Date Received: 2023-09-07
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: On XX/XX/XXXX, I initiated an ACH transfer using Synchrony bank 's web site to move {$80000.00} from my XXXX XXXX XXXX XXXX XXXX XXXX business savings account. On XX/XX/XXXX, Synchrony rejected the transfer. The email I received from Synchrony said to call XXXX XXXX XXXX to make sure I get my funds back. On XX/XX/XXXX, I called Synchrony to find out why it was rejected. I was told she could see the transfer had failed and that it was because my XXXX account is a business account. She said that the funds would be back in 3-5 days but I should to call XXXX to verify. On XX/XX/XXXX, I called XXXX and was told she could also see the failed transfer status and the funds should be back in my account that day or the next day. On XX/XX/XXXX, with still no funds, I called Synchrony again. I was told that even though the transfer was denied on XX/XX/XXXX, they didnt final fail it until XX/XX/XXXX. I was told to wait another 2-3 days for the funds to come back. On XX/XX/XXXX, with still no funds, I called Synchrony again. They now claim they never took the funds and that they are still in the ACH. However, the funds were somehow held by them until the final fail on XX/XX/XXXX so XXXX insists that Synchrony must have taken possession of them at some point. They also informed me that ACH is not a holding account so my funds can not be sitting in the ACH as Synchrony states. Synchrony also claims that XXXX needs to " reclaim '' the funds from the ACH. XXXX says theres no way for them to do that. Since then, I have spent hours on the phone with both banks and hours in a XXXX branch office. XXXX continues to try to help us with this, but there's nothing they can really do. Meanwhile Synchrony denies any involvement and blames XXXX entirely, even though Synchrony initiated the transfer. At this point, no one can fix this and weve lost {$80000.00}.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 32779
Submitted Via: Web
Date Sent: 2023-09-07
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-07
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I applied for a payment plan with both my Lowe 's and Amazon cards on XX/XX/23 with the understanding that I'm all caught up on any late fees/late payments. Synchrony, the company who issues the credit cards informed me multiple times over the phone ( recorded conversations ) informed me multiple times that there are no additional payments I need to make and I'm not considered late as long as I meet the minimum for the plan they put me on. I found out on XX/XX/XXXX that this was a lie after speaking with a supervisor and requested they investigate their conversations so this wouldn't reflect poorly on my credit report. They told me this would take 30 days and I never received any correspondence from them. They've abused my credit by reporting late payments that shouldn't have been considered late as they never informed me that I was behind when setting up this plan. They never sent the findings of the investigation even though they have recorded conversations.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AZ
Zip: 85383
Submitted Via: Web
Date Sent: 2023-09-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-07
Issue: Closing an account
Subissue: Can't close your account
Consumer Complaint: I have a CD account at Synchrony bank that was maturing XX/XX/. I wanted to close the CD at maturity. There is no way to close a Synchrony CD on-line ; it must be done over the phone. On XX/XX/, I called and spoke with " XXXX. '' I told him that I wanted the CD in question closed at maturity, with the proceeds sent to me with via a signature-on-receipt type of delivery. The call took at least half an hour, with me being on hold for prolonged periods of time. At the end of it, I was told that the maturity / closeout instructions had been submitted and that I would get the check within 7 to 10 days of the date the CD matured. On XX/XX/XXXX I logged on to Synchrony Bank to check on things, only to find that the CD had automatically renewed. I called Synchrony immediately and spoke with " XXXX. '' He said the computer information was incorrect and a check was on its way. At first he told me that the check had been cut the previous day and was being sent with signature required for delivery via XXXX XXXX. When I asked for the XXXX XXXX tracking number, he clicked around on the computer for a bit, put me on hold, etc., then eventually came back and said, well, it was sent yesterday, but apparently it's just coming in the regular mail. ( OK, well, not what I asked for, and there's nothing I can do to change the situation ... hopefully it will get here. ) Then the morning of XX/XX/XXXX I got an email from Synchrony to let me know that the CD had renewed. ( Yes, the CD that I specifically asked to cash out, TWICE, before getting the message. ) I again called Synchrony for another long ( 30-45 minute ) call, this time with " XXXX '' (? ), again with multiple periods of being on hold. I explained the situation. " Your system and your emails indicate that the CD I want to cash out has auto-renewed, when I have requested that it be closed. '' She looked into things, and first she told me that the check process had been completed on the XXXX ( today ) and that I should get the check in 7 to 10 days. ( Note that this is different from what " XXXX '' told me the previous day -- he said the check was already in the mail ). When I asked why, then, did the account information on line say that it had auto-renewed, she said that the computer reflected an automated process and was not showing the correct information and basically not to worry about it. I wanted to verify that the check was coming via a signature-on-delivery method, and she said she would have to check. More on-hold time. Then she came back on the phone and said that, well, actually the check HADN'T been cut yet after all, but that the process had now been started ( remember, this is my THIRD phone call and THIRD attempt to get the CD closed! ). She would have to check with her manager about sending the check signature-on-delivery. Then she hung up on me when she was trying to put me on hold. As I was trying to get reconnected with the bank, she did call me back. Then she promptly put me on hold again. She came back and said that yes, it was approved, the check would be coming via XXXX XXXX, it was being sent out today ( XX/XX/XXXX ) but could not provide me with a tracking number ; she said I'll have to call back tomorrow and get that. At this point, I am mystified at why it has taken THREE ATTEMPTS ( and based on what's happened so far, may take more ) to get this CD closed and to get my money back. I think they are fraudulently trying to get it to auto-renew, stalling me until everything 's past the grace period to a point in time where I won't be able to cash it out without penalty. Since you can't close a Synchrony CD on-line, I have no written proof other than cut-and-paste to a XXXX file of a message I sent them yesterday. They say they have recordings of our conversations, but that really doesn't help _me_ any. I requested written acknowledgement of the CD closure and the delivery instructions, but was told that they were unable to do that. I have received no written verification from them that they are actually closing the CD as per my wishes ; instead, I keep seeing and getting emailed information that the CD has renewed. This is either incompetence or fraud. I'm beginning to think the latter, especially when I have looked at other reviews about and complaints about Synchrony. Closing a CD should be simple. I have never had these sorts of issues with any other bank.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AL
Zip: 35801
Submitted Via: Web
Date Sent: 2023-09-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-07
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: I get 1-2 phone calls a day about an alleged debt I owe. I contacted them and informed them that they can not call me more than 7 times within 7 days. They continue calling even while apologizing over calling so many times
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: OH
Zip: 446XX
Submitted Via: Web
Date Sent: 2023-09-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-07
Issue: Closing your account
Subissue: Company closed your account
Consumer Complaint: On XX/XX/21 I made my scheduled {$30.00} payment to Synchrony Bank/ Carecredit XXXX It was confirmed by my bank XXXX XXXX that the amount was drafted and successfully paid out. Carecredit sent me notice on XXXX the payment returned as insufficient funds and that was not correct. I submitted multiple proofs that the funds were received on their end and even got a manager that confirmed they received my payment. They closed my CareCredit account anyways and said there were somehow 2 payments made that day but I never authorized 2. They have not been able to give me evidence of 2 payments and one being returned.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TN
Zip: 38018
Submitted Via: Web
Date Sent: 2023-09-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-07
Issue: Closing your account
Subissue: Company closed your account
Consumer Complaint: On XX/XX/ one of my oldest accounts was closed due to inactivity which severely damaged my credit score. I never received anything that said they were going to close my account or that my account was in jeopardy of being closed due to inactivity or that they could close it due to inactivity. The only reason there was no inactivity is because it was during the Covid pandemic and things were really hard and I was struggling. I caught XXXX a couple times Ive lost people to XXXX, its just been a really hard last few years, I have worked very hard to get my credit score to where it is and because they close this account I lost XXXX points off my credit score, which really hurts and affects me. I was planning on buying a house and now Im not able to because its more difficult with a lower credit score and its taken me years to get my credit score to where it is. I called the credit card company to ask for anything thats says they were going to close it or that they could close it but they said that I should have gotten something after a year but its been 3 years that I havent gotten anything but they said were just now going to send me that information and they said theres nothing else that they could do but to call the credit bureau. I called the credit bureau and they told me the only thing I could do is call CFPB so this is where Im at now submitting a complaint to hopefully get this situation resolved because I dont think its fair that they can close an account without at least giving you a notice so you can have a chance to fix the situation before it happens or tell you when you get the credit card that your account could be closed due to inactivity before you get the credit card not after because the only reason I got the credit card was for that one purchase, had I been told I need to use it to keep it open I would of used it a little to keep it open.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 95351
Submitted Via: Web
Date Sent: 2023-09-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-06
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: To : Synchrony Bank ( SYN ) all accounts. I write to you regarding your arbitration agreements, provisions and clauses contained in your cardmember agreements submitted to the CFPB as required by law. Pursuant to paragraph 7 of your Arbitration PROCEDURES, I WANT TO ARBITRATE and NOTIFY you in writing of my election, choice, demand and notice to exclusively resolve our disputes with Arbitration with XXXX as my choice of Arbitrators. Notice is Given that if you do not file papers with separate case numbers for each of your account Claims with XXXX and pay all fees within 5 business days, I will assume that you have abandoned any Claims so I will file my own consumer Claims for each account with XXXX seeking statutory and punitive damages for negligent and willful violations of the FCRA and FDCPA for {$70000.00} for every account further demanding IN-PERSON Hearings for each account with separate arbitrators. Despite numerous demands, SYN has concealed disclosure and negligently failed to provide me copies of said applicable agreements with arbitration provisions in deliberate violation of law. I again demand a copy of your cardmember agreement for every one of my SYN credit card accounts with account numbers engraved to each agreement. Pursuant to your arbitration agreements, I again ELECT, CHOOSE and DEMAND that you file for Arbitration for your claims and pay 100 % of the appropriate filing fees and arbitrator fees required by XXXX ( I Elect to choose XXXX ) or XXXX to have any Claims by either of us resolved exclusively by arbitration. Simply stated : ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURTALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION. Your SYN arbitration agreements stated : NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE. If you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between youand usArbitration may be requested at any time, even where there is a pending lawsuit, unless trial has begun, or a final judgment entered. any dispute that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide. The party who wants to arbitrate must notify the other party in writing. This arbitration agreement provides that all disputes between me and SYN must be resolved by BINDING ARBITRATION whenever you or we choose to submit or refer a dispute to arbitration. By accepting this arbitration agreement SYN and I GIVE UP YOUR RIGHT TO GO TO COURTAll Claims are subject to arbitration whether they arose in the past, may currently exist, or may arise in the futureAlthough under some laws you may have a right to an award of attorneys fees and expenses if you prevail, you agree that you will not seek such an award under Rules of the XXXX. Moreover, any one of my exhaustive claims for FCRA violations, for which there is no defense, is sufficient standing alone to rule the consumer as the prevailing party to thwart any attempt to be awarded attorney fees. SYN agreed that it will pay any costs that are required to be paid by under the arbitration administrators rules of procedures. SYN also agreed to reimburse me for any initial arbitration filing fees I have paid. SYN also agreed to pay any fees of the arbitrator and arbitration administrator for at least the first two days of any hearing. If I win the arbitration, SYN will reimburse you for any fees I paid to the arbitration organization and/or arbitrator. Since I am unable to afford any fees due to my limited Exempt Social Security benefits, that would be mine to pay to the arbitration administrator, SYN agreed to pay all fees. Multiple arbitration provisions, including Rules of XXXX, require SYN to pay 100 % of all fees waiving recoupment of arbitration fees, attorney fees and other costs. This means that litigation is PROHIBITED and litigation will not be tolerated. More importantly, this means that the cost to arbitrate exceeds your Claims so arbitration has no real purpose except to harass, without even considering my FCRA claims. The agreement implies that if SYN willfully violates it, even after my election, choice and demand for arbitration, by filing prohibited and barred litigation, such as in a state or federal court, then not only will the litigation be void mandating dismissal but appropriate action will be taken to compel arbitration. If any Claim is advanced improperly in a court by SYN, arbitration may be elected under this provision and compelled instead. This means that effectively, due to my election and choice and demand, you must file an arbitration demand with XXXX ( or XXXX ) and pay all fees so any litigation would be null and void as a mere ministerial filing of a demand with fee payment would NOW effectively be assumed and concluded that the Claim is NOW in Arbitration making litigation barred as a Claim can not be litigated and arbitrated in 2 separate forums when you have agreed to arbitrate as the sole forum. So if you frivolously sue me in a court, after my election