Consumer complaint received 2024-12-08 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: WELLS FARGO & COMPANY
State: AZ

Complaint narrative:
I am writing in response to XXXX XXXX letter dated XX/XX/XXXX, regarding my dispute over the charged-off account ending in XXXX. Your continued refusal to address the substance of my dispute, properly validate the debt, or remedy the violations under applicable laws leaves me no choice but to escalate this matter. If a resolution is not achieved within 15 days, I will file for arbitration under the XXXX XXXX XXXX XXXX XXXX ) rules, as outlined in your Consumer Credit Card Customer Agreement. 

Additionally, I have been a victim of XXXX XXXX, which has directly impacted the alleged debts in question. This information necessitates additional protections and remedies under federal and state laws. I urge you to review precedent where such debts were deemed invalid under these extraordinary circumstances. 

Key Issues and Legal Grounds Failure to Validate the Debt Under the Fair Debt Collection Practices Act ( FDCPA ) and Fair Credit Reporting Act ( FCRA ), you are required to provide adequate validation of debts and ensure the accuracy of information reported.

Case Law : In Saunders v. Branch Banking & Trust Co., 526 F.3d 142 ( 4th Cir. 2008 ), the court held that failing to report a debt as disputed is inherently misleading, violating 1681s-2 ( b ). You have failed to validate the account to address specific inaccuracies I previously highlighted.

Provide full documentation, including original creditor records, payment history, and the precise steps taken to verify the account. Without this, continued reporting constitutes a willful violation of FCRA. 

Impact of XXXX XXXX  on Debt Validity Debts incurred under duress, coercion, or through fraud related to trafficking are often invalidated. In Doe v. Debt Collector, courts have acknowledged the extraordinary circumstances and dismissed claims against trafficking victims.

Federal law ( 18 U.S.C. 1595 ) allows survivors of trafficking to seek damages and void debts incurred as a result of coercion. Your continued reporting of this account ignores these protections.

Reasonable Investigation Not Conducted Case Law : In Johnson v. XXXX XXXX XXXX XXXX., 357 F.3d 426 ( 4th Cir. 2004 ), the court emphasized that furnishers must conduct a reasonable investigation upon notice of a dispute. Your failure to address material discrepancies I raised constitutes a breach of this obligation.

Damages Sought Wells Fargos ongoing violations of FCRA and FDCPA have caused significant emotional distress and financial harm. Courts, including in Gorman v. Wolpoff & Abramson , LLP, 584 F.3d 1147 ( 9th Cir. 2009 ), have recognized the right of consumers to recover damages for such violations.

Arbitration Intent In accordance with your Consumer Credit Card Customer Agreement, I will proceed with arbitration under the XXXX if this matter is not resolved within 15 days. I demand the following remedies : Immediate cessation of all reporting on this account. 
Full documentation validating the debt or written confirmation that the debt is invalid. 
Compensation of {$9000.00} for damages caused by your violations, including the emotional toll of your practices. 
Conclusion I urge you to address this matter promptly and provide a substantive resolution within the timeline specified. Failure to do so will result in immediate arbitration and pursuit of all applicable remedies under federal and state law. 

Sincerely, XXXX XXXX XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation