Date Received: 2023-12-18
Issue: Fees or interest
Subissue: Problem with fees
Consumer Complaint: I have been paying my balance in FULL, on or before the due date for months to avoid interest. I have statements that show where, if I paid in full I was not going to be charged any interest and then random statements in between where some months they're charging interest even if it's paid in full. It makes no sense. I am being charged a " daily interest rate '' on top of the 30 day APR interest rate. I had someone call me on XX/XX/XXXX from Comentity Bank ( Victoria Secret Card Services ) stating she see what's been happening and not to worry it will all be taken care of and then today. Then today XX/XX/XXXX, I had some guy from there calling me harassing, me being very rude, telling me she was wrong and he was told to call me and clear the issue up. That they charge interest even if you pay your balance in full. " Wow, I mean if you can't paid your balance of just {$130.00} ... '' " NO SIR, I HAVE PAID MY BALANCE... IN FULL, SO WHY ARE YOU CHARGING A LATE FEE ON INTEREST?? '' MAKE SURE YOU ARE ALL CHEKING YOUR STATEMENTS MONTHLY!!!
Company Response:
State: OH
Zip: 441XX
Submitted Via: Web
Date Sent: 2023-12-18
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-18
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I am writing to formally lodge a complaint regarding serious inaccuracies present in my XXXX credit report, which I attempted to rectify through your dispute resolution process. Unfortunately, the outcome has left me dissatisfied as the reported account was not adequately verified, and the inaccurate information persists. Background : I discovered discrepancies in my XXXX credit report, specifically related to payment status, payment history, date opened, and dates of late payments. In an effort to rectify these inaccuracies, I promptly submitted a dispute letter via mail, outlining the discrepancies and requesting a thorough investigation. Unsatisfactory Results : Regrettably, the results of the investigation were far from satisfactory. Despite my efforts, the accounts in question were not verified, and the inaccurate information continues to be reported. This has a significant impact on my creditworthiness and financial standing. Violation of FCRA : It has come to my attention that my rights under the Fair Credit Reporting Act ( FCRA ), specifically outlined in 15 U.S.C. Section 602, have been violated. Section 602 emphasizes the importance of accuracy and fairness in credit reporting, mandating consumer reporting agencies to follow reasonable procedures to ensure maximum accuracy. Right to Privacy : Additionally, I would like to highlight my right to privacy, which is explicitly protected under 15 U.S.C Section 602. The inaccurate information being reported compromises not only my financial standing but also infringes upon my right to privacy, as it misrepresents my credit history. Failure to Obtain Written Instructions ( 15 U.S.C Section 604 A Section 2 ) : Furthermore, 15 U.S.C Section 604 A Section 2 stipulates that a consumer reporting agency can not furnish an account without the consumer 's written instructions. I have not provided such instructions, yet the inaccurate information persists on my credit report. Attached FTC Report : In support of my complaint, I have attached the FTC report with the report number XXXX. This report details the inaccuracies and the steps I have taken to address them, providing a comprehensive overview of the situation. Request for Remedial Action : I hereby request a thorough and immediate reevaluation of my dispute, ensuring that all relevant accounts are verified and the inaccurate information is rectified in accordance with the FCRA. Additionally, I urge XXXX to take corrective measures to prevent such violations in the future. Next Steps : If this matter is not resolved promptly and satisfactorily, I may be compelled to pursue legal action to safeguard my rights under the FCRA. I appreciate your prompt attention to this matter and expect a timely resolution. Please provide written confirmation of the actions taken to address this complaint within 30 days of receiving this letter.
Company Response:
State: GA
Zip: 30223
Submitted Via: Web
Date Sent: 2023-12-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-18
Issue: Problem with a company's investigation into an existing problem
Subissue: Difficulty submitting a dispute or getting information about a dispute over the phone
Consumer Complaint: I tried to log in to make a payment on my XXXX credit card issued by Comenity/Bread Financial on XX/XX/2023. The site was down and I was forced to call Comenity directly because the payment was due on XX/XX/XXXX. The agent I spoke with took my banking details and I asked that she apply a {$150.00} payment to the account. On XX/XX/2023, I noticed that the payment had not been debited so I call back and was initially told that the payment was returned by my bank. I explained that was not true as I was looking at the account online and there were no returned checks/ACH payments. After speaking with 5 people for over 1 hour and 45 minutes, Comenity 's support agent explained that the payment had not been returned, rather the account information provided was wrong. I explained that was not possible as I read the information directly from my bank account page. They listened to the call from the previous week and finally acknowledged that the agent from the prior week had entered the information incorrectly. Unfortunately, Comenity had already reported the delinquency to the credit agencies. The last agent provided me with a letter stating that the account was in fact up to date and not delinquent. However, the ripple effect of their error has caused major impact to my credit score ( dropping by XXXX points ), which then caused the Comenity to lower the credit limit on the XXXX credit card by 35 % ( from {$2000.00} to {$1300.00} ) and lowered the credit limit on my other Comenity issued card for Ulta Beauty by 25 % ( from {$1300.00} to {$1000.00} ), which has further impacted my credit score. I have filed disputes with the 3 major credit bureaus, and I have used the letter provided to me by Comenity, acknowledging the error, to request that my credit limits be restored to the same limit provided prior to the Comenity error. My issue is the efforts/urgency of Comenity to correct this. All of this was set in motion by Comenity down website and the error in transcribing the banking information, yet, other than their providing me a letter stating the account is not delinquent, there has been zero urgency to correct/restore the credit. I am reporting as I saw during my search for a direct contact in Bread Fianacial/Comenity, that this company has already been sued once for applying late fees when customers were unable to log into the site to pay their bills and was penalized with a hefty fine. There seems to be no change in their practices. They need to be help accountable for their errors and possibly further penalized.
