Consumer complaint received 2023-09-06
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: SYNCHRONY FINANCIAL (FL)

To : Synchrony Bank ( SYN ) all accounts. I write to you regarding your arbitration agreements, provisions and clauses contained in your cardmember agreements submitted to the CFPB as required by law. Pursuant to paragraph 7 of your Arbitration PROCEDURES, I WANT TO ARBITRATE and NOTIFY you in writing of my election, choice, demand and notice to exclusively resolve our disputes with Arbitration with XXXX  as my choice of Arbitrators. Notice is Given that if you do not file papers with separate case numbers for each of your account Claims with XXXX and pay all fees within 5 business days, I will assume that you have abandoned any Claims so I will file my own consumer Claims for each account with XXXX seeking statutory and punitive damages for negligent and willful violations of the FCRA and FDCPA for {$70000.00} for every account further demanding IN-PERSON Hearings for each account with separate arbitrators. Despite numerous demands, SYN has concealed disclosure and negligently failed to provide me copies of said applicable agreements with arbitration provisions in deliberate violation of law. I again demand a copy of your cardmember agreement for every one of my SYN credit card accounts with account numbers engraved to each agreement. Pursuant to your arbitration agreements, I again ELECT, CHOOSE and DEMAND that you file for Arbitration for your claims and pay 100 % of the appropriate filing fees and arbitrator fees required by XXXX  ( I Elect to choose XXXX  ) or XXXX to have any Claims by either of us resolved exclusively by arbitration. Simply stated : ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURTALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION. Your SYN arbitration agreements stated : NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE. If you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between youand usArbitration may be requested at any time, even where there is a pending lawsuit, unless trial has begun, or a final judgment entered. any dispute that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide. The party who wants to arbitrate must notify the other party in writing. This arbitration agreement provides that all disputes between me and SYN must be resolved by BINDING ARBITRATION whenever you or we choose to submit or refer a dispute to arbitration. By accepting this arbitration agreement SYN and I GIVE UP YOUR RIGHT TO GO TO COURTAll Claims are subject to arbitration whether they arose in the past, may currently exist, or may arise in the futureAlthough under some laws you may have a right to an award of attorneys fees and expenses if you prevail, you agree that you will not seek such an award under Rules of the XXXX. Moreover, any one of my exhaustive claims for FCRA violations, for which there is no defense, is sufficient standing alone to rule the consumer as the prevailing party to thwart any attempt to be awarded attorney fees. SYN agreed that it will pay any costs that are required to be paid by under the arbitration administrators rules of procedures. SYN also agreed to reimburse me for any initial arbitration filing fees I have paid. SYN also agreed to pay any fees of the arbitrator and arbitration administrator for at least the first two days of any hearing. If I win the arbitration, SYN will reimburse you for any fees I paid to the arbitration organization and/or arbitrator. Since I am unable to afford any fees due to my limited Exempt Social Security benefits, that would be mine to pay to the arbitration administrator, SYN agreed to pay all fees. Multiple arbitration provisions, including Rules of XXXX, require SYN to pay 100 % of all fees waiving recoupment of arbitration fees, attorney fees and other costs. This means that litigation is PROHIBITED and litigation will not be tolerated. More importantly, this means that the cost to arbitrate exceeds your Claims so arbitration has no real purpose except to harass, without even considering my FCRA claims. The agreement implies that if SYN willfully violates it, even after my election, choice and demand for arbitration, by filing prohibited and barred litigation, such as in a state or federal court, then not only will the litigation be void mandating dismissal but appropriate action will be taken to compel arbitration. If any Claim is advanced improperly in a court by SYN, arbitration may be elected under this provision and compelled instead. This means that effectively, due to my election and choice and demand, you must file an arbitration demand with XXXX  ( or XXXX ) and pay all fees so any litigation would be null and void as a mere ministerial filing of a demand with fee payment would NOW effectively be assumed and concluded that the Claim is NOW in Arbitration making litigation barred as a Claim can not be litigated and arbitrated in 2 separate forums when you have agreed to arbitrate as the sole forum. So if you frivolously sue me in a court, after my election today, in violation