Date Received: 2023-01-12
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Goldman Sachs Apple Card are still showing my account as open on all 3 credit reports. XXXX XXXX, XXXX, and XXXX. Apple Card are aware that I am in bankruptcy, and yet still have not closed my accounts on these credit bureaus. They also mentioned something about a charge off, which is extremely harmful to my credit score, and thats illegal to create while I am in bankruptcy as well. I have been in bankruptcy since XX/XX/XXXX, my lawyer sent a letter to Goldman Sachs/Apple XXXX back oXXXX XX/XX/XXXX. This is illegal after filing bankruptcy.
Company Response:
State: ID
Zip: 832XX
Submitted Via: Web
Date Sent: 2023-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-10
Issue: Problem with a purchase shown on your statement
Subissue: Overcharged for something you did purchase with the card
Consumer Complaint: I paid with XXXX Credit Card XXXX Goldman Sachs XXXX the services on XXXX restaurant on XX/XX/2022. Total bill was split between two parties. I was responsible for US {$50.00} ONLY. Apple card charged me US {$190.00} when I authorized and signed a voucher for US {$50.00}. I disputed the amount online and received a provisional credit of {$140.00} on XX/XX/2022. However, Apple card reversed the credit and charged me {$140.00} on XX/XX/2022. I am trying to dispute again, but I do not have any answer yet from Apple Card. I also contacted the merchant in XXXXXXXX XXXX which was not willing to help. I will try again, hope a different manager is in charge. I do not have the receipt anymore, and I was requesting a copy of the signed receipt to the restaurant. However, they mentioned that credit cards solve disputes in a different way, and Apple card never has reached to them yet to solve the issue. I will not pay for a service that I did not buy and I did not authorize. Apple Card should investigate before charging whatever they want. I never signed or authorized a charge for {$190.00}.
Company Response:
State: CT
Zip: 069XX
Submitted Via: Web
Date Sent: 2023-01-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-08
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: Summary : Goldman Sachs Bank, through its XXXX online banking division, incorrectly set up a joint account by using the primary account holder 's name and combining it with the personal information of the secondary account holder, creating an individual account with account holder information that could not be properly verified because it did not match. Had XXXX followed proper customer due diligence procedures, this error should have come to light at account opening or shortly thereafter. But this error only became apparent XXXX months after the account was established, when what should have been a relatively routine verification of a XXXX transfer from the account resulted in the blocking of the customer 's account for XXXX weeks, despite promises to investigate and resolve the matter in XXXX to XXXX business days. Considerable effort and many hours of phone time were necessary to deal with the largely callous and difficult XXXX bureaucracy to get the account block removed. Further incompetence in basic banking functions rendered XXXX helpless in resolving the basic matter of properly titling the account, an issue that remains unresolved. Details : XXXX. I and my wife opened a joint savings account with XXXX on XX/XX/2022. XXXX. The account was funded not less than XXXX times since the account was opened, and all deposits were handled without incident. XXXX. All seemed to be fine until my wife attempted to process a XXXX transfer out of our XXXX account to our joint checking account at XXXX Bank. We initially received confirmation that the transfer had been processed, but this was later reversed and our account was arbitrarily restricted from all activity. We could not even view our account online. XXXX. Our first indication of a problem were calls to my cell phone and emails sent to me asked that I contact XXXX, which my wife initially did. Representatives at XXXX essentially refused to discuss the matter with my wife, despite the fact that she was inquiring about an account that she believed to be an account in joint ownership. XXXX. When I called XXXX on XX/XX/XXXX, I was able provide answers to all of their questions, but despite several attempts they were unable to confirm my identity. Finally, after providing identifying information numerous times to several individuals such as the last XXXX digits of my SSN, XXXX, and XXXX security XXXX, I was able to speak to someone in the Fraud area. Here, after questioning the Fraud representative, I was able to learn that the XXXX withdrawal had raised concerns, which only mounted when my wife and I tried to identify and authenticate ourselves. I also learned that the account had been set up improperly, with my name as the sole owner, BUT WITH MY WIFE 'S INFORMATION SUCH AS XXXX AND XXXX LISTED AS MY INFORMATION. This explained the inability for XXXX to verify my identity when I called them. XXXX. At this point, with my wife on the call with me, we addressed every question asked by the Fraud employee, explaining that we had opened the account jointly with both of us sitting at the computer and verifying the input. We were emphatic that this was an error on the part of XXXX and not us. Despite all of this, and the admission by the Fraud employee that the account had not been opened properly, we could not get XXXX to remove the block from the account nor would they take any steps to correct the account titling issue. XXXX. Rather, we were told that an investigation would need to be conducted and that we would be called back in XXXX to XXXX business days. XXXX. Despite the promised follow-up, we never received any contact from XXXX. Instead, we called them ourselves on XX/XX/XXXX, but failed to get a live human being on the phone. The phone system repeatedly forces the caller to press XXXX to remain on the call or XXXX to receive a call back. On the surface, this is a cleverly disguised way to force callers out of the telephone queue through frustration, setting them up for a return call that will likely never be received. Despite waiting far too long for our call to be answered, the option of asking for a call back seemed ludicrous given that they failed to call us back in the first place. We finally gave up, assuming that we would be unsuccessful getting any kind of resolution on the Friday before XXXX anyway. XXXX. Receiving no communication from XXXX, we again attempted to resolve the issue on XX/XX/XXXX. On this attempt, we were at least successful in getting the block removed from our account, essentially XXXX weeks after it was put in place. This happened only because of our persistence and our good fortune in getting an account representative who was willing to help by working between what she called the " backroom '' and the XXXX area. But when we asked her to help get the account titling issue resolved by adding my wife 's name to the account, she ran into problems because the XXXX new account system could not successfully deliver a confirming email to my wife 's XXXX email account ; a real mystery because she has been able to receive other emails from XXXX. Finally we were told that the confirming email would be received by day 's end, but regardless of receipt of the email my wife would need to speak with an account representative again to fully get her part of the joint account set up. THE PROMISED EMAIL WAS NEVER RECEIVED. The duration of the telephone call to XXXX was XXXX hours and XXXX minutes. XXXX. On the following day, the account XXXX that had helped us the prior day called explaining that she was unable to get my wife 's name added to the account and she would call back later. When she finally did call, along with her supervisor, my wife was told there was a technical problem on the part of XXXX and it would have to be escalated to technical support. My wife was told that she should be contacted in XXXX to XXXX business days. The time spent on the phone for this interaction was nearly another hour. XXXX. XXXX did call again on Tuesday, XX/XX/XXXX, suggesting that my wife file an application for a new account. Doing so would have represented the XXXX such action and she declined and said we would most likely just close the account. After thinking more about it, she called XXXX back and asked to speak with a supervisor. The supervisor did try to help and worked with her to input the new account, but left the phone on numerous times, placing her of hold ( this is something that we experience repeatedly with XXXX reps ). While on hold, the call terminated abruptly. Knowing that she would have to run the XXXX of the XXXX automated telephone system to try to get back to the supervisor - a daunting task at best, she decided to wait for a call back from the supervisor. No one ever called back and this was the last contact we had with XXXX. XXXX. At this time, the account remains open as an individual account in my name. It will most likely be closed and the funds moved to a bank that is competent and responsive to its customers.
Company Response:
State: PA
Zip: 17402
Submitted Via: Web
Date Sent: 2023-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-09
Issue: Other features, terms, or problems
Subissue: Other problem
Consumer Complaint: I have not been able to view any of my transactions since XXXX. Now I can not even view monthly statements. I have no way of verifying if the purchases or amounts are accurate when paying my bill. The only method Apple allows for viewing transactions is on an Apple device, but none of my devices will show my transactions. I have several open cases with Apple to try to get this fixed, but they have not fixed it in almost 4 months and have become unresponsive when I call about the case numbers. I should not be expected to pay a statement I can not view or for transactions I can not verify. Apple needs to fix this problem ASAP.
Company Response:
State: AZ
Zip: 85304
Submitted Via: Web
Date Sent: 2023-01-09
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-07
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: This letter shall serve as formal Notice of my Intent to file a Complaint with the Federal Trade Commission and the Consumer Finance Protection Bureau, due to your blatant disregard of the law. In accordance with the Fair Credit Reporting Act, the following creditors, XXXX XXXX XXXX XXXX Acct XXXX XXXX have violated my rights. 15 USC 1681 Section 602 states that I have the right to privacy. 15 USC 1681 Section 604 ( A ) Section 2 states that a consumer reporting agency can not furnish an account without written instructions. 15 USC 1666B states that a creditor may not treat a payment on any account this is open as a consumer or revolving account as late for any purpose.
Company Response:
State: TX
Zip: 75104
Submitted Via: Web
Date Sent: 2023-01-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-06
Issue: Getting a credit card
Subissue: Application denied
Consumer Complaint: I am writing to file a complaint against Goldman Sachs, the issuer of the Apple Card, in relation to the false and misleading information provided in connection with my credit card application on XXXX XXXX XXXX. On multiple occasions, Goldman Sachs has denied my credit card application, stating that the reason for the denial was a "prior history of delinquent or derogatory accounts." However, I have provided documentation and information that contradicts this statement about my credit history. The dates of these denials were XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, twice on XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. I believe that Goldman Sachs has violated the Truth in Lending Act (TILA) and other consumer protection laws by providing false or misleading information in connection with my credit card application. I am seeking a resolution to this matter and obtaining a correction from Goldman Sachs. Furthermore, on XXXX XXXX XXXX, I sent a correspondence to Goldman Sachs regarding this issue, which they signed and acknowledged receipt of. Despite this, Goldman Sachs has continued to deny my credit card application and provide false and misleading information. The definition of "set-off" refers to a defense to all or a part of a plaintiff's monetary claim. In this case, Goldman Sachs may be using the false and misleading information about my credit history as a defense to my claim for a credit card account. This could potentially be seen as a violation of TILA and other consumer protection laws, as lenders are not allowed to use false or misleading information as a defense to a consumer's claim for an extension of credit. Additionally, the definition of "consumer" under TILA includes a natural person to whom consumer credit is offered or extended, as well as a natural person in whose principal dwelling a security interest is or will be retained or acquired if their ownership interest in the dwelling is subject to the security interest. As a consumer who applied for a credit card and has been denied based on false and misleading information, I may be able to argue that Goldman Sachs has violated TILA and other consumer protection laws by failing to disclose accurate and complete information to me as a consumer. As a result of Goldman Sachs' actions, I have been denied access to credit, which has had a negative impact on my financial situation. I have been unable to make important financial decisions and purchases because of this denial, and it has caused stress and frustration. I am seeking a resolution to this matter and obtaining a correction from Goldman Sachs. I would like to request that this matter is promptly addressed and that Goldman Sachs is held accountable for their actions. I am available to provide any further information or documentation that may be necessary to support my complaint. ------------------------------------------------------------------------------ Legal Definitions Adjustments Adjustment is a settlement, allowance, or deduction made on a debt or claim that has been objected to by a debtor or creditor in order to establish an equitable arrangement between the parties. For tax returns, an IRS-approved change to tax liability is considered an adjustment. When money is owed to a lender, debt adjustments are made by creditors or judges who exempt debtors from a part of their obligation, in light of ongoing circumstances; like insolvency. In insurance law, an insurance companys settlement on a claim is referred to as an adjustment. The companys adjustment reflects the sum of money the company is willing to pay on behalf of a claimant after negotiation and consideration of the parties gains, losses, and rights. Set-offs, contributions, and subrogation are also examples of adjustments. A set-off is a statutory defense to all or a part of a plaintiffs monetary claim. It also refers to the adjustment of losses against profit or income by a taxpayer in a particular tax year. A contribution is a payment made between defendants with joint and several liabilities in order to apportion, or adjust, for liability. Subrogation is the substitution of one person or group in the place of another with reference to a lawful claim, demand, or right, whereby the subrogating party assumes the rights and duties of the original party. Setoff 1. The right of someone who owes money to subtract from the debt any money owed in the other direction. 2. A defedant's monetary demand against the plaintiff for some injury unrelated to the plaintiff's claim. Account An account, within the context of secured transactions, is defined under Article 9 of the Uniform Commercial Code, as a right to payment of a monetary obligation. Not included: (1) letters of credit, (2) commercial tort claims, (3) deposit accounts, (4) investment property, (5) chattel paper, or (6) rights to payment for money or funds that have been advanced or sold. (2) the term account means a demand deposit, savings deposit, or other asset account (other than an occasional or incidental credit balance in an open end credit plan as defined in section 1602(i) of this title), as described in regulations of the Bureau, established primarily for personal, family, or household purposes, but such term does not include an account held by a financial institution pursuant to a bona fide trust agreement; Source 15 USC 1693a(2) 12 CFR Part 1026 (Regulation Z) 1026.2 Definitions and rules of construction 1026.2(a)(3)(i) (i) Application means the submission of a consumer's financial information for the purposes of obtaining an extension of credit. (ii) For transactions subject to 1026.19(e), (f), or (g) of this part, an application consists of the submission of the consumer's name, the consumer's income, the consumer's social security number to obtain a credit report, the property address, an estimate of the value of the property, and the mortgage loan amount sought. 1026.2(a)(8) (8) Cardholder means a natural person to whom a credit card is issued for consumer credit purposes, or a natural person who has agreed with the card issuer to pay consumer credit obligations arising from the issuance of a credit card to another natural person. For purposes of 1026.12(a) and (b), the term includes any person to whom a credit card is issued for any purpose, including business, commercial or agricultural use, or a person who has agreed with the card issuer to pay obligations arising from the issuance of such a credit card to another person. 1026.2(a)(11) (11) Consumer means a cardholder or natural person to whom consumer credit is offered or extended. However, for purposes of rescission under 1026.15 and 1026.23, the term also includes a natural person in whose principal dwelling a security interest is or will be retained or acquired, if that person's ownership interest in the dwelling is or will be subject to the security interest. For purposes of 1026.20(c) through (e), 1026.36(c), 1026.39, and 1026.41, the term includes a confirmed successor in interest. 1026.2(a)(12) (12) Consumer credit means credit offered or extended to a consumer primarily for personal, family, or household purposes. 1026.2(a)(15)(i) (i) Credit card means any card, plate, or other single credit device that may be used from time to time to obtain credit. The term credit card includes a hybrid prepaid-credit card as defined in 1026.61. (iv) Debit card means any card, plate, or other single device that may be used from time to time to access an asset account other than a prepaid account as defined in 1026.61. The term debit card does not include a prepaid card as defined in 1026.61. Credit Credit means the right granted by a creditor to an applicant to defer payment of a debt, incur debt and defer its payment, or purchase property or services and defer payment therefor. consumer credit Consumer credit refers to the ability of a consumer to access a loan. The most common form of credit used by consumers is a credit card account issued by a financial institution. Merchants may also provide direct financing for products which they sell. Banks may directly finance purchases through loans and mortgages. The law of consumer credit is primarily embodied in federal and state statutes. These laws protect consumers and provide guidelines for the credit industry. States have passed various statutes regulating consumer credit. For example, the Uniform Consumer Credit Code (UCCC) has been adopted as law in eleven states and Guam. Its purpose is to protect consumers obtaining credit transactions and ensure that adequate credit is available. To do this, the UCCC includes provisions outlawing waiving rights through contracts and sets caps on interest rates. In 1968, Congress passed the Consumer Credit Protection Act to further regulate the consumer credit industry. This act requires loan providers to explain financial terms to consumers, restricts the garnishing of wages, prohibits discrimination on the basis of sex or marital status, and established the National Commission on Consumer Finance to investigate the consumer finance industry. While this commission has since disbanded, credit card companies and credit reporting agencies are still regulated by the Act. In XXXX XXXX, President Obama signed into law the Credit Card Accountability, Responsibility, and Disclosure (CARD) Act. This statute even further constrained the practices of financial institutions that issue consumer credit cards. These new regulations include bans on practices such as charging interest on balances that have already been paid off, hiking interest rates without notice, and marketing towards college students. Additionally, the act requires interest rates on consumer credit instruments to remain static for at least one year after the consumer obtains it. Most notably, however, the CARD act contains provisions regulating the use of credit default swaps and increased penalties for noncompliance with federal credit regulations. Federal Material U.S. Constitution and Federal Statutes Consumer Credit Protection Act - 15 U.S.C, Chapter 41 Truth In Lending Act - 15 U.S.C. 1601 Fair Credit Reporting Act - 15 U.S.C. 1681 Fair Credit Billing Act - 15 U.S.C. 1637 Equal Credit Opportunity Act - 15 U.S.C. 1691 - 1691e The Fair Credit Debt Collection Act - 15 U.S.C. 1692 - 1692o CRS Annotated Constitution Federal Agency Regulations Code of Federal Regulations: 12 C.F.R. - Banks and Banking Federal Judicial Decisions U.S. Supreme Court: Recent Decisions on Consumer Credit liibulletin Oral Argument Previews U.S. Circuit Courts of Appeals: Recent Decisions on Consumer Credit State Material State Statutes Uniform Commercial Code - (As Adopted by Particular States) Uniform Consumer Credit Code New York law governing Unauthorized or Improper Use of Credit Cards and Debit Cards - New York General Business Law Article 29-A 511 et seq. New York law governing Debt Collection Procedures - New York General Business Law Article 29-H 600 et seq. New York law governing Consumer Credit Balances - New York General Business Law Article 34-A 710 et seq. California law governing credit cards and various other aspects of consumer credit - California Civil Code 1747 et seq. California law governing fees in consumer credit agreements and related consumer protections - California Financial Code 4000 et seq. State Judicial Decisions N.Y. Court of AppealsXXXX Decisions on Consumer Credit Commentary from liibulletin-ny Appellate Decisions from Other States Key Internet Sources Consumer Financial Protection Bureau U.S. Federal Trade Commission National Foundation for Credit Counseling Consumer Credit Guide House Committee on Banking and Financial Services (includes information from Subcommittee on Financial Institutions and Consumer Credit) ILRG Legal Forms Archive: Credit and Collection, Borrowing and Lending 1002.2 Definitions. For the purposes of this part, unless the context indicates otherwise, the following definitions apply. (a) Account means an extension of credit. When employed in relation to an account, the word use refers only to open-end credit. (b) Act means the Equal Credit Opportunity Act (Title VII of the Consumer Credit Protection Act). (c) Adverse action. (1) The term means: (i) A refusal to grant credit in substantially the amount or on substantially the terms requested in an application unless the creditor makes a counteroffer (to grant credit in a different amount or on other terms) and the applicant uses or expressly accepts the credit offered; (ii) A termination of an account or an unfavorable change in the terms of an account that does not affect all or substantially all of a class of the creditor's accounts; or (iii) A refusal to increase the amount of credit available to an applicant who has made an application for an increase. (2) The term does not include: (i) A change in the terms of an account expressly agreed to by an applicant; (ii) Any action or forbearance relating to an account taken in connection with inactivity, default, or delinquency as to that account; (iii) A refusal or failure to authorize an account transaction at point of sale or loan, except when the refusal is a termination or an unfavorable change in the terms of an account that does not affect all or substantially all of a class of the creditor's accounts, or when the refusal is a denial of an application for an increase in the amount of credit available under the account; (iv) A refusal to extend credit because applicable law prohibits the creditor from extending the credit requested; or (v) A refusal to extend credit because the creditor does not offer the type of credit or credit plan requested. (3) An action that falls within the definition of both paragraphs (c)(1) and (c)(2) of this section is governed by paragraph (c)(2) of this section. (d) Age refers only to the age of natural persons and means the number of fully elapsed years from the date of an applicant's birth. (e) Applicant means any person who requests or who has received an extension of credit from a creditor, and includes any person who is or may become contractually liable regarding an extension of credit. For purposes of 1002.7(d), the term includes guarantors, sureties, endorsers, and similar parties. (f) Application means an oral or written request for an extension of credit that is made in accordance with procedures used by a creditor for the type of credit requested. The term application does not include the use of an account or line of credit to obtain an amount of credit that is within a previously established credit limit. A completed application means an application in connection with which a creditor has received all the information that the creditor regularly obtains and considers in evaluating applications for the amount and type of credit requested (including, but not limited to, credit reports, any additional information requested from the applicant, and any approvals or reports by governmental agencies or other persons that are necessary to guarantee, insure, or provide security for the credit or collateral). The creditor shall exercise reasonable diligence in obtaining such information. (g) Business credit refers to extensions of credit primarily for business or commercial (including agricultural) purposes, but excluding extensions of credit of the types described in 1002.3(a)-(d). (h) Consumer credit means credit extended to a natural person primarily for personal, family, or household purposes. (i) Contractually liable means expressly obligated to repay all debts arising on an account by reason of an agreement to that effect. (j) Credit means the right granted by a creditor to an applicant to defer payment of a debt, incur debt and defer its payment, or purchase property or services and defer payment therefor. (k) Credit card means any card, plate, coupon book, or other single credit device that may be used from time to time to obtain money, property, or services on credit. (l) Creditor