Consumer complaint received 2024-08-06
Product: Payday loan, title loan, personal loan, or advance loan — Personal line of credit
Issue: Problem with additional add-on products or services — 
Company: Atlanticus Services Corporation (TX)

Re : Cease and Desist Unauthorized Debits and Fraudulent Activities Dear Fortiva Representative Name / To Whom It May Concern I am writing to formally demand that you cease and desist all unauthorized activities involving my personal and financial information, and to immediately stop debiting money from my bank accounts. 

Details of the Incident : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Fortiva Account Information : Credit Card Number XXXXXXXX XXXX XXXX XXXX XXXX XXXX  Date of Unauthorized Credit Line Creation : XX/XX/XXXX Repeated Unauthorized Debits : From my XXXX personal checking account for {$96.00} per transaction Specific Allegations : Fraudulent use of my personal information to open a line of credit without my consent. 
Unauthorized debits from my bank account using my account number and routing number. 
Manipulative actions by XXXX technicians to facilitate unauthorized payments. 
Violation of the Truth in Lending Act and consumer protection laws. 
These actions have caused me significant financial and emotional distress. I have meticulously documented all fraudulent activities, including snapshots, camera footage, and voice recordings, which provide irrefutable evidence of your unethical practices. 

Demands : Immediately cease and desist all unauthorized debits from my accounts. 
Close any accounts or lines of credit opened in my name without my explicit consent. 
Conduct a thorough internal investigation into the fraudulent activities carried out by your representatives and technicians. 
Provide a detailed account of how my personal information was obtained and used without authorization. 
Ensure that all fraudulent charges are reversed and that no further unauthorized transactions occur. 
Failure to comply with these demands will result in my pursuing all available legal remedies, including but not limited to filing complaints with the Federal Trade Commission ( FTC ), state and federal consumer protection agencies, and seeking legal action for damages incurred due to your fraudulent activities. 

I expect a written response to this letter within 10 business days, confirming the cessation of unauthorized activities and detailing the actions you have taken to rectify this situation. 

CUSTOMER STATEMENT OF DISPUTED ITEMS Account Number XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Neither I nor any authorized user participated in or authorized the above transaction. 

Merchant Contact Information : Date merchant contacted : XX/XX/XXXX Contact name : XXXX XXXX Merchant location : XXXX XXXX Response : XXXX refused to cancel the unauthorized line of credit, insisting the charge was legitimate despite my clear indication that I did not authorize or participate in the transaction. 

Additional Information : XXXX has engaged in fraudulent activities and violated multiple regulations by using my credit without my permission. The unauthorized line of credit taken out in my name by XXXX has caused significant stress and potential damage to my credit score. I did not consent to this transaction, nor did I sign any agreement authorizing XXXX to access my credit information or open a line of credit on my behalf. 

Details of the Fraud : Credit Card and Account Information : Credit Card Number : XXXX Expiration Date : XX/XX/XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX  request to debit this credit card was already pending on Fortiva 's website and app with a date of XX/XX/XXXX before any camera system was installed. Evidence supporting this claim includes snapshots, camera footage, and voice recordings with Fortiva. 
Unauthorized Bank Debits : XXXX has repeatedly invoiced my XXXX personal checking account for {$96.00} using my account and routing numbers, not my debit card number. The method by which XXXX employees obtained this sensitive information is highly suspicious and raises significant concerns about their practices. 
Technician Involvement : During installation, XXXX technicians instructed me to download two apps, one for system operation and one for payment. The technician attempted to manipulate my phone to authorize payments to XXXX from Fortiva without my explicit consent. When I refused to hand over my phone, the technician covertly authorized the payment and then deleted the evidence. This action was captured on my XXXX computer, which was mirroring my phone at the time, showing clear intent to deceive and manipulate. 
Fraudulent and Deceptive Practices : XXXX 's practices include unauthorized credit inquiries, fraudulent account openings, and the use of deceptive tactics to secure payments. These actions violate consumer protection laws, including the Fair Credit Reporting Act ( FCRA ), the Fair Debt Collection Practices Act ( FDCPA ), and the Truth in Lending Act ( TILA ) disclosures, which were repeatedly broken with each transaction. The involvement of Fortiva and their disregard for the fraud evidence presented is equally concerning. Fortiva is rubber-stamping these loans and lines of credit without any concern for the families they are harming. They are intentionally not regulating any loans or credit lines, increasing the risk of liens and judgments placed on the people. Over time, this will create an intolerable burden no person should go through and will lead to the collapse of the banks backing them and harm the people. 

Demands : I demand immediate cancellation of the unauthorized line of credit, removal of any associated negative credit entries, and a thorough investigation into XXXX and Fortiva 's fraudulent activities. Further, I request state and federal charges be brought against XXXX and Fortiva for : Theft of the elderly Theft of personal information Theft of services Theft of savings Theft of individuals ' financial stability Summary and Demand for Action The fraudulent actions of XXXX and Fortiva represent a gross assault on the American people, especially the elderly, military families, and the government. Their deceptive practices, disregard for regulations, and exploitation of consumers, particularly the vulnerable and elderly, must be exposed and addressed at the highest levels. An internal investigation by federal and local agencies is imperative to prevent further victimization and hold these entities accountable. 

XXXX and Fortiva have betrayed the trust of the American public and violated numerous laws. I demand that all parties involved face appropriate criminal charges, including : Identity Theft Fraud Unauthorized Use of Personal Information Deceptive Trade Practices Financial Exploitation of the Elderly Violation of Consumer Protection Laws Repeated Violations of the Truth in Lending Act ( TILA ) These egregious actions require immediate and stern action to protect the American people and uphold the integrity of our financial and legal systems. Fortivas reckless and negligent actions in rubber-stamping loans and credit lines without due diligence are placing families at severe risk, burdening them with debt, and threatening the stability of financial institutions. This can not be tolerated. 

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