Date Received: 2023-12-26
Issue: Problem with a company's investigation into an existing problem
Subissue: Problem with personal statement of dispute
Consumer Complaint: I submitted XXXX disputes to XXXX- the last one they claim was resolved on XX/XX/30. They have not provided me a copy of my signed credit application as requested twice. Remarks Account previously in dispute-now resolved. reported by credit grant ; UNPAID BALANCE CHARGED OFF
Company Response:
State: PA
Zip: 19382
Submitted Via: Web
Date Sent: 2023-12-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-27
Issue: Fees or interest
Subissue: Problem with fees
Consumer Complaint: I already filed a complaint. However, the Comenity Banks response is unacceptable and false. I attached Comenity Banks letter of response to me. Regarding the XXXX account, I have attached the documentation from my bank that disputes Comenity Banks claims. Regarding the XXXX account they have totally missed the problem. The checks for the XXXX accounts were dated XX/XX/2023. The USPS tracking data shows the checks arrived at Comenity Bank in XXXX, TX on XX/XX/2023. Yet, Comenity Bank did not process my checks until XX/XX/XXXX. So, Comenity Bank processed my check nine days after receiving the payment. They then applied late fees to my account on XX/XX/XXXX and XX/XX/XXXX. I attached a copy of the checks with date stamps, the USPS tracking data that shows when the checks were delivered and my billing statement.
Company Response:
State: WI
Zip: 54449
Submitted Via: Web
Date Sent: 2023-12-27
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-27
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: In XXXX I had a statement balance of {$77.00}, I paid that in full on XX/XX/23. That same month/billing period, after I paid the statement and account balance, I was charged additional fees. These fees carried over creating a balance, and then they reported me late several months later.
Company Response:
State: PA
Zip: 194XX
Submitted Via: Web
Date Sent: 2023-12-27
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-26
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the Fair Credit Reporting act. The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. Account name : COMENITYXXXXXXXX, Account number : XXXX Account name : XXXXXXXX XXXX Account number XXXX Account name : XXXX XXXX XXXX XXXX, Account number XXXX Account name : XXXX XXXX XXXX XXXX, Account number XXXX has violated my rights. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish an account without my written instructions 15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C. 1681s-2 ( A ) ( 1 ) 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.
Company Response:
State: GA
Zip: 30030
Submitted Via: Web
Date Sent: 2023-12-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-25
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: AMENDED AND CORRECTED COMPLAINT TO COMPLAINT # XXXX Submitted to the CFPB on XX/XX/XXXX. PLEASE USE ALL PREVIOUSLY SENT ATTACHMENTS FOR THIS CURRENT UPDATED COMPLAINT It has come to my attention that COMENITY/CAPITAL/IKEA is currently in violation of the Privacy Act of 1974 which states : No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains [ subject to 12 exceptions ]. 5 U.S.C. 552a ( b ). COMENITY/CAPITAL/IKEA has been in violation of this Act and has been regularly reporting negative activity via late payments without my consent, and has caused irreparable harm and injuries to me in violation of the abovementioned Act and as stated in 15 U.S. Code 6801 - Protection of nonpublic personal information which states : ( a ) Privacy obligation policy - It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. ( b ) Financial institutions safeguards - In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. In addition to 15 U.S. Code See Also 6805 Enforcement ( a ) WHICH STATES THAT : Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, and ( b ) ENFORCEMENT OF SECTION 6801 ( 1 ) Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section. Therefore, it is within the jurisdiction of the Consumer Financial Protection Bureau ( CFPB ) to enforce this/these Act ( s ) to ensure the protections of all consumers. SEE ALSO 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information under : ( a ) Notice requirements which states : Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. According to 16 CFR 313.7 - Form of opt out notice to consumers ; opt out methods. ( e ) Time to comply with opt out. Which states that : You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it., and 16 CFR 313.7 ( f ) Continuing right to opt out, which also states that A consumer may exercise the right to opt out at any time, and 16 CFR 313.7 ( g ) Duration of consumer 's opt out direction. ( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically. ( 2 ) When a customer relationship terminates, the customer 's opt out direction continues to apply to the nonpublic personal information that you collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with you, the opt out direction that applied to the former relationship does not apply to the new relationship. 15 U.S. Code 1681b - Permissible purposes of consumer reports ( a ) Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. As stated herein, as well as the enclosed letter which clearly signifies my right to opt out as stated in 6802 ( b ) : Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. COMENITY/CAPITAL/IKEA, has never disclosed this information to enable me as the consumer the opportunity to exercise the abovementioned Opt out rights afforded to me. This ongoing negative reporting is causing irreparable injury, embarrassment, emotional damage, stress and humiliation to me and my family by being denied of credit and my ability to prosperously move forward financially in life by their violations of the laws stated herein. It is also illegal to report any negative transaction history to the major credit reporting agencies which COMENITY/CAPITAL/IKEA continues to illegally report to this day. 17 CFR 248.7 - Form of opt out notice to consumers ; opt out methods ( a ) ( XXXX ) Form of opt out notice. If you are required to provide an opt out notice under 248.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. 16 CFR 313.7 - Form of opt out notice to consumers ; opt out methods. ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose non-public personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. 16 CFR 433.2 - 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. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. It is for the reasons stated herein and the protection of my rights as a consumer is why I am entitled to the opting out remedy and relief sought in the form of COMENITY/CAPITAL/IKEA correcting the record by removing all negative reporting, and negative credit history via late payments from any and all credit reporting agencies records, including but not limited to XXXX, XXXX, XXXX which has caused irreparable harm, embarrassment, humiliation, mental anguish and undue financial hardships committed against me and should be granted in my favor.
