Consumer complaint received 2024-09-12
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (PA)

Formal Complaint Against Collection Agencies for Violations of Federal and State Laws Good Morning CFPB Representative, My name is XXXX XXXX and I am physically writng to formally lodge a complaint against several colection agencies that have placed colections on my consmer report without adhering to the requisite legal protocols. The actions of these agencies are not only unethical but also in direct violation of my consumer rights as outlined by federal and state laws. Specifically, the violations are as follows : 1. Violation of 12 CFR 1006.34 ( b ) ( 5 ) : The collection agencies have not provided the necessary validation information before placing a collection on my consumer report. This failure to validate the debt violates my rights under the law, as I am entitled to receive proper documeNtation verifying the legitimacy of the debt before any collection activity is reported.

2. Violation of 12 CFR 1006.34 ( c ) ( 4 ) ( i ) : I have not been given a fair opportunity to dispute the accounts in question. According to the regulation, I should have been notified and allowed to dispute the debt within 30 days of the initial communication. This fundamental right has been disregarded, leaving me without a chance to contest the validity of the alleged debt.

3. Violation of Consumer Rights through Deceptive Practices : The collection agencies ar employing false, misleading, and deceptive means to collect the debt. This includes misrepreseting the amount owed, the status of the debt, and the consequences of non-payment. Such actions are a clear breach of my rights and the regulations designed to protect consumers from such unethical behavior.

4. Violation of 12 CFR 1006.34 ( d ) and 15 USC 1681-S2 ( 7 ) ( A ) : The collection agencies lack the authority to furnish any account to consumer reporting agencies without providing all necessary disclosures as required by law. Their actions are in direct violation of these regulations, as they have reported the debts without ensuring full compliance with the mandatory disclosure requirements.

5. Violation of Pennsylvania Statute of Limitations : The accounts in question are also beyond the statute of limitations for debt collection in Pennsylvania. The statute of limitations on writen contracts, oral contracts, promissory notes, and open-end accounts in Pennsylvania is four years ( 42 Pa. C.S. 5525 ( a ) ).

These debts are therefore time-barred and can not legally be collected. 

Additionally, I am formalLy disputing owing any and all debts to these collection agencies. I hereby revoke all rights for these agencies to communicate with me through email, text, or calls. I am requesting debt validation and demand the purchase agreement between the collection agencies and the original creditor. Additionally, I am requesting proof that these agencies are licensed and bonded to collect debts in my state. 

Given the above violations and my requests, I respectfully urge the CFPB to investigate these matters urgently. These unlawful practices have caused significant distress and have negatively impacted my creditworthiness. I seek your assistance in ensuring that the collection agencies are held accountable for their actions and that all improper entries are removed from my consumer report immediately. I have enclosed copies of all relevant documentation, including correspondence with the collection agencies, copies of my consumer report, and any other supporting evidence. Thank you for your attention to this matter. I look forward to a prompt resolution and appreciate your assistance in upholding my consumer rights. 

Sincerely, XXXX XXXX