Consumer complaint received 2024-11-14 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Spring Oaks Capital, LLC
State: TX

Complaint narrative:
Subject : Final Notice - Demand for Immediate Deletion of Invalid Debt and Cessation of Unlawful Collection Activities Dear CFPB and Spring Oaks Capital, I am submitting a formal, final response to contest Spring Oaks Capitals unauthorized reporting and collection actions on an alleged account. Despite multiple requests for documentation substantiating the legitimacy of this account, Spring Oaks has failed to provide proof that I, XXXX XXXX, am legally obligated to this debt. Instead, the documents submitted are riddled with redactions, discrepancies, and critical omissions, in violation of federal and Texas consumer protection laws. THIS IS CLEAR FRAUD AND DECEPTIVE. 

1. Violation of Texas Debt Collection Law ( Texas Finance Code, Chapter 392 ) Under Texas Finance Code 392.202 ( a ), any debt collector must cease collection efforts if a consumer disputes the validity of a debt until verified documentation of the debt is provided. To date, Spring Oaks has submitted : Unsigned Documentation : The alleged agreement lacks my signature in the borrower section, rendering it invalid as per Texas Business and Commerce Code 26.01, which requires certain contracts to be in writing and signed.

Incomplete Identification Details : The submitted documentation includes no Social Security Number, date of birth, or any information verifying my identity as the borrower.

Redacted Bill of Sale and Assignment : The alleged Bill of Sale and Assignment are highly redacted and do not specifically identify any account under my name, thereby failing to prove Spring Oaks right to collect or report this debt. 
This failure to provide adequate verification violates Texas state law and necessitates an immediate cessation of all collection activities. 
2. FDCPA Violations ( 15 U.S.C. 1692 et seq. ) Under the Fair Debt Collection Practices Act ( FDCPA ) 1692g ( b ), a debt collector must cease collection efforts upon a written dispute unless and until they provide verification of the debt. The FDCPA mandates that verification include substantial proof of the debts validity, which Spring Oaks has not provided. Specific FDCPA violations include : Misrepresentation of the Debt : As per FDCPA 1692e ( 10 ), it is unlawful to use false representations to collect a debt. The documentation provided does not verify any contractual obligation or legal liability on my part. This misrepresentation further violates FDCPA 1692e ( 2 ) ( A ), which prohibits the false representation of the legal status of a debt. 
Unauthorized Access to Personal Information : Under FDCPA 1692c and 15 U.S.C. 1692e ( 8 ), any unauthorized or unverified access to and sharing of personal information is prohibited. Spring Oaks has accessed and reported my private information without legal basis or consent, constituting a breach of privacy.

3. FCRA Violations ( 15 U.S.C. 1681 et seq. ) The Fair Credit Reporting Act ( FCRA ) obligates data furnishers to ensure accuracy in credit reporting. Violations include : Reporting of Unverified Information : As per FCRA 1681s-2 ( a ) ( 1 ), information furnished to credit bureaus must be accurate and verifiable. Spring Oaks has continued to report this alleged debt despite my contest of its validity and without providing adequate verification. This unverified reporting constitutes a willful or negligent violation of FCRA 1681n and 1681o.

Failure to Correct Inaccuracies : Under FCRA 1681i ( a ), furnishers of information must conduct a reasonable investigation upon dispute. The provided documents not only lack sufficient evidence of an obligation but also contain contradictory dates and missing signature disclosures. The continued reporting of this inaccurate information is in direct violation of the FCRA and has caused significant damage to my creditworthiness and reputation.

4. Additional Discrepancies and Privacy Violations The documentation provided by Spring Oaks Capital further raises concerns of potential fabrication and privacy infringement : Inconsistent Dates : The alleged electronic signing date of XX/XX/XXXX, conflicts with the " consumer disclosure and consent '' date of XX/XX/XXXX XXXX XXXX indicating possible document tampering. 
Privacy Breach : Under the XXXX XXXX XXXX XXXX XXXX XXXX, financial institutions are prohibited from accessing personal information without authorization. Spring Oaks unauthorized access to my personal data is an invasion of my privacy, especially as it lacks any valid debt documentation. 
Final Demand for Resolution Due to Spring Oaks Capitals repeated failure to provide legitimate documentation validating this debt, I demand the following actions : Immediate Deletion : Cease reporting of this account to all credit bureaus within 15 days of receipt of this notice. 
Cessation of Collection Activities : Immediately stop all collection efforts on this disputed and unverified debt as required by the FDCPA and Texas Finance Code.

Formal Confirmation of Deletion and Cessation : Provide written confirmation that this account has been permanently deleted from all credit reporting agencies and that no further collection actions will be taken. 
Notice of Intent to Escalate Failure to comply with this demand within the specified time frame will result in further action, including but not limited to : Filing additional complaints with the CFPB, FTC, Texas Attorney General, and the Department of Banking.

Pursuing legal action for damages under FDCPA 1692k, FCRA 1681n and 1681o, and Texas Finance Code Chapter 392, for the maximum allowable statutory damages and recovery of all associated costs. 
This is your final opportunity to resolve this matter by deleting the account and ceasing all unlawful collection practices. Should you fail to do so, I will seek the full extent of legal remedies available. 
Sincerely,

Company response to consumer: Closed with non-monetary relief