Consumer complaint received 2024-04-03
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: Cheadle Law Firm (TN)

On XX/XX/XXXX I was served a civil warrant between XXXX XXXX  & XXXX while I was sleeping. I work nights at my job. The collector wrongly assumed that was a convenient time to communicate with me when in fact it was not. This is a violation of 15 USC 1962c ( 1 ) The warrant is stated to be a civil action brought by XXXX XXXX XXXX XXXX, a debt collection law firm with which I have never been a client, for a suit on a sworn account for an alleged debt that states several thousands of dollars obtained from XXXX XXXX  ( my confidential financial information ) without my knowledge or authorization. This is a violation of the financial privacy acts of 1978 ; & 1974 ( 5 USC 552a ) ; The Gramm-Leach-Bliley Act ( 15 USC 6802 ) and 15 USC 1692b ( 2 ). 

It stated at the bottom that " This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector '' a violation of 15 USC 1692b ( 2 ). It has an attorney 's information on it which leads me to believe this is a debt collector violating my consumer protection right 15 USC 1692e ( 3 ). 

It is the first initial communication that I have received from the debt collector and it has nothing stating that I have a specific amount of time to answer or dispute the alleged debt, just a court date, in violation of 15 USC 1692g ( d ). The civil warrant served came exposed, ( no envelope ) with my information open to anybody who touched it to see, I have no idea how many people touched it before it made its way to me. a violation of 15 USC 1692b. 

I have been a customer of XXXX XXXX  since XXXX, maintaining personal banking accounts and loans with the institution. At no point did I provide written or verbal consent to XXXX to share my nonpublic personal financial information, such as loan account details, balances, or other records, with any unaffiliated third parties. Under 12 CFR 1016.7 ( a ) ( 1 ) and 16 CFR 313.7 ( a ) ( 1 ) Forms of opt-out notice to consumers ( I ) ( II ) & ( III ) : XXXX XXXX  is required to provide me a clear and conspicuous notice that accurately explains my right to opt before furnishing Any nonpublic information about my demographics, credit history, payment patterns, public records, or any other information used to assess creditworthiness or risk to any non-affiliated third party. They did not give me a reasonable opportunity to exercise this right to opt out. 
My confidential financial information was improperly obtained from XXXX XXXX, see exhibit XXXX Affidavit of assistant vice president XXXX and exhibits XXXX XXXX, and XXXX a previous complaint for unfair debt collection practices against this firm. 

I did not provide consent for XXXX XXXX  to disclose my private financial data to Cheadle Law firm, nor did I receive any notice that such information could or would be shared. The improper access and disclosure of my sensitive personal and financial information has caused me significant distress, anxiety, embarrassment, and fear of more types of identity theft or misuse of my private data. 

I believe the actions of XXXX XXXX  in allowing my financial records to be improperly accessed, and the action of Cheadle Law firm in obtaining those records without consent violated the Gramm-Leach-Bliley Act, my right to Financial Privacy Act, and Tennessee financial privacy laws . Under 18 USC 1028 ( a ) ( 7 ), it is a federal crime to knowingly transfer, possess, or use without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a federal crime or felony violation of state law. I am requesting that the CFPB investigate both XXXX XXXX  and XXXX XXXX XXXX XXXX XXXX firm debt collection practices, specifically these FDCPA, & FCRA violations : Falsely representing the character, amount, or legal status of an alleged debt 15 USC 1692e ( 2 ) ( A ) ; Using false representations and deceptive practices in connection with collection of an alleged debt 15 USC 1692e ( 10 ) Using unfair or unconscionable means against a federally protected consumer in connection with an attempt to collect a debt 15 USC 1692f ; Attempting to collect an amount from a federally protected consumer that is not expressly authorized by the agreement creating he debt 15 USC 1692f ( 1 ) Attempting to collect an amount from a federally protected consumer that is not permitted by law 15 USC 1692f ( 1 ) The Privacy Act of 1974 ( 5 USC 552a ) and 12 CFR 1016.1 Purpose and scope restricts agencies from disclosing an individual 's financial transaction information without their consent. 
Under 12 CFR 1016.4 ( a ) & 16 CFR 313.4 Initial privacy notice to consumers : Under 12 CFR 1016.7 ( a ) ( 1 ) & 16 CFR 313.7 ( a ) ( 1 ) Forms of opt-out notice to consumers ( I ) ( II ) & ( III ) : Section 604 ( a ) permits consumer reporting agencies to furnish consumer reports only when there is reason to believe the reports will be used for permissible purposes outlined in the section. Accessing a report without the consumer 's consent, initiation or benefit does not fulfill the " reason to believe '' threshold for a permissible purpose. 
Section 604 ( f ) prohibits any person, including report users, from obtaining or using consumer reports without first certifying the purpose is permissible under the FCRA. 

In the contexts of fraud and theft of my identity ; If a creditor, financial institution or other entity retrieves and uses someone's personal credit report without their permission, awareness or approval, that would directly contradict core privacy rights guaranteed under consumer protection laws. For example : ( i ) If a bank pulls a customer 's credit report to open a new account without asking that customer first, that goes against the customer 's right to control their financial information. ( ii ) If a lending company checks someone's credit history without their consent when they apply for a loan, that violates their right to make choices about their data. ( iii ) If a retailer accesses a consumer 's past credit card debts and payments behind their back, that breaches their right to keep their finances confidential.