Consumer complaint received 2025-10-09 00:00:00
Product: Debt collection — I do not know
Issue: Communication tactics — You told them to stop contacting you, but they keep trying
Company: Texas Guaranteed
State: KY

Complaint narrative:
Obligation of the Consumer Financial Protection Bureau to Enforce and Consequences of Failure Pursuant to the Consumer Financial Protection Act of 2010, the Consumer Financial Protection Bureau ( CFPB ) is vested with the statutory duty to enforce federal consumer financial laws, including protections under the Fair Debt Collection Practices Act and the Religious Freedom Restoration Act as they apply to debt servicing and collection. This obligation includes promptly investigating and initiating enforcement actions against entities, such as Trellis and XXXX, that engage in unlawful, deceptive, or abusive practices. Failure by the CFPB to fulfill this dutyespecially after formal notice and repeated complaintsconstitutes a dereliction of its statutory responsibilities and undermines the agencys mandate to protect consumers. Such inaction may be interpreted as tacit approval or aiding and abetting of ongoing violations and exposes the CFPB to legal challenges for failing to act in accordance with its enabling statutes and the Administrative Procedure Act. -- -- -- -- -- -- -- -- -- -- -- -- FACTUAL NOTICE & DEMAND FOR PAYMENT Office of Agent via CFPB Portal. 

Date : XX/XX/XXXX To : Board of Directors, Trellis Company To : XXXX XXXX, successor Board Chair, Successor Trellis Company To : XXXX XXXX, successor Board Vice Chair, Successor Trellis Company To : XXXX XXXX, XXXX., successor Immediate Past Chair, Successor Trellis Company To : XXXX XXXX, successor Board Member, Successor Trellis Company To : XXXX XXXX, successor Board Member, Successor Trellis Company To : XXXX XXXX XXXX, successor Board Member, Successor Trellis Company To : Welcome XXXX, XXXX, successor Board Member, Successor Trellis Company XXXX XXXX XXXX XXXX, Texas XXXX And : Board of Directors, XXXX  XXXX XXXX XXXX XXXX ( XXXX ) To : XXXX XXXX, XXXX successor, Executive Director / CEO, Successor of XXXX To : XXXX XXXX, successor ( public representative ) Chairman To : XXXX XXXX, successor Vice Chair To : XXXX XXXX, successor Treasurer To : XXXX XXXX, successor Secretary in individual and official capacities XXXX XXXX XXXX XXXX XXXX, MO XXXX XXXX : Final Notice Demand for Payment and Cease and Desist Due to Violations of Federal Law, Including the Do Not Call Registry ( 47 U.S.C. 227 ) To the Board of Directors of Trellis and XXXX, in your individual and corporate capacities : This letter serves as final written notice of your organizations unlawful behavior and demand for immediate payment and compliance. The subject individual an elderly XXXX veteran is registered on the Federal Do Not Call List and previously issued a clear Cease and Desist through Consumer Financial Protection Bureau.

Despite this, your entities made four unauthorized calls on : XX/XX/XXXX XX/XX/XXXX at XXXX XXXX  XX/XX/XXXX at XXXX XXXX  XX/XX/XXXX at XXXX These constitute three separate and willful violations of the Telephone Consumer Protection Act ( TCPA ) and applicable consumer protection laws.

Demand for Immediate Payment Per federal statutory guidelines, each violation carries a minimum statutory damage of {$1000.00}. The total due immediately is : {$1000.00} x 4 calls = {$4000.00} Payment must be received within 10 calendar days of this notice ( by XX/XX/XXXX ) to avoid further liability exposure.

Notice of Further Liability for Non-Compliance Failure to remit payment and cease all unlawful contact within the time stated above will serve as formal acknowledgment and consent to the following : Treble damages ( 3x statutory amount ) for continued or willful violations under 47 U.S.C. 227 ( b ) ( 3 ).

Potential civil conspiracy liability under the Pinkerton Doctrine, should coordination among directors or entities be substantiated.

RICO exposure under 18 U.S.C. 19611968 where patterns of harassment, fraud, or coordinated conduct may be demonstrated.

These references are included for notice purposes only. No specific legal conclusions or allegations of criminal wrongdoing are made at this time.

Legal Framework If Trellis and XXXX, after receiving a cease and desist order, conspired to continue their actions, they may be liable under : 42 U.S.C. 1985 ( 3 ) : Conspiracy to deprive rights.

Telephone Consumer Protection Act ( TCPA ) : Prohibits certain types of unsolicited marketing calls.

Fair Debt Collection Practices Act ( FDCPA ) : Restricts the actions of third-party debt collectors.

Each violation could potentially result in separate claims and damages.

Board members have fiduciary duties, including the duty of care and duty of loyalty. These duties require directors to act in good faith, with the care an ordinarily prudent person would exercise, and in a manner they reasonably believe to be in the best interests of the corporation. When board members are made aware of potential misconduct and fail to investigate or take corrective action, their silence can be interpreted as complicity. This failure to act may breach their fiduciary duties and expose them to legal liability.

Implications of Inaction If the boards of Trellis and XXXX were notified of the alleged violations and did not take appropriate action, this could : Signal tacit approval of the misconduct.

Undermine organizational integrity by failing to uphold ethical standards.

Expose the boards to legal liability for negligence or breach of fiduciary duties.

In such cases, courts may assess whether directors acted with informed judgment or exhibited reckless indifference to known risks. The business judgment rule, which typically protects directors from liability for decisions made in good faith, does not shield directors who consciously fail to monitor known risks.

Legal Assertion of violation of RFRA : We assert that Trellis and XXXX have violated our rights under the Religious Freedom Restoration Act ( RFRA ), 42 U.S.C. 2000bb-1. Despite prior notification, they have failed to cease actions that substantially burden our sincere religious exercise. Their negligence in this matter constitutes tacit approval of misconduct and a violation of our federally protected rights.

Legal Basis : Under RFRA, the government shall not substantially burden a person 's exercise of religion unless it demonstrates that the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest.

Penalties for Violation : While RFRA primarily provides for judicial relief through claims or defenses in legal proceedings, it does not specify criminal or civil penalties for violations. Enforcement typically involves injunctive relief or damages in civil suits. However, if the violation involves other statutes with specified penalties, such as the Telephone Consumer Protection Act ( TCPA ), additional penalties may apply.

Civil Actions : Individuals whose religious exercise has been burdened in violation of RFRA may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government entity.

Conclusion : We demand immediate cessation of all actions that infringe upon our religious rights. Failure to comply within 10 days will result in legal action seeking appropriate relief, including potential claims under RFRA and related statutes.

Board Member Liability & Piercing the Veil As Trellis is the parent company of XXXX, and both have received prior warnings, individual Board Members are now on record. Continued willful misconduct, particularly after this formal notice, may support a claim to pierce the corporate veil and pursue individual accountability for damages arising from your actions or inactions.

Final Demands You are hereby instructed to : 1. Remit payment of {$4000.00} within 10 calendar days of this letter.

2. Cease and desist all future contact, direct or indirect.

3. Remove the affected partys information from all internal and affiliate databases.

4. Provide written confirmation of compliance by the deadline.

Failure to respond or comply will constitute further evidence of bad faith, and appropriate escalation will be pursued without further notice.

Sincerely, OFFICE OF AGENT

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation