Consumer complaint received 2024-10-02 00:00:00
Product: Debt collection — Credit card debt
Issue: Electronic communications — Frequent or repeated messages
Company: January Technologies, Inc
State: MI

Complaint narrative:
Subject : Urgent Report of Creditor Violations and Demand for Immediate Action To Whom It May Concern, I am writing to formally report egregious violations by my creditors, who have unlawfully sold my personal information to numerous debt collectors without any acknowledgment of whether insurance claims, bonds, or other forms of securities were fully paid to settle the debt. The continuous and excessive debt collector communicationoften more than once a dayhas caused significant emotional distress and severely impacted my quality of life. I can not overstate the urgency of this matter, and I demand immediate action to rectify these violations. This constitutes a blatant double-dipping practice, which I demand be investigated immediately.

Impact on My Livelihood The unauthorized sharing of my personal information and the resultant negative impact on my credit score have severely compromised my financial stability. My credit score is a critical factor in determining my access to essential financial products and services, including loans, mortgages, and credit cards. The inaccuracies and harassment from creditors have led to : Limited Access to Credit : Due to my diminished credit score, I have been denied access to credit opportunities that are essential for significant purchases, such as a home or vehicle, thereby hindering my ability to invest in my future and secure necessary assets.

Increased Costs : The negative entries on my credit report have resulted in higher interest rates and fees when I am able to secure credit. This increased financial burden has strained my budget and made it difficult to manage my monthly expenses.

Professional Opportunities : Many employers and rental agencies conduct credit checks as part of their application processes. The negative marks on my credit report have hindered my ability to secure employment or rental agreements, directly impacting my ability to maintain stable housing and gainful employment. 

XXXX and XXXX XXXX Strain : The stress associated with managing these financial discrepancies has taken a toll on my mental and emotional well-being. The constant worry about my financial future and the ongoing harassment from creditors have caused significant distress, affecting my quality of life and overall health. 
Cycle of Financial Instability : The inability to obtain credit or favorable terms has created a cycle of financial instability, making it challenging to meet my obligations and diminishing my quality of life. 

Legal Basis for CFPB Jurisdiction Under the following laws, the Consumer Financial Protection Bureau ( CFPB ) has jurisdiction over this complaint : Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5481 et seq. ) : This act empowers the CFPB to oversee unfair, deceptive, or abusive acts or practices in connection with consumer financial products or services.

Fair Debt Collection Practices Act ( 15 U.S.C. 1692 et seq. ) : This act prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debts, which includes harassment through excessive communication.

Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) : This act establishes guidelines for the collection, dissemination, and use of consumer information, providing consumers with the right to dispute inaccuracies in their credit reports.

Specific Demands I hereby demand the following actions be taken immediately : Cease Harassment : I require an immediate cessation of all creditor harassment, including calls exceeding one per day, which is in violation of the Fair Debt Collection Practices Act.

Proof of Debt Ownership : Creditors must furnish clear evidence proving they own the debts reported against me.

Disclosure of Claims and Securities : Creditors must disclose any insurance claims or bonds related to these debts, including any kickbacks that may have been received.

Demand for Forensic Audit : I demand a comprehensive forensic audit of the accounts related to my debt. This audit should detail all transactions, insurance claims, and bonds related to my financial history to ensure transparency and accountability.

Fee Schedule Compensation : I demand compensation for my time and effort in preparing a lien and demand letter for payment, as well as for the potential lawsuit against these creditors for causing significant distress, duress, and invasion of my privacy. 

Acknowledgment of Trust : You must acknowledge that the principal, XXXX XXXX XXXX XXXX, is held in trust and recorded with the Michigan Secretary of State under UCC regulations. Any violations of this administration will incur liabilities exceeding {$100.00} XXXX. 

Legal Violations The actions of these creditors violate numerous laws, including but not limited to : U.S. Constitution, Article VI, Clause 2 : Establishes the Constitution as the supreme law of the land, affirming my right to accurate treatment in financial matters.

14th Amendment : Guarantees equal protection under the law, which extends to credit reporting practices, thus protecting my rights against inaccuracies. 

Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ) : Regulates trading of securities and mandates accurate reporting, which these creditors have failed to uphold.

Investment Company Act of 1940 ( 15 U.S.C. 80a-1 et seq. ) : Governs the activities of investment companies and requires transparency regarding funds tied to debts.

Applicable Michigan Laws The following Michigan laws further support my claims and provide additional grounds for action : Michigan Consumer Protection Act ( MCL 445.901 et seq. ) : This act prohibits unfair, unconscionable, or deceptive acts or practices in trade or commerce. The actions of my creditors constitute unfair practices that harm my financial standing. 

Michigan Credit Services Protection Act ( MCL 445.181 et seq. ) : This law regulates credit repair organizations and protects consumers from deceptive practices in the credit repair industry. The inaccuracies and unauthorized selling of my information by creditors violate this act.

Michigan Collection Practices Act ( MCL 445.252 et seq. ) : This law governs the conduct of debt collectors in Michigan and prohibits harassment, threats, or coercive practices. The creditors actions in harassing me through multiple daily calls violate this statute.

Conclusion The ongoing discrepancies in my credit reports and the continued harassment by creditors have severely harmed my financial standing, well-being, and privacy. I expect immediate action from the CFPB to rectify these violations and demand a forensic audit to ensure accountability and transparency. Failure to comply will compel me to pursue all available legal remedies to protect my rights. 

Thank you for your prompt attention to this serious matter. I look forward to your immediate response.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation