Consumer complaint received 2025-08-20 00:00:00
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: NISSAN MOTOR ACCEPTANCE COMPANY LLC
State: FL

Complaint narrative:
AFFIDAVIT OF XXXX XXXX XXXX XXXX OF XXXX  ) ) ss. 
COUNTY OF XXXX ) I, XXXX XXXX XXXX, of full age, being duly sworn according to law, upon my oath depose and say : I am the affiant in this matter, a resident of XXXX XXXX XXXX XXXX, XXXXXXXX XXXX XXXXXXXX, and the consumer whose rights have been violated in connection with an alleged debt stemming from a purported Nissan Motor Acceptance Company LLC account ( Reference No. XXXX, Balance claimed : {$9700.00} ). I am competent to make this affidavit based on my personal knowledge, review of documents provided, and consultation with counsel specializing in consumer rights under the Fair Credit Reporting Act ( FCRA, 15 U.S.C. 1681 et seq. ), Fair Debt Collection Practices Act ( FDCPA, 15 U.S.C. 1692 et seq. ), and related state and federal laws. I assert these claims in the most powerful manner authorized by law to protect my rights and demand full compliance. 


I hereby identify and substantiate multiple violations of federal and state laws in the transaction documented in the " CFPB XXXX '' provided by XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX, XXXX ( collectively, " XXXX XXXX '' ). These violations include, but are not limited to, incomplete validation of the debt, debt parking without proper notices, unauthorized transfer of personal information, incomplete chain of assignment, and potential inaccurate reporting, all of which entitle me to damages, deletion of derogatory information from my credit reports, and cessation of all collection activities.

Federal Violations : FDCPA Violations ( 15 U.S.C. 1692 et seq. ) : Failure to Provide Complete Validation ( 15 U.S.C. 1692g ) : XXXX XXXX provided a partial transaction history and an internal assignment dated XX/XX/XXXX, from XXXX XXXX XXXX XXXX XXXX to XXXX XXXX XXXX XXXX, XXXX, but failed to include the full chain of assignment from the original creditor ( Nissan Motor Acceptance Company LLC ) without any breaks. This incomplete chain renders the validation defective, as debt buyers must prove unbroken ownership to collect. Courts have held that suing or collecting without proving chain of title violates the FDCPA by falsely representing the character or legal status of the debt ( 15 U.S.C. 1692e ). The provided documents show a charge-off on XX/XX/XXXX, but no bill of sale or assignment from XXXX to XXXX XXXX  , creating doubt as to ownership and exposing me to potential double collection. 
Debt Parking Without Proper Notices ( XXXX XXXX. XXXX, XXXX ) : As established in FTC XXXX XXXX XXXX XXXX, XXXX ( XXXX. Mo. XXXX ), reporting a debt to consumer reporting agencies ( CRAs ) without first communicating with the consumer and providing notice constitutes " debt parking, '' an unfair and deceptive practice. XXXX XXXX has not provided proof of any initial communication, validation notice, or dunning letter sent to me before reporting this alleged debt. The FTC 's settlement in XXXX XXXX required deletion of all parked debts and cessation of the practice, confirming this as a clear FDCPA violation. If XXXX XXXX reported this debt without such notices, they have damaged my credit unlawfully. 
Unauthorized Collection Attempts : By continuing to assert ownership without full proof, XXXX XXXX engages in harassing or abusive conduct ( 15 U.S.C. 1692d ) and unfair practices ( 15 U.S.C. 1692f ), especially given the securitization indicators ( transfer to an SPV, suggesting the debt may have been bundled and sold as a security, stripping collection rights ).

FCRA Violations ( 15 U.S.C. 1681 et seq. ) : Inaccurate Reporting and Failure to Investigate ( 15 U.S.C. 1681s-2 ( b ) ) : As furnishers of information, XXXX XXXX and Nissan must ensure accuracy and conduct reasonable investigations of disputes. The provided transaction history shows inconsistencies, such as unexplained " XXXX '' late fees totaling {$29.00} repeatedly applied, without proof these fees were agreed upon in the original contract or lawful under Florida law. The date of first delinquency ( DOFD ) leading to charge-off is not clearly stated ; based on the history, the last payment was XX/XX/XXXX, suggesting XXXX around XX/XX/XXXX, but no confirmation is provided. Reporting without verifying this risks obsolete information remaining on my reports beyond the XXXX limit ( 15 U.S.C. 1681c ). XXXX XXXX  ' response to my CFPB complaint fails to address my dispute fully, violating their duty to investigate and correct. 
No Permissible Purpose for Reporting ( 15 U.S.C. 1681b ) : If XXXX XXXX lacks a complete chain of title, they have no permissible purpose to furnish information to CRAs, leading to unauthorized access and reporting. 


