Consumer complaint received 2025-11-07 00:00:00
Product: Payday loan, title loan, personal loan, or advance loan — Installment loan
Issue: Problem when making payments — 
Company: CHERRY TECHNOLOGIES INC.
State: TX

Complaint narrative:
What happened : On XX/XX/year>, I attended a {$79.00} consultation at XXXX and financed a {$5300.00} XXXX XXXX through Cherry Technologies , Inc. ( servicer for XXXX XXXX ). I canceled all sessions on XX/XX/year> before any services began. My XXXX membership records show XXXX sessions remaining, and booking history confirms all appointments were canceled or missed. 

On XX/XX/year>, XXXX CEO issued me a {$500.00} refund check, which I deposited ( proof provided ). I acknowledge the refund and am willing to return it. 

I filed a dispute with Cherry on XX/XX/year>, stating that no services or products had been delivered. On XX/XX/year>, XXXX emailed confirming that my dispute was approved, stating that a full refund would be processed within XXXX business days and that my account would be closed. 

Two days later, XXXX reversed its decision, claiming new evidence from XXXX showing I received a {$1200.00} XXXX XXXX XXXX and attended XXXX XXXX XXXX session. Cherry then added a {$1700.00} balance, later revising it to {$1200.00} after accounting for the {$500.00} refund. 

There is no invoice, receipt, or delivery confirmation for any kit or service. The XXXX XXXX XXXX form Cherry relies on is merely a policy notice about how drops are usednot a billing document. It contains no price, no item description, and no proof that I received anything. XXXX own records confirm I never attended a session or picked up any product. 

Cherry also referenced recorded call transcripts between me and XXXX CEO. Under Cherrys Loan Agreement ( Section 13 ), Cherry may record only its own calls with the borrowernot third-party communications. The XXXX XXXX XXXX ( Section XXXX Confidentiality ) classifies all patient communications as proprietary. Using or relying on these recordings or transcripts without consent violates the Federal Wiretap Act ( 18 U.S.C. 2511 ), Texas Penal Code 16.02, and California Penal Code 632, which prohibit disclosure or use of recorded communications without consent of all parties. 

Cherrys unilateral secondary review is also unauthorized under its own Correction of Errors clause, which allows only clerical or documentation fixesnot reversal of a finalized decision. 

Violations and consumer harm : Truth in Lending Act/ Regulation Z ( 12 C.F.R. 1026.13 ) : Cherry reversed a finalized dispute without verifiable proof and failed to provide lawful supporting documentation.

FTC Holder Rule ( 16 C.F.R. 433 ) : Cherry, as holder, is subject to my defenses against XXXX ( non-delivery and cancellation ). 

UDAAP ( 12 U.S.C. 5531 ) : Reversing an approved refund and relying on unauthorized evidence is deceptive and unfair. 

FCRA ( 15 U.S.C. 1681s-2 ) : Threatening to report an unsupported balance violates Cherrys duty to furnish accurate information. 

Requested resolution : Reinstate Cherrys XX/XX/year> dispute decision ( full refund and account closure ). 

Remove any {$1200.00} balance and confirm the account is closed with {$0.00} due. 

Confirm Cherry will not use or rely on unauthorized recordings or transcripts. 

Cease all credit reporting or collection efforts until this is resolved. 

Supporting evidence ( attached ) : CherryXXXXXXXX XXXX Loan Agreement XXXX invoice ( {$5300.00} total ; no {$1200.00} item ) Booking & membership screenshots ( 24 sessions left ) Refund check ( {$500.00} ) and deposit proof Cherry emails ( XX/XX/XXXX approval + XX/XX/XXXX reversal ) My formal statements, addendum, and dispute timeline

Company response to consumer: Closed with monetary relief