and debt practices that demand responsible handling of credit-related information. [ Provide specific examples or claims of how these were violated ]. 3. Consumer Law 15 U.S.C. 1666 ( b ) - Error Resolution Procedures As per 15 U.S.C. 1666 ( b ), you are required to follow specific protocols for addressing billing errors. It appears these procedures were either ignored or improperly executed, causing undue financial strain and affecting my credit. 4. Consumer Law 15 U.S.C. 1601, 1602 ( g ) ( j ) ( i ) ( k ) ( p ), 1604 ( a ) ( b ), and 1605 ( Credit Terms and Definitions ) In violation of Sections 1601, 1602, 1604, and 1605, the definitions, terms, and conditions related to credit must be transparent and accurate. Misleading representations were made in [ describe interactions or documents ], violating the standards outlined in these sections. 5. Consumer Law 15 U.S.C. 1606 - Annual Percentage Rate ( APR ) Section 1606 mandates precise calculation and disclosure of APR. Failure to accurately disclose or properly calculate the APR as required constitutes a direct violation. 6. Consumer Law 15 U.S.C. 1611 - Civil Liability for Willful and Knowing Violations Section 1611 holds entities liable for willful and knowing violations. Your firms repeated disregard for statutory obligations constitutes willful non-compliance, making you liable for damages. 7. Consumer Law 15 U.S.C. 1640, 1635 - Rescission Rights and Consumer Protections Sections 1640 and 1635 provide consumers the right to rescind certain transactions and protection against misrepresentations. Your firms actions have restricted my rights under these laws and disregarded the requirement to provide me a fair opportunity for recourse. 8. Fair Debt Collection Practices Act ( FDCPA ) - 15 U.S.C. 1692 et seq. Under the FDCPA, debt collectors must operate within ethical bounds, including providing clear communication ( 1692g ), avoiding harassment ( 1692d ), and ensuring accurate representations ( 1692e ). Your firms actions have shown a disregard for these regulations, causing undue stress and misrepresenting debt details. 9. Fair Credit Reporting Act ( FCRA ) - 15 U.S.C. 1681n, 1681o, 1681s FCRA sections 1681n and 1681o outline the obligations regarding the handling of consumer credit information. Mishandling or misuse of my credit information in violation of these standards has harmed my credit standing. 10. Consumer Privacy - 15 U.S.C. 6802, 6803, 6804 Sections 6802-6804 under the Gramm-Leach-Bliley Act require the protection of consumer privacy and the safeguarding of personal information. Your firms actions have failed to meet these standards by [ explain specific instances, e.g., failure to secure data, unauthorized sharing ].