Consumer complaint received 2024-03-20
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Express Collections, Inc. (MA)

Notice To Agent Is Notice To Principle Notice to Principle Is Notice To Agent RE : Violations of Consumer Laws and FTC laws/guidelines To whom it may concern, BE ADVISED, this is not a refusal to pay. I dont accept or deny this debt account, and this is not a request of validation of this debt account. Im writing you to let you know that youve violated FTC laws/guidelines and my consumer rights.

According to the Gramm-Leach-and-Bliley, Also known as the Financial Services Modernization Act of XXXX, Debt collectors are Financial Institutions. Why is this important? Let me explain.

According to 15 USC 6802- Obligations with respect to disclosures of personal information, ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 


Your company has not given me two of the three legal disclosures a Financial Institution. I never received a disclosure letting me know I direct that such information not be disclosed to my consumer report, and I never received a disclosure giving me an explanation of how to exercise this right.

That means you created an account, using my non-public social security number, on my behalf without Permissible Purpose ( my written instructions ). This also means you knowingly possessed and transferred information to my consumer report without lawful authority to do so, which constitutes as IDENTITY THEFT! I AM ALREADY GOING THROUGH AN IDENITY THEFT SITUATION. I AM SICK OF YOU THIRD PARTY COMPANIES ACTIVLEY HELPING ENABLE IDENITY THEFT.

I AM NOW FACING IDENITY THEFT BY A PROFESSIONAL FRAUDSTOR, AND YOU GUYS ARE NO DIFFERENT.

18 USC 1028A-Aggravated Identity Theft ( a ) Offenses.

( 1 ) In general.

Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.

( 2 ) Terrorism offense.

Whoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.

Due to you not having Permissible Purpose to report anything to my consumer report, you are also in violation of 15 USC 1681N -Civil Liability for Willful Noncompliance .

a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a Permissible Purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.

If this account is sold or reassigned, I will still hold you accountable for using, possessing and transferring my information and I will seek Damages and/or Violations of {$1000.00} per violation for : NEGLIGENT ENABLEMENT OF IDENTITY THEFT DEFAMATION OF CREDIT WORTHINESS DEFMATION OF CREDIT CAPACITY DEFMATION OF CHARACTER AGGRAVATED IDENTITY THEFT per 15 USC 1028 VIOLATION OF 15 USC 6801- Protection of Nonpublic personal information VIOLATION OF 15 USC 6802- Obligations with respect to disclosures of personal information VIOLATIONS OF 15 USC 6803- Disclosure of institution privacy policy DAMAGES PER FAIR CREDIT REPORTING ACT 15 USC 1681N DAMAGES PER FAIR CREDIT REPORTING ACT 15 USC 1681O Mental Anguish VIOLATIONS OF 15 USC 1692 and ALL of its Chapters and subsections Massachusetts Consumer Protection Act ( Chapter 93A ) forbids unfair or deceptive practices by businesses and allows consumers to seek remedies for resulting harm. If a collection agency 's actions are deemed unfair or deceptive
towards individuals with XXXX. 

Express Collections Account File # XXXX I am willing to settle for XXXX and you do not have to pay attorney fees, or we can add my consumer lawyer to the situation and under FCRA you will pay him as well. YOUR CHOICE. I expect a settlement offer within 10 days of this notice or furhur legal action will be initiated. I have enclosed copies of you guys failing to abide to the law. Sending me irrelevant stall tactic letters. I AM SICK OF THIS.

Please note, I am asking for this account to be deleted, not closed.

IMPORTANT FCRA LAW QUOTE TO MAKE NOTE OF [ ldentity theft is only possible with the full cooperation of three major participants : the impostor, the creditor and the credit bureau. All are coconspirators and equally guilty of identity theft. '' ' 6 Identity theft victims need to find a remedy from the parties that negligently enable the fastest growing white-collar crime in the Nation to occur.

I hope you understand the severity of situation. 

Best regards, XXXX XXXX