means a person who, in the ordinary course of business, regularly participates in a credit decision, including setting the terms of the credit. The term creditor includes a creditor's assignee, transferee, or subrogee who so participates. For purposes of 1002.4(a) and (b), the term creditor also includes a person who, in the ordinary course of business, regularly refers applicants or prospective applicants to creditors, or selects or offers to select creditors to whom requests for credit may be made. A person is not a creditor regarding any violation of the Act or this part committed by another creditor unless the person knew or had reasonable notice of the act, policy, or practice that constituted the violation before becoming involved in the credit transaction. The term does not include a person whose only participation in a credit transaction involves honoring a credit card. (m) Credit transaction means every aspect of an applicant's dealings with a creditor regarding an application for credit or an existing extension of credit (including, but not limited to, information requirements; investigation procedures; standards of creditworthiness; terms of credit; furnishing of credit information; revocation, alteration, or termination of credit; and collection procedures). (n) Discriminate against an applicant means to treat an applicant less favorably than other applicants. (o) Elderly means age 62 or older. (p) Empirically derived and other credit scoring systems - (1) A credit scoring system is a system that evaluates an applicant's creditworthiness mechanically, based on key attributes of the applicant and aspects of the transaction, and that determines, alone or in conjunction with an evaluation of additional information about the applicant, whether an applicant is deemed creditworthy. To qualify as an empirically derived, demonstrably and statistically sound, credit scoring system, the system must be: (i) Based on data that are derived from an empirical comparison of sample groups or the population of creditworthy and non-creditworthy applicants who applied for credit within a reasonable preceding period of time; (ii) Developed for the purpose of evaluating the creditworthiness of applicants with respect to the legitimate business interests of the creditor utilizing the system (including, but not limited to, minimizing bad debt losses and operating expenses in accordance with the creditor's business judgment); (iii) Developed and validated using accepted statistical principles and methodology; and (iv) Periodically revalidated by the use of appropriate statistical principles and methodology and adjusted as necessary to maintain predictive ability. (2) A creditor may use an empirically derived, demonstrably and statistically sound, credit scoring system obtained from another person or may obtain credit experience from which to develop such a system. Any such system must satisfy the criteria set forth in paragraph (p)(1)(i) through (iv) of this section; if the creditor is unable during the development process to validate the system based on its own credit experience in accordance with paragraph (p)(1) of this section, the system must be validated when sufficient credit experience becomes available. A system that fails this validity test is no longer an empirically derived, demonstrably and statistically sound, credit scoring system for that creditor. (q) Extend credit and extension of credit mean the granting of credit in any form (including, but not limited to, credit granted in addition to any existing credit or credit limit; credit granted pursuant to an open-end credit plan; the refinancing or other renewal of credit, including the issuance of a new credit card in place of an expiring credit card or in substitution for an existing credit card; the consolidation of two or more obligations; or the continuance of existing credit without any special effort to collect at or after maturity). (r) Good faith means honesty in fact in the conduct or transaction. (s) Inadvertent error means a mechanical, electronic, or clerical error that a creditor demonstrates was not intentional and occurred notwithstanding the maintenance of procedures reasonably adapted to avoid such errors. (t) Judgmental system of evaluating applicants means any system for evaluating the creditworthiness of an applicant other than an empirically derived, demonstrably and statistically sound, credit scoring system. (u) Marital status means the state of being unmarried, married, or separated, as defined by applicable state law. The term unmarried includes persons who are single, divorced, or widowed. (v) Negative factor or value, in relation to the age of elderly applicants, means utilizing a factor, value, or weight that is less favorable regarding elderly applicants than the creditor's experience warrants or is less favorable than the factor, value, or weight assigned to the class of applicants that are not classified as elderly and are most favored by a creditor on the basis of age. (w) Open-end credit means credit extended under a plan in which a creditor may permit an applicant to make purchases or obtain loans from time to time directly from the creditor or indirectly by use of a credit card, check, or other device. (x) Person means a natural person, corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association. (y) Pertinent