Consumer complaint received 2024-04-05
Product: Debt collection — Auto debt
Issue: Communication tactics — Frequent or repeated calls
Company: ALLY FINANCIAL INC. (NJ)

Ally Financial Inc., Ally Bank, FDIC XXXX # XXXX, ( referred to further as " Ally Bank '' has contacted me numerous times in connection to a debt not owed by me, but owed by XXXX of my family members. I have never been a customer of Ally Bank, never gave my information to Ally Bank, never consented to communications with Ally Bank, and do not hold any debts or loans with Ally Bank. 

They have called my personal cell phone multiple times, despite the fact that I have never given them my personal information, told their representatives to cease communication, and have not consented to receive calls. The numbers called from were XXXX, XXXX, and XXXX ( XXXX ) XXXX. These numbers were identified via caller ID as Ally Bank, and the representatives who were calling identified themselves as representatives of said bank. These numbers can further be confirmed as directly connected to the bank in question via a simple internet search engine. 

I have also received unsolicited text messages, and voice mails from their representatives, again, without ever consenting to such communication, and never releasing my personal information the debtor in question, Ally Bank. I was further sent transcripts of these voice mails to my personal cell phone line, which you can find below, as one can only assume this a script being used on other non-consumers. 

" This message is is for NAME, I'm XXXX XXXX and I'm calling in reference to FAMILY MEMBER NAME. Please give me a return call at XXXX extension XXXX. Calling you in reference to FAMILY MEMBER NAME. Thank You. '' Upon the third phone call today, which I received at XXXX XXXX from XXXX on XXXX, XXXX, XXXX, I told the representative that I never consented to this communication, have already asked their representatives to cease communication, and do not believe this practice to be legal under the FDCPA. The representative told me they were sorry, and they must have dialed an incorrect number, despite referring to myself, and my family member using their first and last name. 

I believe Ally Bank, in taking these actions, to be in violation of section 804-3, 805-b, 805-d, 806-5, and 807-10 of the Fair Debt Collection Practices Act.

After communicating that I did not wish to receive communication from them, they continued, and this is provable via phone call logs. ( violation of 804-3, not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information ; ).

As I never gave consent to be contacted by Ally Bank, never shared my personal details with Ally Bank, and hold no debts with Ally Bank, they are in violation of 805-b ( without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, ) As I am not by relation the spouse, parent ( if the consumer is a minor ), guardian, executor, or administrator of the Family Member currently in a financial relationship with Ally Bank , I do not qualify as a Consumer under the FDCPA, and should never have received communications from them in an attempt to collect a debt.

They are further in violation of 806-5, as they are " Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. '' This is clear harassment, from a large, federally insured financial institution '', as they are calling from multiple phone numbers, and leaving voice mails and text messages on a private cell phone line that never consented to receive communications. 

Ally Bank has provably undertaken a practice which under federal law violates consumer rights to privacy, protection, and abuse. As such they should be penalized under the full extent of the law.