Consumer complaint received 2024-07-04
Product: Payday loan, title loan, personal loan, or advance loan — Installment loan
Issue: Problem when making payments — 
Company: Affirm Holdings, Inc (SC)

I am writing to file a formal complaint against Affirm, detailing their egregious violations of the Fair Debt Collection Practices Act ( FDCPA ) and other applicable laws as established by congressional findings. Affirms relentless and harassing behaviors and communications via email, text, and phone calls from XX/XX/XXXX to XX/XX/XXXX have caused me XXXX XXXX and XXXX. Their actions have resulted in the following violations : XXXX. Abusive Debt Collection Practices ( 15 U.S.C. 1692d ( 1 ) : - From XX/XX/XXXX to XX/XX/XXXX, Affirm engaged in abusive debt collection practices by making over XXXX threats to ruin my reputation by reporting late payments. See Exhibit XXXX. These threats were not only unnecessary but also deeply unsettling. This conduct violates 15 U.S.C. 1692d ( 1 ), which prohibits behavior intended to harass, oppress, or abuse any person in connection with the collection of a debt. I did not attach emails as there were too many to attach. 

XXXX. Contacting at Inconvenient Times Without Consent ( 15 U.S.C. 1692c ( a ) ( 1 ) ) : - Affirm repeatedly contacted me at times I consider inconvenient and unusual without my direct consent. Between XX/XX/XXXX and XX/XX/XXXX, I received over XXXX emails, and from XX/XX/XXXX to XX/XX/XXXX, they bombarded me with over XXXX calls accompanied by numerous text messages. These incessant communications, made without my consent, violated 15 U.S.C. 1692c ( a ) ( 1 ) and left me feeling harassed and overwhelmed. 

XXXX. Making False and Misleading Representations ( 15 U.S.C. 1692e ( 5 ) ) : Affirm has violated 15 U.S.C. 1692e ( 5 ) by making false and misleading representations in their communications. Specifically, Affirm made threats to take actions that they can not legally take or do not intend to take, including threats to ruin my reputation by reporting late payments despite my opt-out of sharing my non-public information submission as per 15 U.S.C. 6802. This conduct was not only deceptive but also incredibly stressful for me. According to 15 U.S.C. 1692e ( 5 ), it is illegal for a debt collector to make threats about actions that they can not legally take or do not intend to take. The law clearly states that transactions or experiences between the consumer and the person making the report are not to be included in consumer reports. A late payment represents an experience with the line of credit extended between the consumer and the entity. Congress has explicitly prohibited the reporting of such transactions or experiences between the consumer and the entity making the report from being included on the consumer 's reports ( 15 U.S.C. 1681a 2 ( A ) ( i ) ). Therefore, affirms actions constitute a violation of 15 U.S.C. 1692e ( 5 ) by making false and misleading representations about actions they can not legally take or do not intend to take.

4. Harassment and Annoyance ( 15 U.S.C. 1692d ) : - Affirm has continuously and intentionally harassed and annoyed me by repeatedly calling from different phone numbers several times throughout the day and threating to ruin my reputation. This persistent and unwelcomed behavior was a clear attempt to harass, oppress, and abuse me, violating 15 U.S.C. 1692d. The constant barrage of calls and context of their messages has caused me significant XXXX  XXXX  and XXXX.