Consumer complaint received 2025-06-06 00:00:00
Product: Debt collection — Credit card debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: SYNCHRONY FINANCIAL
State: KS

Complaint narrative:
Summary Im filing this complaint against XXXX XXXX XXXX XXXX XXXX . ( XXXX XXXX XXXX ), a debt collector representing Synchrony Bank in a lawsuit against me ( XXXX XXXX. XXXX ) in XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX  XXXX has engaged in misleading and deceptive practices in violation of the Fair Debt Collection Practices Act ( FDCPA ), including failing to validate the debt after my request, continuing legal action during a pending validation request, making false statements to the CFPB about pausing litigation, and denying their FDCPA liability. 
In early XX/XX/XXXX, after discovering through the XXXX XXXX courts website that a lawsuit may have been filed against me, I sent two written communications to XXXX XXXX XXXX XX/XX/XXXX and XX/XX/XXXX, XXXX XXXX in good faith despite not receiving prior notice ( Exhibit A Debt dispute and conditional settlement offer sent to XXXX XXXX XXXX on XX/XX/XXXX ; Exhibit B Follow-up communication sent to XXXX XXXX XXXX on XX/XX/XXXX ). In these communications, I made no admission of liability, stated my intent to understand the legitimacy and details of the claim, made a conditional settlement offer, and formally requested debt validation under the FDCPA. I set a deadline of XX/XX/XXXX, for their response. XXXX XXXX XXXX ignored both communications, providing no response, no debt validation, and no acknowledgment by the deadline or thereafter. I was then served with court papers on XX/XX/XXXX, without any prior or subsequent response from XXXX XXXX XXXX ( Exhibit C Proof of service dated XX/XX/XXXX ). 
On XX/XX/XXXX, in response to my prior CFPB complaint ( ID : XXXX ), XXXX XXXX XXXX falsely stated to the CFPB : Contrary to XXXX XXXX XXXX XXXX XXXX XXXX  XXXX did not continue legal action against him, implying they had paused litigation as required under XXXX U.S.C. XXXX ( b ) after my validation request ( Exhibit D XXXX XXXX XXXX response to CFPB complaint, dated XX/XX/XXXX ). This statement is false and misleading because : XXXX. XXXX XXXX XXXX had already filed the lawsuit on XX/XX/XXXX, prior to my validation request, but continued legal action after receiving my request without providing validation. 
XXXX. I was served with process on XX/XX/XXXX, after XXXX XXXX XXXX received my validation request on XX/XX/XXXX, and without pausing litigation or responding to my request. 
XXXX. XXXX XXXX  XXXX continued legal action by filing a Motion to Dismiss my counterclaims on XX/XX/XXXX, and proceeding to a hearing on XX/XX/XXXX, without pausing litigation or providing the requested validation ( Exhibit E Motion to Dismiss filed by XXXX XXXX  XXXX on XX/XX/XXXX ). 
XXXX XXXX  XXXX also attempted to shift blame to the court and sheriffs office, stating in their XX/XX/XXXX response to the CFPB : XXXX XXXX  XXXX has no control over the actions of the Court or the Sheriffs Department. This is a deceptive effort to evade FDCPA liability, as XXXX XXXX XXXX remains the initiating party in the collection process and legal action. Their assertion that they paused the case is not reflected in the court timelineat no time did they withdraw the lawsuit or notify me or the court of a pause in proceedings. 
Additionally, in their Motion to Dismiss filed on XX/XX/XXXX, XXXX XXXX  XXXX asserted that they are not subject to the FDCPA, suggesting that the protections under the law do not apply to their actions ( Exhibit E ). This is a legally unsound position for a debt collection law firm, as confirmed by their own admission in a XX/XX/XXXX, email to me stating : This communication is from a debt collector and is an attempt to collect a debt ( Exhibit F Email from XXXX XXXX XXXX, dated XX/XX/XXXX ), and by precedent in XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ), which holds that attorneys regularly engaging in debt collection through litigation are subject to the FDCPA. 
Violation Summary XXXX XXXX XXXX  actions constitute multiple violations of the FDCPA : Failure to Provide Validation of Debt Prior to Service : XXXX XXXX XXXX failed to validate the debt after my XX/XX/XXXX, request, violating XXXX U.S.C. XXXX ( a ) and ( b ). 
Misrepresentation to a Federal Agency : XXXX XXXX XXXX false statement to the CFPB on XX/XX/XXXX, that they did not continue legal action against me violates XXXX U.S.C. XXXX and potentially XXXX U.S.C. XXXX ( False Statements to a Government Agency ). 
Continuing Legal Action During a Pending Validation Request : XXXX XXXX  XXXX continued litigation after my validation request, including serving me on XX/XX/XXXX, filing a Motion to Dismiss on XX/XX/XXXX, and proceeding to a hearing on XX/XX/XXXX, without pausing as required under XXXX U.S.C. XXXX ( b ). 
False or Misleading Representations About Pausing Action : XXXX XXXX XXXX claim to the CFPB that they paused litigation is false, violating XXXX U.S.C. XXXX ( 10 ), which prohibits the use of false representations in debt collection. 
Refusal to Acknowledge Consumer Dispute Communications : XXXX XXXX  XXXX ignored my XX/XX/XXXX and XX/XX/XXXX communications, failing to acknowledge my dispute or provide validation, further violating XXXX U.S.C. XXXX. 
Attempt to Sidestep FDCPA Application : XXXX XXXX XXXX assertion in court filings that they are not subject to the FDCPA is a deceptive attempt to evade liability, despite their clear status as a debt collector under XXXX U.S.C. XXXXa ( 6 ). 
Impact of XXXX XXXX XXXX XXXX XXXX XXXX XXXX deceptive practices and FDCPA violations have caused me significant stress, financial hardship, and difficulty defending myself in court. Ive had to take time off work and incur expenses to fight this lawsuit, and their failure to pause litigation and validate the debt has prejudiced my ability to prepare for court proceedings, including the hearing on XX/XX/XXXX. Im concerned XXXX XXXX  XXXX will continue these practices against me and other consumers if not held accountable.

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