Consumer complaint received 2022-10-05
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: TD BANK US HOLDING COMPANY (PA)

I have recently discovered that there have been deceptive and unfair business practices by TARGET CORPORATION regarding my consumer credit card account and I wanted to formally make a complaint regarding the matter. 

I discovered that paying a debt with federal reserve notes to discharge or extinguish the debt is against public policy according to HJR 192 public law 73-10. 

After doing some research and reading over the agreement issued by TARGET, I realized that I have been misled and full disclosure was not given in accordance with the TRUTH IN LENDING ACT. TARGET has been actively engaged in unfair business practices, misrepresentation of MATERIAL DISCLOSURES and EXTORTION, TARGET did not enter the transaction with clean hands. 

The first thing I found after reading the TRUTH IN LENDING ACT was that finance charge is the SUM of all charges in a consumer credit transaction and no cash payments is to be induced from the consumer. 

Account is defined as follows ( 2 ) the term account means a demand deposit, savings deposit, or other asset account ( other than an occasional or incidental credit balance in an open end credit plan as defined in section 1602 ( i ) [ 1 ] of this title ), as described in regulations of the Bureau, established primarily for personal, family, or household purposes, but such term does not include an account held by a financial institution pursuant to a bona fide trust agreement ; Each time a payment is requested in connection with a consumer credit transaction I realized a billing error occurred when the balance is more than {$1.00}. The amount financed and the unpaid balance have the same meaning. 

15 U.S. Code 1666b - Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose. The fact that late payment is being reported is another sign of billing error.

The billing error became a debt when TARGET breached their Fiduciary duty and took advantage of my uniformed use of credit, caused by an unconscionable agreement of a promise to pay. 

The agreement that stripped me of my rights where I received no consideration and allowed TARGET to engage in racketeering activities to coerce repayment on an extension of credit. 

The failure to provide the required disclosures by law, notices to opt out of sharing, reporting and the truth about extensions of credit must be given to consumers at consummation of the account. Of which I am not in receipt of any such documents. That leads me to believe that the extension of credit was made with the intent to extort monies and play off my ignorance. The negative information being reported to the non-affiliate third party corporation known as credit reporting agencies is proof of conspiracy and extortion by two or more. Once TARGET omitted known facts and stuck me with the unconscionable agreement, they have intentionally violated various Federal and State laws, and went against public policy.

I also discovered that Finacial institutions need consumers written consent to furnish or report any information to credit reporting agencies. 

I HAVE A RIGHT TO PRIVACY NO EXCEPTION! 

I also have a right to a fair and equitable credit reporting ; nonpublic personal information is supposed to be excluded from credit reports. 

Nonpublic personal information includes transactions between the consumer and the financial institution making the report. Furthermore, my consent is needed to furnish any report and my consent was not given. Implied consent hidden in an agreement is not consent, it must be clearly expressed. 

According to the EQUAL CREDIT OPPORTUNITY ACT any contract that forces a consumer to relinquish their rights is illegal and unenforceable. UNILATERAL CONTRACTS ARE UNENFORECABLE 15 usc 1693l No writing or other agreement between a consumer and any other person may contain any provision which constitutes a waiver of any right conferred or cause of action created by this subchapter.

12 cfr 1015.8 Waiver not permitted. 

It is a violation of this rule for any person to obtain, or attempt to obtain, a waiver from any consumer of any protection provided by or any right of the consumer under this rule. 

The agreement I signed to become a customer deceived me to agree to negative credit reporting, involve a debt collector if need be and sign over my dividends. TARGET intentionally set out to deceive me, it is their duty to inform and instruct me on what needed to be done ; I either had to pay every month on time or suffer the consequences. That is the exact violation and patterns of racketeering described in 18 usc 894 and 18 usc 1962 The agreement is causing a restraint of trade & commerce, congress said that the economic stabilization would be enhanced with the informed use of credit. TARGET intentionally set out to coerce me to repay extension of credit by jeopardizing my consumer credit reputation with other financial institutions. TARGET knew that they could induce me into repayment of a credit extension where they would benefit off my ignorance, undue influence leads to unjust enrichment!! 

15 usc 1602j open end consumer credit plan mean a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. So, if finance charge is computed on the unpaid balance why do I need to use federal reserve notes to make payments, when finance charge is the sum total of all charges 15 usc 1605a Finally, I learned under the XXXX XXXX XXXX  domestic mail manual it is a violation to send non mailable matter without the required disclosures, if it is deposited in the mail, it should have the required disclosure clear and conspicuous. 

600 Basic Standards for All Mailing Services 9.1 Solicitations in Guise of Bills, Invoices, or Statements of Account ( 39 USC 3001 ( D ) ; 39 USC 3005 ) 9.1.1 General Any otherwise mailable matter that reasonably could be considered a bill, invoice, or statement of account due, but is in fact a solicitation for an order, is nonmailable unless it conforms to 9.1.2 through 9.1.5. A nonconforming solicitation constitutes prima facie evidence of violation of 39 USC 3005. Compliance with this section does not avoid violation of Section 3005 if any part of the solicitation or any information with it misrepresents a material fact to the addressee ( e.g., misleading the addressee about the identity of the sender of the solicitation or about the nature or extent of the goods or services offered may be a violation of Section 3005 ).