Consumer complaint received 2024-08-21 00:00:00
Product: Debt collection — I do not know
Issue: Took or threatened to take negative or legal action — Threatened or suggested your credit would be damaged
Company: FIDELITY CAPITAL HOLDINGS, INC
State: CA

Complaint narrative:
Dear XXXX creditor svc This notice is to inform you that you have unlawfully reported an alleged debt to my consumer report. Under the New Rule REGULATION F which took effect XX/XX/XXXX, You have violated the FDCPA 1006.30a and its new rule by parking this alleged debt on my consumer reports. Cease and Desist the reporting of this alleged XXXX immediately or I will escalate this matter to taking legal action. I have not given you written permission to put anything on my credit profile 15 USC 1681b2. I opt-out of furnishing this offensive information to my report. As this is unfair and deceptive and abusive practices! I have never had a contract with you and if a contract does exist between XXXX XXXX XXXX XXXX XXXX XXXX and you please bring it forward. You have no permissible purpose by law to contact third parties with my private or personal information. Your offenses amount to Aggravated Identity Theft pursuant to 18 U.S.C. 1028A. You have knowingly transferred, possessed, or used, without lawful authority, a means of identification of me, which is a felony punishable with up to 2 years of imprisonment, in addition to civil liability. I AM A LITIGIOUS CONSUMER I WILL NOT HESITATE TO TAKE LEGAL ACTION AGAINST XXXX Creditors SVC 15 USC 1692c ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt. I refuse to pay this alleged debt. Cease and Desist all collections activity regarding this alleged debt and PROMPTLY Delete it from all consumer reporting agencies that you have reported this inaccurate, incomplete, erroneous and misleading information to at once. The reporting of such inaccurate information has caused severe damage to my character, my reputation, my general mode of living and my ability to obtain credit for personal and house purposes. You and your inaccurate reporting have damaged my livelihood. 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION XXXX ) PROHIBITION ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Duty : a moral or legal obligation ; a responsibility Accurate : correct in all details ; exact. PROHIBITION : a law or regulation forbidding 15 USC 1681 s-2 Says you XXXX are a furnisher of information to a consumer reporting agency. You ARE PROHIBITED BY LAW from furnishing inaccurate information 15 USC 1681 s-2 ( a ) ( 1 ) ( A ) 15 U.S. Code 1681s2 ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 1 ) PROHIBITION ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. In conclusion I have shown you and you have been put on notice that you are reporting inaccurate information. The information is, in fact, inaccurate. The continued reporting of this inaccurate information is a clear violation of the Law 15 USC 1681 s-2 of your responsibilities as a furnisher of information. You have caused me and my family severe harm due to your negligence and inaccurate reporting. This is a final opportunity to Cure and DELETE This Erroneous, inaccurate account from my Consumer report. YOU HAVE XXXX Calendar days to DELETE THIS ACOOUNT FROM MY CONSUMER REPORTS! or I will take legal action for consumer law violation under 15 USC 1681 n, 15 USC 1681 o and 15 USC 1692k. DELETE THE FOLLOWING ACCOUNT/S FROM YOUR RECORDS AND ALL CONSUMER REPORTING AGENCIES. Account name Acct # Failure to respond satisfactorily with deletion of the above referenced account, and send out a free copy of my report after the changes have been made will result in legal actions being taken against your company, for which I will also be seeking { {$XXXX} } per violation for : 1. Defamation of Character ( per se ) 2. Negligent Enablement of Identity Fraud 3. Fair Debt Collections Practices Act 15 USC 1692g violations 4. Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] 15 U.S. Code 1692e - False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. ( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. ( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value. 18 U.S. Code 1346 -scheme or artifice to defraud, 18 U.S. Code 1345 - Injunctions against fraud, I did not grant you permission to have any of my non-public private information, My data and my information is protected by copyright infringements, patent and trademarks, 18 U.S. Code 373 - Solicitation to commit a crime of violence, 18 U.S. Code 880 - Receiving the proceeds of extortion 3 years prison. All debt has been prepaid via an securitized instrument. According to TILA and regulation z the finance charge is the sum of all charges due. If finance charge included, there should be no late payments pursuant 15 USC 1605 ( a ) due to finance charge bring sum of all charges so I can not be penalized for something that is already paid in full.18 U.S. Code 35 - Imparting or conveying false information {$XXXX} or 5 years prison. 18 U.S. Code 1341 - Frauds and swindles {>= $XXXX} XXXX or 30 years in prison, 18 U.S. Code 1348 - Securities and commodities fraud 25 years in prison or {>= $XXXX}. 18 U.S. Code 1349 - Attempt and conspiracy 18 U.S. Code 1018 - Official certificates or writings Your CEO and CFO are public officers I will not hesitate to press charges on both! as the are both public officers, 18 U.S. Code 1016 - Acknowledgment of appearance or oath 2 years imprisonment, 18 U.S. Code 1001 - Statements or entries generally 8 years imprisonment, 18 U.S. Code 1002 - Possession of false papers to defraud United States 18 U.S. Code 1003 - Demands against the United States, 18 U.S. Code 1005 - Bank entries, reports and transactions {>= $XXXX} and 30 years in prison, 18 U.S. Code 1004 - Certification of checks, 18 U.S. Code 1007 XXXX XXXX XXXX XXXX XXXX transactions, 18 U.S. Code 1344 - Bank fraud I " am a bank and you are attempting to defraud me out of my money {>= $XXXX}. 18 usc code XXXX You have committed wire fraud by parking this alleged debt on my credit report via the internet XXXX  years in prison and {$XXXX} fine, 18 U.S. Code 1033 - Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce all alleged accounts are insured by insurance. 18 U.S. Code 1956 - Laundering of monetary instruments {$XXXX}. 18 usc 876 Mailing threatening communications. Because XXXX XXXX XXXX claims to be the holder in due course of these consumer credit contracts. I as the debtor fully intent to assert my rights pursuant to XXXX Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 15 U.S. Code 1692e - False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, ( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. ( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the XXXX, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. ( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken. ( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter. ( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. ( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. 15 U.S. Code 1692f - Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. 15 U.S. Code 1692j - Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. 15 U.S. Code 1692k - Civil liability ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$XXXX} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$XXXX} or 1 per centum of the net worth of the debt collector.

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