Consumer complaint received 2024-12-03 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: U.S. BANCORP
State: SC

Complaint narrative:
First, I Do Not Consent to be Surety of any alleged debt. I Do Not Consent to be Guarantor of any alleged debt. Included within this CFPB complaint/claim is my Notice to Cancel this agreement and a Notice of Rescission to rescind my signature from the agreement and to void the agreement. Also, U.S. Bank is not in compliance with IRS Code 26 U.S.C. 6050P Returns relating to the cancellation of indebtedness by certain entities as I have yet to receive any 1099-Cs, etc. from them.

Several times I have mailed U.S. Bank Employees Notices of which they have never properly responded to. Starting XX/XX/2024, I have mailed U.S. Bank Billing Error Disputes, Notices and Affidavit ( s ) with a conditional Cease-and-Desist Letter ( delivered XX/XX/2024 ), Debt Validation and Debt Verification Request letters ( delivered XXXX XXXX XXXX  ), a Notice of Fault and Opportunity to Cure including a second Billing Error Notice ( delivered XX/XX/2024 ) and lastly a Notice of Default and Final Statement ( delivered XX/XX/2024, at XXXX XXXX ) however U.S. bank employees never properly responded to any of my Notices therefore the Notices were never answered. 

U.S. Bank employees have or had a duty to respond to my Notices however they did not - therefore they did not Perform ( Non-performance ). I mailed them a Cease-and-Desist Notice to stop their debt collectors from contacting me by phone, instead their employees just kept harassing me with phone calls all throughout the day and night while mailing me letters containing only partial statements. A half of a Statement is not a proper Statement without both accounts payable and accounts receivable- nor is it a legal bill without a signature. They never sent me both the Accounts Receivable and the Accounts Payable of said statement. Instead, they used non-compliant and deceptive tactics to mislead me to make a payment, of which I did not owe. As Fiduciaries, they never credited my account according to the law. I was never given any Valuable Consideration this entire agreement and U.S. Bank has been in default and breached the agreement since its inception and they are in default as to my Administration process since XXXX of XXXX, yet they continue to report false information to my credit report/consumer report. U.S. bank is reporting negative items against my wishes and without my written permission nor consent which is a form of identity theft ( a crime ). U.S. Bank employees are also violating several criminal and civil laws and/or statutes of the Federal Consumer Credit Protection Act ( includes the Federal Truth in Lending Act ) or Consumer Credit Protection Act ( Public Law 90-321 : 82 Stat. 146 ) of the Statutes At Large.

It is evident the bank has committed several violations and are not in compliance with the elements that make a contact valid, rendering this alleged contract or agreement unenforceable, null and void and cancelled. The contract or agreement is invalid for the following reasons : 1. Lack of Mutual Assent and Consideration : The contract lacks mutual consent and valid or lawful consideration, violating the Uniform Commercial Code ( UCC ) 3-104 and 3-303 regarding negotiable instruments and consideration.

2. Absence of Issuers Signature : The banks failure to sign the agreement signifies a lack of Acceptance and agreement to the terms, thus failing to create a legally binding bilateral contract as required by UCC 3-401.

3. Unconscionability : The terms of the agreement are unconscionable, imposing undue burdens solely upon the XXXX XXXX but heavily favoring the bank without corresponding duties or risks assumed by the Bank, in violation of the principles of fairness under UCC 2-302.

4. Misrepresentation and Fraud : The Banks representation of the instrument as a valid loan agreement, while failing to sign and thereby not committing to any obligation, constitutes a misrepresentation and potentially fraudulent inducement, violating Federal Trade Commission ( FTC ) regulations under 16 CFR Part 433 and federal fraud statutes ( 18 U.S.C. 1341 and 1343 ).

5. Non-performance : The bank defaulted on its obligations by failing to properly respond and answer consumers questions and complaints regarding the transaction. Also, by accepting a security yet failing to credit my account to cover the obligations of said security. 
And other violations of law such as : 82 Stat. 152 CHAPTER 2 CREDIT TRANSACTIONS 121. General requirement of disclosure, 125. Right of rescission as to certain transactions, 127. Open end consumer credit plans, 130. Civil liability TITLE II EXTORTIONATE CREDIT TRANSACTIONS 892. Making extortionate extensions of credit, 894. Collection of extensions of credit by XXXX  means, SECTION 37-5-108.Unconscionability ; inducement by unconscionable conduct.

Part 2 - Debtors ' Remedies SECTION 37-5-202.Effect of violations on rights of parties., SECTION 37-5-203.Civil liability for violation of disclosure provisions., SECTION 37-5-205.Refunds and penalties as setoff to obligation.

Part 3 - Criminal Penalties SECTION 37-5-301.Wilfull violations., SECTION 37-5-302.Disclosure violations., SECTION 37-5-303.Fraudulent use of cards.

Other non-compliance along with civil and criminal violations include : CHAPTER 2 CREDIT TRANSACTIONS 125. Right of rescission as to certain transactions ( 82 Stat. 153 ; 88 Stat. 1517, 1519 ; 15 U.S.C. 1635 )., 126. Content of periodic statements ( 82 Stat. 153 ; 15 U.S.C. 1636 )., 127. Open end consumer credit plans ( 82 Stat. 1
53 ; 88 Stat. 1511, 1519, 1521, 15 U.S.C. 1637 )., 130. Civil liability ( 82 Stat. 157 ; 88 Stat. 1518 ; 90 Stat. 197 ; 15 U.S.C. 1640 ).

CHAPTER 4 CREDIT BILLING 161. Correction of billing errors ( 88 Stat. 1512 ; 15 U.S.C. 1666 )., 162 Regulation of credit reports ( 88. Stat. 1513 ; 15 U.S.C. 1666a ).

Notice and Demand Considering the many violations, lack of mutuality, valid consideration, and the violations ( both listed and not listed ) imposed by the Bank, I, XXXX XXXX hereby demand the following remedies and do not waive any right to remedies unrealized : A. Declare the credit card contract null and void due to non-compliance with UCC 3-104, 3-303, 3-401, and 2-302, as well as violations of Federal Trade Commission regulations, the Truth in Lending Act and other federal fraud statutes, under the Statutes At Large.

B. Relief me from any obligation purportedly arising from the instrument ; Issuance of a balance of zero on the account, considering the value was created by my hand and signature on the application and promissory note, which generated the funds. 
C. For the bank to return any payments made by XXXX XXXX under the purported credit card agreement since the accounts inception.

D. Removal of Negative and Derogatory information from all Consumer Reports/ Credit Reports : Immediate removal of negative items and derogatory/ defamatory information from all consumer reports or credit reports and a letter confirming you have done so.

E. Impose a penalty of {$100000.00} from the Issuer for violating my private Rights, triple damages, pain and suffering and costs for my time and money used to rectify these issues Caveat / Warning If XXXX XXXX is unable to get any cooperation from First Citizens Bank and its employees in regards to these violations of law then I will put my States Attorney General on Notice because I will be launching a formal investigation with the ( CFPB ) Consumer Financial Protection Bureau, the IRS Criminal Investigations Division, the FDIC Federal Deposit Insurance Commission, the Security and Exchange Commission and filing a Claim against First Citizens Banks companys Bond and Insurers for the Misappropriation of Funds along with tax evasion, non-compliance and fraudulent and deceptive practices.

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