element of creditworthiness, in relation to a judgmental system of evaluating applicants, means any information about applicants that a creditor obtains and considers and that has a demonstrable relationship to a determination of creditworthiness. (z) Prohibited basis means race, color, religion, national origin, sex, marital status, or age (provided that the applicant has the capacity to enter into a binding contract); the fact that all or part of the applicant's income derives from any public assistance program; or the fact that the applicant has in good faith exercised any right under the Consumer Credit Protection Act or any state law upon which an exemption has been granted by the Bureau. (aa) State means any state, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. delinquent Primary tabs The word delinquent may have several meanings for the law depending on the context, such as the following: A natural person or entity failing to perform an obligation. For example, a tenant who is delinquent in rental payments or a corporation that is delinquent in loan repayments. A natural person that is guilty of committing criminal conduct. For example, a juvenile delinquent that committed a crime. An obligation past due or unperformed. For example, a delinquent tax. fraud Primary tabs Fraud is both a civil tort and criminal wrong. In civil litigation, allegations of fraud might be based on a misrepresentation of fact that was either intentional or negligent. For a statement to be an intentional misrepresentation, the person who made it must either have known the statement was false or been reckless as to its truth. The speaker must have also intended that the person to whom the statement was made would rely on it. The hearer must then have reasonably relied on the promise and also been harmed because of that reliance. A claim for fraud based on a negligent misrepresentation differs in that the speaker of the false statement may have actually believed it to be true; however, the speaker lacked reasonable grounds for that belief. A promise that goes unfulfilled may give rise to a claim for fraud only under particular circumstances. For example, in California law, a false promise is only fraudulent if the promisor intended both not to perform on the promise and also that that the promisee would rely on the promise; and, the promisee must have reasonably relied on the promise and been harmed as a result of that reasonable reliance. When the promise was made as part of a contract, most states forbid a plaintiff from recovering under both contract law and tort law. Lastly, opinions are not usually actionable as fraud except under very specific circumstances defined by either the common law or statutes in each state. In California, for example, a jury may be instructed that an opinion can be considered a representation of fact if it is proven that the speaker claimed to have special knowledge of the subject matter that the listener did not have; OR that the representation was made not in a casual expression of belief, but in a way that declared the matter to be true; OR if the speaker was in a position of trust and confidence over the listener; OR if the listener had some other special reason to expect the speaker to be reliable. Once the jury decides that an opinion qualified as a misrepresentation of fact under the circumstances, the plaintiff must still demonstrate all of the other elements of an intentional or negligent misrepresentation already described, such as reasonable reliance and resulting harm. In criminal law, fraud usually takes very specific forms, such as bankruptcy fraud, credit card fraud, or healthcare fraud. California law, for example, also recognizes distinct crimes for check fraud, access card fraud, insurance fraud, and making false financial statements. Some criminal fraud statutes might be classified under laws forbidding larceny, others under forgery, and others as a crime covered by laws regarding a specific industry, like insurance or banking laws. Suspicions of criminal fraud should be reported to law enforcement authorities. deception Primary tabs Deception is the act of deliberately causing somebody to accept something as true that is not true. It is an action that hides the truth. Ohio defines deception as knowingly deceiving another or causing another to be deceived by any false or misleading representation, by withholding information, by preventing another from acquiring information, or by any other conduct, act, or omission that creates, confirms, or perpetuates a false impression in another, including a false impression as to law, value, state of mind, or other objective or subjective fact" in Section 2913.01 of its criminal code. Some common uses of the term deception in a legal sense include: In the context of theft by deception, cases such as this one from District of Columbia, explain that the term deception includes any act or communication made by the defendant which he knows to be untrue or false, including any misrepresentation as to the future, as well as the past or present. In the context of statute prohibiting unfair and deceptive trade practices, cases such as this one from Florida, explain that deception occurs if there is a representation, omission, or practice that is likely to mislead the consumer acting reasonably in the circumstances, to the consumer's detriment.
