Consumer complaint received 2017-05-04
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: SYNCHRONY FINANCIAL (CA)

XXXX   XXXX  ( owned by  XXXX   XXXX   XXXX   ) is  falseley reporting a collection account on my credit report to  XXXX  and  XXXX . I sent a debt validation/dispute letter via certified mail in   XX/XX/XXXX ,  and  XXXX   XXXX  responded, but they sent no verification.  XXXX   XXXX  's response letter included  23   violations of the California Fair Debt Practices Act ( CFDCPA pursuant to California Civil Code Division 3, Part 4 Title 1.6., 1.6C., 1.6C5., and 2.97. In addition,   XXXX   XXXX   also violated 5 corresponding federal violations under the Fair Debt Pracitces Act ( FDCPA ), which are enforceable under  state law in small claims pursuan t to the Rosenthal Act.   <P/> As a result, I followed up with a second letter in   XX/XX/XXXX   acting in a good faith effort to resolve the issue.  XXXX   XXXX  responded with a carbon copy version of their first response. It was apparent that nobody read my second letter, nor did they care to comment on th eir 23 California  state law violations  of the CFDCPA.   I gave  XXXX   XXXX  courtesy calls to discuss a resolution, but once again they refused to verify the debt or remove it from my credit reports.  <P/>  In  XX/XX/XXXX  I file d a small claims lawsuit against  XXXX   XXXX  (  XXXX   XXXX   XXXX   ) i n the state of California.  XXXX   XXXX  promptly made a motion to vacate the proceedings based upon an existing bankruptcy filing on their behalf. Therefore, as required by law, the judge had no choice but to vacate the hearing, because  XXXX   XXXX  has indeed filed for bankruptcy as of   XX/XX/XXXX .   <P/> I once again reached out to  XXXX   XXXX  and asked them to remove the debt due to their bankruptcy status, but they said they would continue to collect debt while actively filing for bankruptcy.  <P/> At this point, no consumer in the United States has any legal recourse against  XXXX   XXXX  due to their bankruptcy status. Which means that they have all the freedom in the world to violate any and all laws under the  Fair Debt Collections Practices Act, and nobody can sue them for  their violations due to their bankruptcy status. I can not believe this is legal, because this debt collection company has free reign to violate all debt collection laws at will now that they have filed bankruptcy.  <P/> I request that the CFP B review my documents and verify the 23  violations of the  CFDCPA c ommitted by  XXXX   XXXX , and pursue regulatory actions against this entity for its calculated violations.  XXXX   XXXX  is violating the law in an effort to increase their ability to collect debts with no legal accountability to consumers due to the protection provided by their current bankruptcy status.  <P/> Upon the conclusion of a successful investigation by the CFPB, where they were to find no verification of this erroneous debt ; I would hope that the CFPB can enforce an injuctive action against  XXXX   XXXX  requiring them to remove the false debt from my credit reports.  <P/> These ar  e the CFDCPA violations c ommitted by   XXXX   XXXX   : California Civil Code Division 3 Part 4 : Title 1.6. : 1 ) 1785.25 ( a )   XXXX   XXXX   furnished inaccurate information to the CRA 's 2 ) 1785.25 ( c ) continued reporting to CRA 's without marking account " disputed '' 3 ) 1785.26 ( b ) never sent notice before reporting negative information 4 ) 1785.26 ( c ) did not mail negative info notice within 30 days of reporting 5 ) 1785.26 ( d )   XXXX   XXXX   liable for the previous violations 6 ) 1785 .30    XXXX   XXXX   did not acknowledge demand/dispute within 30 days Title 1.6C. : 7 ) 1788.17 pursuant to the Rosenthal Act all FDCPA violations are inclusive : 8 ) 8 07 ( 2 ) ( A ) False representation of character amount 9 ) 807 ( 8 ) failure to communicate a disputed debt as disputed 10 ) 807 ( 10 ) use of false representation to collect a debt 11 ) 807 ( 11 ) 1st communication failed to disclose " this is a debt collector '' 12 ) 808 ( 1 ) collection of amount not authorized by agreement Title 1.6C.5.
13 ) 1788.52 ( a ) Failed to possess mandatory documents prior to communication 14 ) 1788.52 ( a ) ( 1 ) failed to provide proof of sole ownership of debt 15 ) 1788.52 ( a ) ( 2 ) failed to separately identify the charge-offed balance 16 ) 1788.52 ( a ) ( 3 ) failed to note the date of default and the date of last payment 17 ) 1788.52 ( a ) ( 4 ) failed to provide original creditor info ( acct #, name & address ) 18 ) 1788.52 ( a ) ( 5 ) failed to provide my name and address at time of charge off 19 ) 1788.52 ( a ) ( 6 ) failed to provide name & address of previous debt owners 20 ) 1788.52 ( b ) failed to provide copy of contract or monthly statement 21 ) 1788.52 ( d ) ( 1 ) failed to include " you may request '' notice in 1st communication 22 ) 1788.52 ( d ) ( 2 ) failed to include time barred debt notice in 1st communication Title 2.97. : 23 ) 1812.700 ( a ) failed to include Rosenthal Act notice in 1st comm  unication