Company Response:
State: NJ
Zip: 07202
Submitted Via: Web
Date Sent: 2023-12-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-25
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Comenity Bank- Torrid card was sold to another creditor XXXX XXXX XXXX XXXX XXXX XXXX, and this account has been settled and paid off as of XX/XX/2023.
Company Response:
State: VA
Zip: 23701
Submitted Via: Web
Date Sent: 2023-12-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-25
Issue: Other features, terms, or problems
Subissue: Problem with rewards from credit card
Consumer Complaint: I currently have {$380.00} available in cash back to redeem but customer service is not allowing me to redeem it saying since they closed my credit account ( without my knowledge ) they will forfeit the rewards. This forfeiture is extremely unjust in my opinion because : 1. I provided all documentation they requested and they are all valid. Front and Back of Driver 's License, Front and Back of Social Security card and Two different utility bills to verify my current address, I have used these documents numerous times for identity verification. They still closed my account and did not provide me any grace period to redeem the {$380.00} rewards. 2. They never reached out to me by email or phone- asking me a question or for explanation, clarification regarding my use of Credit. They completed the review without giving me any opportunity for a mutual understanding. 3. I've been very proactive with my reaching out to them. I called Account Protection just because my card was not working and after speaking with a helpful agent I emailed the documents as soon as I got off the phone. A few days later, I even called to follow up on review. 4. Overall I feel my account was not only closed without any clear understanding or due diligence but I believe it is even more wrong not giving me the rewards I earned. I hope you will try to somewhat correct the situation in recognition of my efforts and all great communication I have with your CSRs over time.
Company Response:
State: CA
Zip: 90027
Submitted Via: Web
Date Sent: 2023-12-25
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-25
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: When I first applied for the card the store associate put the wrong address on my account. When I figured out the address was incorrect I called in to correct the address and get a new card. The agent was irritated with me so I'm guessing she didn't update the information and sent out a new card to the wrong address again. I called back to let them know I never received a card and I couldn't access my account with out the numbers on my actual card. They were sending it to XXXX. Finally, that card was cancelled and they sent out a new one. It took about 3 months for me to get an actual card so I was not able to create an account to make payments. I requested for the agent to have those late payment removed since it was their error twice and she said yes. But those late payments are still there.
Company Response:
State: TX
Zip: 78210
Submitted Via: Web
Date Sent: 2023-12-25
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-24
Issue: Problem when making payments
Subissue: Problem during payment process
Consumer Complaint: Comenity ( bread financial ) is only credit card I have which does not display on their statement whether Auto Pay is active on the account. The problem is even after setting it up on the account it may not be effective for many reasons including their unexplained reason it disappeared. I believe their motive is to have cardholders pay their balances earlier than required or double pay if transactions cross. Your assistance is requested to remedy this matter.
Company Response:
State: PA
Zip: 19426
Submitted Via: Web
Date Sent: 2023-12-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-23
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: Everyday for the past several months, Commetity Bank calls me numerous times a day. Ive had to block 36 of their different phone numbers and counting, but they still get through. They have called up to TEN times or more a day, several days a week. I cant take this anymore. I do plan to pay the debt, but their harassment is making me angry and upset. I cant list each incidence of their calls because its constant.
Company Response:
State: MO
Zip: 640XX
Submitted Via: Web
Date Sent: 2023-12-23
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A