Consumer complaint received 2024-01-02
Product: Payday loan, title loan, personal loan, or advance loan — Installment loan
Issue: Problem when making payments — 
Company: Tower Loan of Mississippi, Inc. (AL)

Privacy Act of 1974 states that No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains [ subject to 12 exceptions ]. 5 U.S.C. 552a ( b ). an Employee at TOWER LOAN OF XXXX XXXX, XXXX, did just that. On Friday XXXX XXXX XXXX XXXX proceeded to call my wife asking her if I am available to speak. My wife then said that I was at work. After a short conversation between the two, XXXX disclosed the amount, the status of the account and the legal proceedings that were to allegedly take place on Tuesday, XX/XX/XXXX. My wife, who is not a party in this contract had no idea of the status of this loan and further more that it was in default as I was working to validate the debt with the debt collector. XXXX proceeded to tell my wife that XXXX XXXX XXXX is not only a debt collector but he is also a layer and if I did not answer the lawyer by Tuesday XXXX XXXX, that there will be a lien filed on my home on Tuesday and the property will be sold thereafter because the lawsuit was " filed on XX/XX/XXXX ''. Not only has this caused actual damages in my martial affairs, this is false and misleading information. 

The response on the debt collector form clearly states that we have until XX/XX/XXXX to respond and dispute the matter but XXXX, an employee of the original creditor and the debt collector had other plans. In fact it's clear that the lawyer and creditor intended to use the 'validation of debt ' letter as a legal pleading instead of an attempt to collect a debt as the debt collector. No where in the letter indicated that if I did not respond by XX/XX/XXXX, that a lien would be put on my home for this unsecured loan. It was indeed a scare tactic that is false and misleading. It is apparent that the original creditor hires this debt collector as the attorney who usually litigates for most cases of TOWER LOAN OF XXXX XXXX ( GULFCO OF XXXX LLC DBA TOWER LOAN OF XXXX XXXX XXXX ). While debt collectors have the authority to also practice law, they DO NOT have the authority to " use any false representation or deceptive means to collect or attempt to collect and debt '' pursuant to section 806 ( 10 ).

Fair Debt and Collection Practices Act Section 806 ( 4 ) states that the " The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the XXXX, garnishment, attachment, or SALE OF ANY PROPERTY OR wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. While TOWER LOAN OF XXXX XXXX AND XXXX XXXX XXXX XXXX may intend on taking legal action, the " collection activities and communication during the 30 -day period MAY NOT OVERSHADOW ( appear much more prominent or important than ) or be INCONSISTENT with the disclosure of the consumer 's right to dispute the debt or request the name of the original creditor '' 809 ( b ). 

The collection activities of both XXXX XXXX XXXX and Tower Loan is indeed inconsistent because the disclosure stated that I had 30 days from XXXX XXXX XXXX XXXX XXXX to respond but XXXX at TOWER LOAN said that I had to respond by Tuesday XXXX XXXX XXXX because they are filing the lien on the home XXXX XXXX XXXX  in which the placement of the lien became more important than me having the right to validate the debt. 
I also asked for the the entire promissory note and went to the business to receive copys of of but was given on pages 1 of 3 and 2 out of 3 of the promissory note. My wife then called in to ask for the entire contract and was told there is no page three, the live check would be considered page 3 of 3 in which I know this is incorrect false information. My unalienable rights to privacy and my right to validate a debt within 30 days of the notice has been impeded upon and I have sustained actual damages as a result of their failure to follow the stated laws.