Consumer complaint received 2024-06-16
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Ava Finance, Inc (TX)

I RECENTLY FILED DISPUTE OF MY CONCERNED INTEREST IN MY PERSONAL AND PRIVATE ACCOUNT INFORMATION BEING SHARED BY AVA FINANCE INC AND DEMANDED FOR THE SAFETY OF POSSIBLE IDENTY THEFT, FRAUD, OR OTHER BREACHES AND EXTORTION RISK THAT I EXERCISE MY RIGHT TO PRIVACY AND OPT OUT OF AVA FINANCE INC SHARING MY PRIVATE AND PERSONAL ACCOUNT TRANSACTIONS, EXPERIENCES, HISTORY AND RECORD WITH ANY CONSUMER REPORTING AGENCIES. THEY'RE ATTEMPTING TO CREATE DISTRESS, MISINFORMATION, ABUSIVE DEBT COLLECTIONS, MISREPRESENTATION OF CHARACTER, FINANCIAL INJURY AND RISK EXPOSURE OF DISCRIMINATION AND ID THEFT OF PRIVATE INFORMATION. I DEMANDED UNLESS THEY CAN WARRANT OR GUARANTEE THE SAFETY OF MY INFORMATION TO WHICH I BURDEN NO RISK FROM THEIR ACTIVITIES THEN THEY ARE TO CEASE AND DESIST ALL SHARING AND REPORTING OF MY INFORMATION TO 3RD PARTIES, NON AFFILIATES AND CONSUMER REPORTING AGENCIES OR IN OTHER WORDS NON GOVERNMENT AGENCIES. 

BELOW IS HOW THEY RESPONDED DISMISSING MY RIGHT TO PRIVACY Thank you for bringing this matter to our attention. We appreciate the opportunity to address your concerns. Although you have canceled your Ava Membership, you are still responsible for the outstanding balance on your Ava XXXX XXXX card. Your current outstanding balance is {$7.00}, which has been overdue since XX/XX/year>. This overdue payment is accurately being reported as late to the credit bureaus. Auto-payment was attempted on XX/XX/year>, but the payment could not be completed due to insufficient funds. We have sent at least four emails : one informing you that a payment was due and three notifying you that the payment was past due before reaching the 30-day overdue mark. Although your payments were set to auto-payment, these communications included a manual payment option to facilitate timely payment within the 29-daXXXX grace period. However, we will be fully closing the account and will no longer attempt to recover the {$7.00} balance. The account will be closed with the credit bureaus as well, which may result in a negative remark on your credit report. You have until XX/XX/XXXX to make this payment if you wish to avoid further negative impact on your credit. If you need any assistance or have questions, please feel free to contact us at XXXX. 

BELOW I AM RESPONDING WITH A 2ND DEMAND AVA FINANCE continues to violate consumer protection laws against me and I am concerned that my private information isn't safe and is in danger of identity theft, fraud, and trafficking due to the sharing, storing and furnishing of my information. I requested to opt out of those activities including debt collection but AVA FINANCE continues to violate various transactional and privacy laws. I ask that the CFPB enforce actions against AVA FINANCE and its assigns, affiliates and non affiliates on handling my private accounts. Attached is demand affidavit and agreement. FCRA 15 U.S. Code 1681b ( a ) 2 Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. 

15 U.S. Code 1692c ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except ( 1 ) to advise the consumer that the debt collectors further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or ( XXXX ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. 
If such notice from the consumer is made by mail, notification shall be complete upon receipt. 

15 U.S. Code 1692a - Definitions ( 2 ) The term communication means the conveying of information regarding a debt directly or indirectly to any person through any medium.

15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject tosection 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between theconsumerand thepersonmaking the report ;