Consumer complaint received 2025-04-01 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Problem when making payments — Problem during payment process
Company: Prosper Marketplace, Inc.
State: NV

Complaint narrative:
I have called your office several times to move the XXXX date up to the end of the month or on or around the XXXX of the month. I was ignored each month. There are several Legal Violations and Supporting Laws by Refusal to Adjust the Due Date Despite SSDI Constraints Issue : Prosper knows your income is SSDI, which is disbursed on a fixed schedule ( e.g., the XXXX of the month or specific Wednesdays ), yet they wont adjust your due date to align with this, causing unavoidable late fees. 

Relevant Law : The Americans with XXXX XXXX ( XXXX ) ( XXXX XXXX. XXXX et seq. ) mandates reasonable accommodations for individuals with XXXX in various contexts. Although the XXXX doesnt explicitly cover private creditors like Prosper, it could be argued that refusing to adjust a due date for someone reliant on XXXX constitutes a failure to accommodate a disability-related financial limitation. 

XXXX XXXX : Tennessee XXXX XXXX ( XXXX XXXX XXXX, XXXX ) broadened XXXX accommodations to ensure access to services for XXXX individuals. While this case dealt with public services, a creative legal argument might extend it to creditor practices affecting XXXX persons financial access. 
Additional Angle : State Unfair and Deceptive Acts and Practices ( UDAP ) laws ( XXXX XXXX XXXX, Chapter XXXX et seq. Deceptive XXXX Practices, with XXXX XXXX ) Prospers inflexibility is deemed unfair or oppressive given your SSDI reliance. 

Misapplication of Payments and Late Fees Issue : I made XXXX payments in a month, but Prosper treated them as XXXX, still charging a {$40.00} late fee despite your efforts to stay current. Violating : The Truth in Lending Act ( XXXX ) ( XXXX XXXX. XXXX et seq. ), enforced through Regulation Z ( XXXX C.F.R. XXXX ), requires creditors to clearly disclose payment application rules. Prospers terms didnt specify they could combine payments arbitrarily, and failed to apply them in a way that avoids fees, and violates XXXX. Additionally, the XXXX XXXX Billing Act ( FCBA ) ( XXXX XXXX. XXXX ) allows you to dispute billing errors ( like improper payment applications or unjustified fees ) I notified Prosper in writing within 60 days of the statement, including calling Prosper monthly regarding this due date issue, was ignored. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX ( XXXX XXXX XXXX, XXXX ) clarified that creditors must follow their disclosed payment allocation terms under XXXX. If XXXX actions deviate from their agreement or lack transparency, this precedent could support your case. 

Collection Attempt on XXXX XXXX XXXX and Subsequent Harassment Issue : Prosper tried to collect payment on XX/XX/XXXX, a federal bank holiday when banks were closed, then made repeated calls you had to block. Prosper demanded a payment on XXXXXXXX XXXX XXXXXX/XX/XXXX and my phone rang off the hook several times, I was forced to block ever number Prosper called me from. 

Relevant Law : The Fair Debt Collection Practices Act ( FDCPA ) ( XXXX U.S.C. XXXX et seq. ) prohibits harassing, oppressive, or abusive collection practices, such as excessive calls. While the FDCPA typically Uses third-party XXXX, Prosper collecting their debt, the Consumer Financial Protection Act ( XXXX ) ( XXXX U.S.C. XXXX et seq. ) and state laws might still deem this unfair or deceptive. Attempting a payment withdrawal on a bank holiday, knowing it would fail, deceptive practice under the XXXX and Nevada XXXX, XXXX. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) upheld that excessive calls violate the FDCPA. Prospers holiday collection attempt followed by relentless calls could align with this principle, even if pursued under Chapter XXXX Nevada state XXXX law. 

Impact on XXXX XXXX and Unconscionable Practices Issue : Your SSDI payments are protected from all private creditor actions, yet Prospers late fees consume your payments, creating a cycle of debt. 

Relevant Law : Section XXXX of the Social Security XXXX ( XXXX XXXX. XXXX ) safeguards SSDI from garnishment by private creditors without a court order. While Prosper isnt garnishing directly, their practices are unconscionable under state XXXX laws if they exploit your fixed income schedule to impose unavoidable fees. 

Case Law : XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX, XXXX XXXX. XXXX ) addressed unconscionable contract terms under state law. If XXXX terms or actions trap you in a fee cycle due to XXXX timing, Key Statutes to Reference XXXX. XXXX XXXX. XXXX : Protects SSDI from creditor XXXX. 
XXXX. XXXX XXXX. XXXX : XXXX reasonable accommodation ( potential stretch to creditors ). 
XXXX. XXXX XXXX. XXXX : FCBA billing dispute process. 
XXXX. XXXX XXXX. XXXX : FDCPA harassment prohibition. 
XXXX. XXXX XXXX. XXXX : TILA payment application rules. 
a. State UDAP Laws : Check your states equivalent ( XXXX XXXX XXXX, Chapter XXXX et seq. Deceptive XXXX Practices, with XXXX XXXX ). 

b. Why Prospers Actions is Unlawful XXXX Inflexibility : Ignoring your SSDI schedule could violate fairness principles under UDAP or, arguably, the XXXX. 

d. Payment Handling : Combining payments and adding fees might breach XXXX transparency or FCBA error resolution rules. 

e. XXXX XXXX : Attempting payment on a bank-closed holiday, followed by harassment, could violate FDCPA-like standards or CFPA fairness rules. 
f. Fee Cycle : Exploiting your fixed income with fees might be deemed unconscionable under state law.

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