Consumer complaint received 2025-06-12 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: BARCLAYS BANK DELAWARE
State: NJ

Complaint narrative:
NOTICE OF DEMAND FOR IMMEDIATE CORRECTION, CEASE AND DESIST, AND LEGAL PRESERVATION OF RIGHTS RE : Willful and Malicious Reporting of False, Defaming, and Unsubstantiated Information | Violation of Federal Law | Trademark Infringement | Identity Theft | Breach of Fiduciary Duty and Contract | Demand for Verifiable Proof Made Under Penalty of Perjury of the Actual Possession and Ownership of the Alleged Reporting Account/Trade-line To Whom It May Concern : This complaint serves as formal notice and demand for immediate correction and cessation of the unlawful, willfully negligent, and materially misleading acts of reporting false and defamatory information pertaining to alleged accounts or debts under the trade name and property of the undersigned. These actions represent direct and continuing violations of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq., the Fair Credit Billing Act ( FCBA ), the Gramm-Leach-Bliley Act ( GLBA ), the Privacy Act of 1974, and the Lanham Act, 15 U.S.C. 1125.

Your company is not, nor has it ever been, the real party in interest with any right, title, or interest in the alleged account ( s ) /trade-line ( s ) it is reporting. As evidenced by your publicly available SEC filings including but not limited to your Form 8-K, 10-K, 424B5, and Receivables Purchase Agreements, the original creditor has long since assigned, sold, or securitized the rights to the receivables, divesting any legal or equitable authority to enforce, collect, or report under the Fair Credit Reporting Act. This securitization process transfers all claims to a separate legal trustnot your companyrendering any attempt to furnish information to consumer reporting agencies a fraudulent misrepresentation and a material breach of fiduciary and statutory duties.

I. FCRA Violations ( 15 U.S.C. 1681 ) You are in violation of the FCRA by : Reporting inaccurate, false, outdated, and unverifiable information without a permissible purpose ( 15 U.S.C. 1681b ).

Failing to conduct a reasonable investigation upon dispute ( 15 U.S.C. 1681i ).

Reporting information while knowing or having reason to know it is false or misleading ( 15 U.S.C. 1681s-2 ( b ) ).

Case Law : Cushman v. Trans Union Corp., 115 F.3d 220 ( 3d Cir. 1997 ) A credit furnisher must perform a reasonable investigation of disputed information. Failure to do so subjects the furnisher to liability.

II. FDCPA Violations ( 15 U.S.C. 1692e, 1692f ) If your company is acting as a third-party servicer/debt collector, you are : Making false, deceptive, and misleading representations regarding the character and legal status of the alleged debt ( 15 U.S.C. 1692e ( 2 ) ( A ) ) ; Engaging in unfair and unconscionable means to collect or attempt to collect a debt ( 15 U.S.C. 1692f ).

Case Law : Heintz v. Jenkins, 514 U.S. 291 ( 1995 ) The FDCPA applies to attorneys and firms engaged in the collection of debts through litigation or furnishing.

III. Lanham Act Trademark Infringement ( 15 U.S.C. 1125 ) You are willfully infringing on my federally protected trademark filed under USPTO Serial No. XXXX, a unique trade name protected by the USPTO, by using my proprietary

and identifying information in the course of commerce for unjust enrichment and financial benefit without consent, authorization, or lawful contract.

Case Law : Two Pesos , Inc. v. Taco Cabana , Inc., 505 U.S. 763 ( 1992 ) Unauthorized commercial use of a protected mark constitutes actionable infringement under the Lanham Act.

IV. Identity Theft and Unauthorized Use of PII You have willfully obtained, retained, or distributed private, personally identifiable information ( PII ) linked to my person and estate/trust account for unlawful commercial gain, without my prior knowledge, consent, or authority. This is a violation of : The Privacy Act of 1974 ; The GLBA 's Safeguards Rule, 16 CFR Part 314 ; State privacy laws, including applicable New Jersey Identity Theft Protection Statutes.

Case Law : Remijas v. Neiman Marcus Group, LLC, 794 F.3d 688 ( 7th Cir. 2015 ) Unauthorized access or disclosure of personal data is actionable when harm is reasonably foreseeable and tied to commercial misuse.

V. Breach of Trust and Fiduciary Obligation Based on Generally Accepted Accounting Principles ( GAAP ) and equity law, you are operating on the back of credit instruments originated by the undersigned, who under equity, retains the right to the offset or benefit generated by the security. You have failed to disclose full accounting and failed to return the value to the originating estate/trust, violating your fiduciary duty and breaching fundamental contract principles.

Refer to FASB ASC 606-10-32-25 ( a ) ( b ) Consideration payable to a customer must be accounted for as a credit/offset if the value was originally provided by the secured party/beneficiary/creditor/customer. This supports the assertion that remittance instruments and debt instruments issued by consumer signatures constitute value.

DEMANDS You are hereby instructed to : Immediately delete and cease the reporting of any and all negative trade-lines or derogatory account information related to the above-described matter from any and all consumer reporting agencies ; Cease and desist from any further use of my name, trademark, identifying information, or data in connection with any unauthorized account reporting, securitization, or billing practices ; Provide written confirmation within fifteen ( 15 ) business days that all adverse reports and PII use have been retracted, deleted, and corrected ; Be advised that failure to comply with this demand will result in formal litigation and regulatory complaints being filed against your
organization, including but not limited to the FTC, CFPB, USPTO, IRS, SEC, and appropriate State and U.S. Attorney General 's offices for violations of federal and state law.

This notice is written under full reservation of rights nunc pro tunc ab initio. All rights are expressly reserved without prejudice under UCC 1-308.

Be advised : Any failure to respond, or any non-substantive, dismissive, or evasive reply shall be deemed as tacit acquiescence, agreement, and acceptance to all material facts, claims, and demands set forth herein. Such silence shall constitute consensual contract by estoppel and a presumption of default in honor, establishing your obligation to immediately cure and govern yourself accordingly under the full force of law.

Respectfully, Secured Party / Beneficiary / Creditor / Legal Trademark Holder

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