Consumer complaint received 2025-08-14 00:00:00
Product: Payday loan, title loan, personal loan, or advance loan — Installment loan
Issue: Problem when making payments — 
Company: Affirm Holdings, Inc
State: HI

Complaint narrative:
XX/XX/XXXX XXXX writing to express concern of the likely illegal actions of Affirm + XXXX XXXX over my past due accounts ; ( $ XXXX ) and to demand their immediate cessation ; as well as forgiveness of all debt. 

The Situation - Part One Please reference my earlier complaint to the XXXX, from about XX/XX/XXXX; which referenced my personal hardship but did NOT reference Affirm and Shop Pays ongoing illegal collection activities. 

This includes dozens of unauthorized automated billing attempts, through an account that, oddly, my former bank ( XXXX XXXX has ALSO refused to close. 

This complaint is about Affirm and XXXX XXXX continuing to attempt dozens of direct debits ; after permission was revoked via numerous phone calls + direct CFPB complaint. 

I emailed Affirm XXXX with copious documentation about lost income and a request for an extension, in XXXX, XXXX I called them twice about the same situation. I was told I had to stay on the phone for up to XXXX hours to maybe get a XXXX month extension ; also in XXXX or XXXX, XXXX I submitted an initial report to the CFPB on XX/XX/XXXX, including dozens of pages of documentation. 
It is now XXXX  days since my initial complaint to Affirm and XXXX weeks since my initial CFPB filing, and affirm has not only not responded, they are also continuing illegal collection activities. 
Affirm has records of all of this, which a judge could likely bring into court. 

This complaint is different from the first XXXX, as I am now citing the laws that Affirm has violated. And using that to declare this debt null and void ; and to request its immediate forgiveness. 

This is in Affirms highest interests, so that they do not get taken into court. 

The Situation - the back story From early XXXX through XXXX or XX/XX/XXXX ; I took out a number of installment loans with both Affirm and XXXX XXXX. At the time I had the means to repay them, and they were taken out in good faith. I repaid early and quickly, including the payment of high interest fees. 

In early XXXX this year I suffered a massive loss of income. {$22000.00} to be exact. This income loss is documented in my other case, however, for clarity, I will also document it here. ( I have an online coaching business and a client bailed on the bulk of a {$27000.00} contract ). 

Many of the loans I took on were on the premise of this income happening ; and based on that as ability to repay. I have documentation of the original client contract and her subsequent cancellation. 

_____________ In mid- XX/XX/XXXX, I realized that continuing to attempt to repay the Affirm and XXXX XXXX loans was not going to happen, if I intended to eat and keep my home. So I emailed Affirm twice with copious documentation and asked for an extension. 
I also posted on XXXX. 

Affirm told me to call them .So I did, not once, but twice. 
And on both calls I was told that the ONLY path was to stay on the phone for up to XXXX hours to maybe get a XXXX month extension. Affirm has recordings of these calls that could be brought into court. Both calls were made from my personal cell phone number, XXXX, and were either in XXXX or XX/XX/XXXX. 

On both calls, I explained my situation and merely asked for loan extensions. I had lost {$22000.00}. I was willing to try to fix it and pay. But in order to stay fed and housed, that needed to happen.later. On each call, Affirm told me that the ONLY way to make this happen was to listen to XXXX plus loan extension agreements, a process which, if my math was correct, would have taken XXXX to XXXX hours and MAYBE - not definitely - created a 1 month extension. 

_________ It was at this point, on XX/XX/XXXX, that I filed my initial report with the XXXX. A report that had all documentation of my clear legal name, calls with Affirm, and lost income. 

Also a report to which XXXX weeks later Affirm has not yet responded to ; despite the fact that my earlier communications with them were in XXXX, XXXX. 

And, as of XX/XX/XXXX I, still watching my emails fly by, with dozens of attempted charges from both Affirm and XXXX XXXX, and threats to send me to collections. ( I have attempted to close the original bank account that they were connected to, with no avail. For security reasons I will send screenshots of my emails. ) The Laws Violated, in Affirm + Shop Pays Collection Activities Federal Electronic Fund Transfer Act ( EFTA ), 15 U.S.C. 1693e, and Regulation E Prohibits initiating an electronic debit without valid authorization and requires prompt honoring of revoked authorizations. Affirm/Shop Pays continued debits after explicit revocation constitutes a violation.

CFPB Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP ), 12 U.S.C. 5531, 5536 Persistently attempting withdrawals after notice, and requiring unreasonable barriers ( XXXX hours of call time ) to process an extension, meets the statutory definition of unfair and abusive. 
Federal- Lack of updating legal name ( documents emailed XX/XX/XXXX ) Fair Credit Reporting Act ( FCRA ), XXXX U.S.C . 1681s-2 ( a ) Requires furnishers of information ( like Affirm ) to ensure accuracy in the data they report to credit bureaus. They are reporting debts under a name that is no longer legally correct after youve notified them and provided proof. This is furnishing inaccurate information.

UDAAP ( Unfair, Deceptive, or Abusive Acts or Practices ), 12 U.S.C. 5531, 5536 Continuing to use the wrong name after youve provided legal documentation could be considered deceptive because it misrepresents my identity in official communications and could impact my ability to manage or dispute the account. 

Hawaii State Haw. Rev. Stat. 480-2 Prohibits unfair or deceptive acts or practices in trade or commerce. Continuing to bill an account after explicit written and verbal revocation is an actionable violation under this statute.

Haw. Rev. Stat. 480D-3 Prohibits a debt collector from continuing collection efforts, including repeated electronic debit attempts, after receiving written notice from the consumer to cease such attempts. Affirm/Shop Pays continued debits after multiple written and verbal notices to stop and after a CFPB complaint are consistent with prohibited collection conduct under this section. 


Established Enforcement Precedent : In XX/XX/XXXX, the Hawaii XXXX XXXX XXXX XXXX XXXX reached a settlement with XXXX XXXX XXXX XXXX for unauthorized withdrawals from consumer accounts, confirming that state regulators treat such conduct as unlawful and subject to enforcement. 
Hawaii State- Failure to update correct legal name. 
Haw. Rev. Stat. 487A-3 ( Records of Personal Information ) State law requires businesses to maintain accurate personal records once corrected information is provided. Willfully failing to update your name is compliance issue under this section.

Company response to consumer: Closed with explanation