Company Response:
State: DC
Zip: 20008
Submitted Via: Web
Date Sent: 2023-12-18
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-18
Issue: Problem with a purchase shown on your statement
Subissue: Credit card company isn't resolving a dispute about a purchase on your statement
Consumer Complaint: On XX/XX/2023 i charge my card in the amount of XXXX and i left out of the store with the purchase of my son items i also tried to charge more items that suppose to been delivered to my house and never got delivered i asked that they remove the money that was charge and they said they had to investigate the charges and they gave me all these credit and rewards for me to used for free so my balance should be XXXX it is XXXX in which that is not the correct balance they refused to fixed the problem i was advised by XXXX today that they closed the account on XX/XX/2023 but never sent nothing to my house stated that please i need your help in fixing my bill the company is commenity bank with children place
Company Response:
State: MD
Zip: 20737
Submitted Via: Web
Date Sent: 2023-12-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-18
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer 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 ) ( 1 ) 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 November 1, 1977 from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open end consumer credit contract before November 1, 1977, 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: 2023-12-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-17
Issue: Threatened to contact someone or share information improperly
Subissue: Talked to a third-party about your debt
Consumer Complaint: Comenity Bank XXXX XXXX XXXX XXXX XXXX evidentially went on the internet and searched for anyone who might know me. They contacted people with whom I am acquainted and relatives in four different states trying to collect a debt. The debt is being handled by XXXX XXXX XXXX and they had no right to contact people that are not listed on my account to threaten them with collections. Those people have no knowledge of my debt and I strongly resent Comenity Bank contacting my fiends and relatives when they are not listed on my account. They have been told numerous times by me that XXXX XXXX XXXX is handling the debt. I need Comenity Bank to stop contacting unauthorized people concerning my debt. XXXX with customer service was extremely rude to everyone that she contacted, even calling my son at work.
Company Response:
State: VA
Zip: 23139
Submitted Via: Web
Date Sent: 2023-12-27
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-17
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: Recently I did an investigation on my credit report and found unverifiable, invalidated, inaccurate, and questionable items that COMENITY BANK didn't make sure was reporting 100 % correct. Under 15 U.S. Code 1681e ( b ) ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. I know that Under 15 U.S. Code 1681i ( 5 ) Treatment of inaccurate or unverifiable information ( A ) In general If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation ; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer. if you are unable to provide me a copy of verifiable proof within 15 days after your investigation, you must remove the accounts and or the information listed below. Thanks for your help with this matter. COMENITYBANKXXXX XXXX XXXX XXXXXXXX
Company Response:
State: TX
Zip: 752XX
Submitted Via: Web
Date Sent: 2023-12-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-17
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: Recently I did an investigation on my credit report and found unverifiable, invalidated, inaccurate, and questionable items that COMENITY BANK XXXX didn't make sure was reporting 100 % correct. Under 15 U.S. Code 1681e ( b ) ( b ) Accuracy of report, whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. I know that Under 15 U.S. Code 1681i ( 5 ) Treatment of inaccurate or unverifiable information ( A ) In general If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation ; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer. if you are unable to provide me a copy of verifiable proof within 15 days after your investigation, you must remove the accounts and or the information listed below. Thanks for your help with this matter. I really hope we do not have to take this to court. The following account is in question CBXXXX XXXX
Company Response:
State: TX
Zip: 752XX
Submitted Via: Web
Date Sent: 2023-12-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-17
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I received a notice from Comenity Capital Bank on XXXXXXXX responding to a notice I wrote to the company on XXXXXXXX in regard to an account number ending XXXX being reported inaccurately on my consumer report, Your company responded back saying you investigated, and the account was accurate, I never asked for you to do an investigation on this account, I explained that the company was reporting inaccurate /incorrect information on my credit report. Since XX/XX/XXXX you have been reporting XXXX as a charge off, a charge off is considered a certificate of indebtedness and according to the IRS a charge off is considered income and income does not get reported to the consumer report and must be filed on your taxes even if it's under XXXX dollars, according to the IRS. Pursuant to 15 USC 15 1681s-2 it is Comenity Capital Bank responsibility to provide accurate information. To continue to report this inaccurate information on my consumer report is a FCRA violation. You have been put on notice that the information you are reporting is inaccurate. Your company is also in violation of 15 USC 6802, you were not supposed to share or sell my nonpublic personal information to a nonaffiliated third party for profit without my consent, XXXX, XXXX, and XXXX are all also third party nonaffiliates, you were not supposed to share my information without giving disclosure in writing or electronic form that such information may be disclose and giving me the opportunity, before the time that such information is initially disclosed, to direct me on how I can opt out of my information not be disclosed. Pursuant FCRA 15 USC 6803 you violated my privacy rights, you were to maintain and protect the confidentiality and security of my nonpublic information. even if I ceased to be a customer of your financial institution, I never gave you consent to share or sell my identifiable information you violated the Privacy Act of 1974. You are now put on notice that you are reporting inaccurate information, and you are in violation of my Federally Protected rights, as a natural person.
Company Response:
State: NJ
Zip: 07109
Submitted Via: Web
Date Sent: 2023-12-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-18
Issue: Problem with a company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: XXXXXXXX XXXX XXXXXXXX In accordance with the fair credit XXXXXXXX XXXX # XXXX, has violated my rights. 15 USC 1681 Section 602 States I have the right to privacy. 15 USC 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions. 15 USC 1666B : A creditor may Mok treat a payment on a credit card. account under an open end XXXX consumer credit plan as late for m and purpose. XXXX XXXX XXXX XXXX. XXXX XXXX Get late payments removed from your credit report # credit # XXXX ... more Add comment... @
Company Response:
State: CA
Zip: 90706
Submitted Via: Web
Date Sent: 2023-12-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A