the your agreement NOT to litigate, the Clause anticipates that I would file a Motion to Compel Binding Forced Private Arbitration with XXXX or XXXX which would AUTOMATICALLY STAY any litigation under Florida Statutes ( FS ) Section 682.03 ( 6 ) which specifically provides that once a motion to compel arbitration has been filed, the court must STAY any judicial proceeding that involves a claim alleged to be subject to Arbitration until the Court renders a final decision on arbitrability of the dispute. Any decision on a Motion to Compel Arbitration is an appealable decision which, if appealed which I would do if denied, would further Automatically STAY the case pending Appeal for at least 12-24 months. See US Supreme Court XXXX XXXX XX/XX/XXXX decision in COINBASE v Bielski . If I am improperly sued in a state court and you do not agree to arbitrate, I would file a Petition in the United States District Court for the Middle District of Florida Orlando Division to Compel Arbitration with XXXX or XXXX. Under the Federal Arbitration Act, a party aggrieved by the alleged failure, negligent or refusal of another to arbitrate under a written agreement for arbitration may petition any U.S. district court for an order directing that such arbitration proceed in the manner provided for in such agreement. I would easily be successful in any expected federal court action if I am improperly sued and you refuse to arbitrate. While I could file for arbitration with the XXXX or XXXX I want to avoid stupid litigation if I pay the initial {$220.00} fee and you litigate in federal court that you should pay the fee costing {$50000.00} in attorney and other fees for no reason other than to harass. So if you want to collect your disputed Claim you must file a Demand For Arbitration Consumer Arbitration Rules with XXXX  or XXXX and pay all fees including those of the Arbitrator which easily will be ultimately over {$25000.00} which will not be recoverable from me including your attorney fees even if you prevail which is impossible due to my Claims against you for multiple statutory FCRA willful violation plus punitive damages far exceeding your dispute Claim. Your arbitration terms of service incorporates by reference the XXXX Rules that expressly delegates arbitrability determinations to an arbitrator and the agreement clearly and unmistakably evidences the parties intent to empower an arbitrator, rather than a court or judge, to resolve questions of arbitrability. See AIRBNB V DOE, Florida Supreme Court # SC20-1167 decided XX/XX/XXXX. Therefore, once an arbitration agreement is presented to a court, the court is powerless to consider arbitrability as such has been delegated to the arbitrator. Due to your arbitration provisions, courts are powerless to act and they are automatically stayed if I move to compel arbitration. Dont waste your money with court filing fees, costs and attorney fees as you will alienate the court and waste resources only to find court actions forced into arbitration with XXXX Or XXXX That is why court actions are automatically stayed to prevent a complete waste of time as arbitration agreements must be enforced. Besides, court decisions are clear that Florida does not have a Small Claims Court, but a mixture of rules so again dont embarrass your attorneys by asking them to frivolously litigate. Nothing in the agreement permits or even discusses the possibility allowing you to file a lawsuit against me in any court. Lets arbitrate!!! File with the XXXX or XXXX  and pay the huge fees. Never expect XXXX fees to be recouped. Never expect a return of attorney fees. I will automatically appeal any decision of a court, state or federal, that does not compel arbitration and provide me relief from frivolous conduct such as Federal Rule 11. If you sue me in state court, you will certainly see a motion To Compel Arbitration, staying it, PLUS a federal court Petition to compel arbitration PLUS a Demand for Arbitration by me with the XXXX requiring you to pay all fees PLUS federal claims for FCRA and FDCPA violations both in federal court and XXXX. By virtue of my election in this document and previous documents, it is indisputable that the Claim and Dispute is already with the XXXX absent a mere ministerial 2 page demand by you with your payment of XXXX fees. So court litigation is completely barred and any such filing will be considered frivolous willful conduct punishable under the FCRA and FDCPA punishable with a dismissal with prejudice of any court claim. If you are stupid and just want to harass me, you should expect years of litigation in multiple state and federal courts, including the US Court of Appeals PLUS no court would enforce any XXXX  award against me due to your conduct including FCRA and FDCPA violations. In SAUNDERS v Branch Banking, 526 F.3d 142 ( 4th Cir. 2008 ), the jury awarded Saunders {$1000.00} in statutory damages and {$80000.00} in punitive damages for FCRA violations for failing to report the ongoing dispute. Using the multiple of 80 upheld, if I am awarded {$10000.00} in statutory damages