GLBA Violations ( XXXX XXXX, 15 U.S.C. 6801 et seq. ) : Unauthorized Disclosure of Nonpublic Personal Information : While creditors may sell debts, they can not sell or transfer my nonpublic personal information ( e.g., Social Security number, address, payment history ) without my consent or a valid business purpose under strict GLBA safeguards. The assignment conveys " all right, title and interest '' including " documents relating to the Related Receivables and the related Obligors, '' which includes my sensitive data. XXXX requires notice and opt-out rights for nonaffiliate sharing ( 15 U.S.C. 6802 ), which were not provided. Transferring this information in a debt sale to an SPV for potential securitization exceeds permissible sharing for collection and violates my privacy rights, as confirmed by FTC guidance on financial privacy. 



State Violations ( Florida ) : Florida Consumer Collection Practices Act ( XXXX, XXXX XXXX. XXXX et seq. ) : Mirroring the FDCPA, XXXX XXXX violated XXXX by attempting to collect without valid proof of ownership, using deceptive means ( incomplete assignment ), and failing to provide required notices. Florida requires debt collectors to be registered ( XXXX XXXX lists licenses in other states but not explicitly for FL collection on this debt ). Additionally, claiming fees without proving they are " expressly authorized by the agreement '' ( XXXX ( XXXX ) ) is unlawful ; the provided contract copy does not explicitly authorize the repeated {$29.00} late fees or miscellaneous charges. 
Florida Deceptive and Unfair Trade Practices Act ( XXXX, XXXX XXXX. XXXX et seq. ) : The incomplete validation and potential debt parking constitute deceptive practices harming consumers. 
Privacy Violations : Florida 's constitutional right to privacy ( Art. I, XXXX ) amplifies GLBA concerns, prohibiting unauthorized dissemination of personal financial data without consent. 



Pursuant to my rights under FDCPA 1692g, FCRA 1681g, and FCCPA, I demand, within XXXX days of receipt, the following to cure these violations or face litigation for statutory damages up to {$1000.00} per violation, actual damages, attorney 's fees, and punitive damages : The original wet-ink signed contract/agreement/original purchase agreement, including all terms and conditions, addendums, and riders establishing security interests. 
Proof you own the debt : Full chain of assignment from Nissan Motor Acceptance Company LLC to XXXX XXXX XXXX XXXX XXXX, without any breaks, including all bills of sale, dates, and amounts. 
Confirmation whether this debt was sold or securitized ( the transfer to XXXX suggests securitization ; provide all securitization documents, trustees, and whether collection rights were retained ). 
Full accounting history from the original creditor from inception ( XXXX balance ) to present, including date and amount of each payment, application to principal/interest/fees, and the exact date of first delinquency leading to collection status. 
Proof that all fees ( e.g., late fees, interest, miscellaneous ) are lawful and agreed upon in the original purchase agreement, with citations to contract provisions. 
List of all states where your company is licensed to collect debt by law, including Florida registration details and your debt collection bond ( proof of bond filing ). 
Proof that you sent all legally required notices ( e.g., initial validation notice under FDCPA 1692g ) to me before reporting this alleged debt to any CRAs, including copies of the original notices, mailing dates, and any tracking/return receipts your firm maintains. 
Cease and desist all collection activities, delete this tradeline from all CRAs, and provide affidavits confirming compliance. 



Failure to comply will result in my filing suit in federal court under FCRA and FDCPA, seeking maximum remedies, including for the debt parking violation per FTC XXXX XXXX XXXX XXXX. I reserve the right to amend for additional violations discovered. 


I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. 


Executed on this XXXX day of XXXX, XXXX. 

XXXX XXXX XXXX XXXX to and subscribed before me this XXXX day of XXXX, XXXX.

Company response to consumer: Closed with explanation