Company Response:
State: NY
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-01-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-07
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: I submitted a dispute to Sachs for a transaction made to XXXX XXXX in XX/XX/2022. Sachs sided with the company and did not do a final credit to my account. After Sachs lied about other transactions I did research on this and discovered that XXXX gave the money back to Sachs. XXXX money sucking wallet vampires
Company Response:
State: TX
Zip: 79905
Submitted Via: Web
Date Sent: 2023-01-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-07
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Notice to Agent Notice to Principal ALL CONTRACTS ARE VOID! This is the truth and nothing but the truth. If it is not THE GREAT LAW, I XXXX XXXX XXXX the living SOUL, Will not take part or honor any law that governs the jurisdiction of an illegal fiction. I will not converse in any law that is not The Great Law. Meaning adhesion contracts are hereby NOW void because they werecohesion by deception, This is Written Notice to cancel, settle, discharge, delete, destroy, burn, eliminate disappear, get rid of all illegal fiction contracts. The United States government and the XXXX has been deceiving XXXX XXXX XXXX by promoting adhesion contracts, coercive laws, deceptive laws written under the pretax of our government, but its been fraud the whole time.Notice to agent is Notice to principal.I have a bandit all contracts due to the fact I have been deceive through legalese, and I have been trapped in the deception since XXXXMy birthright and blood rights has been taking away without my consent.This is Public Notice to ALL coming from XXXX XXXX and The Great Law of The REAL Americas ALL CONTRACTS ARE HEREBY VOID DUE TO NON-PERFORMANCE BY THE GOVERNMENT AND THERE CORPORATIONS! This is a Cease and Desist to all parties involved with trying to Contract without any lawful jurisdiction to my illegal fiction. Any corporation using any form of UNIFORM COMMERCIAL CODE or Maintaining a database of any information containing the name XXXX XXXX XXXX date of birth XXXX, Social security number XXXX is FIRED. Attached are copies of my identification and The American Declaration on The Rights of Indigenous Peoples!
Company Response:
State: MD
Zip: 20743
Submitted Via: Web
Date Sent: 2023-01-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-05
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: According to my consumer report I received dated XX/XX/XXXX and XXXX XX/XX/XXXX. I have noticed various areas in the way you are furnishing my information. If you havent been made aware, there are various federal laws in place to protect me as a consumer and to construct this business transaction. As a gentle reminder you CAN NOT report/treat a payment on an open-ended credit plan as late for any reason. If you need direct citation, please refer to 15 USC 1666 ( B ). I also would like to bring forth another law pertinent to this letter ; 15 USC 1681 ( B ) where it states that I as a consumer would need to give you PERMISSION to furnish information on my behalf. Due to your companys neglect and unjust actions it has cause damage to my consumer report. You company fails to thoroughly investigate and you staff has given misinformation on important information constantly on recorded phone lines! Your apparent and constant neglect to properly carry out your job is costing me by ruining my consumer report. This letter is an attempt to remedy the following listings you have listed on my consumer report. Inaccurately. These accounts should PROMPTLY be updated as PAID/ON TIME : XXXX Bank XXXX XXXX Acct. # XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX
Company Response:
State: TX
Zip: 76549
Submitted Via: Web
Date Sent: 2023-01-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-05
Issue: Charged fees or interest you didn't expect
Subissue:
Consumer Complaint: In XXXX of 2022 I purchased a spa from XXXX XXXX in XXXX, CA. The salesperson notified me that their partner Greensky, offered an interest free loan as long as the loan was paid off in 12 months. I signed up for a loan from Greensky and purchased the XXXX XXXX. From XX/XX/2022 to XX/XX/2022 I made the minimum payment on the loan and in XXXX of 2022 I paid off the loan in full. However, I noticed that Greensky was charging me approximately {$86.00} in interest each month during the time the loan was active. This accumulated to {$430.00} in interest fees for a supposedly " interest free '' loan. I contacted both Greensky and XXXX XXXX, each of whom claims the other party is responsible for the supposed miscommunication that the loan was not interest free. I consider this an incredibly deceptive practice, as their sales persons were lying directly to me, with Greensky being complicit in this practice.
Company Response:
State: CA
Zip: 900XX
Submitted Via: Web
Date Sent: 2023-02-09
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A