I expect {$800000.00} in punitive damages applying the 80 multiple. Moreover, the Saunders jury found that the underlying debt was extinguished and uncollectible due to conduct far less than yours. This means that your Disputed Claim must be extinguished due to your FCRA violations PLUS I have huge claims for multiple ongoing statutory and punitive damages. My FCRA violations against you are DEEMED WILLFUL, providing a {$1000.00} statutory damage per violation based on on the CFPBs XX/XX/XXXX Fair Credit Reporting : Facially False Data advisory opinion of Director XXXX XXXX  which stated : A violation is willful when it is inconsistent with authoritive guidance from a relevant agency. Therefore, every FCRA must be considered WILLFUL subjecting you to liability under 15 U.S.C. Section 1681n for willful noncompliance in addition to Section 1681o for negligent noncompliance. Federal courts would have federal question jurisdiction under 28 U.S.C. Section 1331 as they have jurisdiction to enforce liability under 15 U.S.C. Sections 1681p and 1692 ( k ) without regard to the amount in controversy. At a minimum, I can only settle a claim if you agree to absolute confidentiality of settlement PLUS the permanent removal of Claims from every credit reporting agency which will not disclose or imply settlement. Any written settlement must also include general releases of all parties to forever end the possibility of future litigation. While judges, mediators and arbitrators always try hard to force settlement, I am always open at any time to settle a dispute under fair terms based on developments. If you sell a claim to a debt buyer, your liability will not end but it may increase and arbitration will still be required and enforced ending up more complicated with more parties. In summary, the ball is in your court on how you wish to resolve the dispute which may be best taking the tax deduction and walking away without selling the toxic claim. I will not be the first to seek relief but, as listed above, I will aggressively counter any and all efforts to collect your disputed claim in litigation and/or arbitration. Dont waste $ XXXX in your shareholders money for XXXX arbitration fees and your attorney fees to try unsuccessfully to collect {$0.00} owed knowing that I am owed potentially huge statutory and punitive damages. In light of my cease and desist demand which continues forever as I will never withdraw it, I can not communicate with you but I invite you to make a one time permissible exception for you to WRITE me in the CFPB portal about what non-binding exact terms you may consider to resolve all claims. I hope this CFPB complaint will make my position clear about forum resolution options which exclusively require arbitration with the XXXX. If this is not enough, I am a XXXX XXXX XXXX male in poor health with a short time more to live and I am judgment proof as my entire income is from Social Security, exempt from garnishment, and I have no other income or assets and I need treatment abroad and residency abroad. Serving me abroad will not comply with the XXXX and will only result in any attempted service to be return as unserved. I hope this informs you of the situation so you do the right thing. One last thing, saving the most important for last, you run a certain risk of becoming a target for CFPB enforcement actions against violators which could amount to hundreds of millions of dollars in damages. Dont let CFPB Director XXXX XXXX follow through with his public promises to protect consumers from abusive and deceptive financial practices, focus on actors causing harm to take advantage of consumers, holding individual executives accountable, be very quick to lay the hammer down on violators, prosecute violators, name people individually and bar individuals from the industry, and often criminally refer them for prosecution. XXXX XXXX XXXX, who had been instrumental in creating the CFPB says still screwing over consumers-it appears that cheating consumers is simply in [ your ] DNA At best you were incompetent, at worst you were complicit and either way you should be fired. The American people deserve a Congress that worriesabout helping regular people who have been cheated on mortgages, on CREDIT CARDS, on student loans and on CREDIT REPORTS. Our dispute, unless quickly resolved to my satisfaction, will get the attention of XXXX XXXX and Director XXXX if I have to name the CFPB as a party in federal court to enforce its obligations. SYN is not FCRA and XXXX XXXX Compliant and obviously is incapable of complying with its obligations which are a precondition for any credit card Claims you may have. While bankruptcy filings and complex bankruptcy adversary proceedings are highly unlikely due to my Claims against you, I will have no problem in filing a voluntary XXXX XXXX XXXX to wipe out your Claims if at any time it would be in my best interest. The bottom line is only your attorneys will get rich if you try to fight me. You will get {$0.00} with unlimited potential expenses. Mitigate your losses. Abandon your claims.