today, in violation the your agreement NOT to litigate, the Clause anticipates that I would file a Motion to Compel Binding Forced Private Arbitration with XXXX or XXXX which would AUTOMATICALLY STAY any litigation under Florida Statutes ( FS ) Section 682.03 ( 6 ) which specifically provides that once a motion to compel arbitration has been filed, the court must STAY any judicial proceeding that involves a claim alleged to be subject to Arbitration until the Court renders a final decision on arbitrability of the dispute. Any decision on a Motion to Compel Arbitration is an appealable decision which, if appealed which I would do if denied, would further Automatically STAY the case pending Appeal for at least 12-24 months. See US Supreme Court XXXX XXXX XX/XX/XXXX decision in COINBASE v Bielski . If I am improperly sued in a state court and you do not agree to arbitrate, I would file a Petition in the United States District Court for the Middle District of Florida Orlando Division to Compel Arbitration with XXXX or XXXX. Under the Federal Arbitration Act, a party aggrieved by the alleged failure, negligent or refusal of another to arbitrate under a written agreement for arbitration may petition any U.S. district court for an order directing that such arbitration proceed in the manner provided for in such agreement. I would easily be successful in any expected federal court action if I am improperly sued and you refuse to arbitrate. While I could file for arbitration with the XXXX or XXXX I want to avoid stupid litigation if I pay the initial {$220.00} fee and you litigate in federal court that you should pay the fee costing {$50000.00} in attorney and other fees for no reason other than to harass. So if you want to collect your disputed Claim you must file a Demand For Arbitration Consumer Arbitration Rules with XXXX or XXXX and pay all fees including those of the Arbitrator which easily will be ultimately over {$25000.00} which will not be recoverable from me including your attorney fees even if you prevail which is impossible due to my Claims against you for multiple statutory FCRA willful violation plus punitive damages far exceeding your dispute Claim. Your arbitration terms of service incorporates by reference the XXXX Rules that expressly delegates arbitrability determinations to an arbitrator and the agreement clearly and unmistakably evidences the parties intent to empower an arbitrator, rather than a court or judge, to resolve questions of arbitrability. See AIRBNB V DOE, Florida Supreme Court # SC20-1167 decided XX/XX/XXXX. Therefore, once an arbitration agreement is presented to a court, the court is powerless to consider arbitrability as such has been delegated to the arbitrator. Due to your arbitration provisions, courts are powerless to act and they are automatically stayed if I move to compel arbitration. Dont waste your money with court filing fees, costs and attorney fees as you will alienate the court and waste resources only to find court actions forced into arbitration with XXXX Or XXXX That is why court actions are automatically stayed to prevent a complete waste of time as arbitration agreements must be enforced. Besides, court decisions are clear that Florida does not have a Small Claims Court, but a mixture of rules so again dont embarrass your attorneys by asking them to frivolously litigate. Nothing in the agreement permits or even discusses the possibility allowing you to file a lawsuit against me in any court. Lets arbitrate!!! File with the XXXX or XXXX and pay the huge fees. Never expect XXXX fees to be recouped. Never expect a return of attorney fees. I will automatically appeal any decision of a court, state or federal, that does not compel arbitration and provide me relief from frivolous conduct such as Federal Rule 11. If you sue me in state court, you will certainly see a motion To Compel Arbitration, staying it, PLUS a federal court Petition to compel arbitration PLUS a Demand for Arbitration by me with the XXXX requiring you to pay all fees PLUS federal claims for FCRA and FDCPA violations both in federal court and XXXX. By virtue of my election in this document and previous documents, it is indisputable that the Claim and Dispute is already with the XXXX absent a mere ministerial 2 page demand by you with your payment of XXXX fees. So court litigation is completely barred and any such filing will be considered frivolous willful conduct punishable under the FCRA and FDCPA punishable with a dismissal with prejudice of any court claim. If you are stupid and just want to harass me, you should expect years of litigation in multiple state and federal courts, including the US Court of Appeals PLUS no court would enforce any XXXX award against me due to your conduct including FCRA and FDCPA violations. In SAUNDERS v Branch Banking, 526 F.3d 142 ( 4th Cir. 2008 ), the jury awarded Saunders {$1000.00} in statutory damages and {$80000.00} in punitive damages for FCRA violations for failing to report the ongoing dispute. Using the multiple of 80 upheld, if I am awarded {$10000.00} in statutory damages I expect {$800000.00} in punitive damages applying the 80 multiple. Moreover, the Saunders jury found that the underlying debt was extinguished and uncollectible due to conduct far less than yours. This means that your Disputed Claim must be extinguished due to your FCRA violations PLUS I have huge claims for multiple ongoing statutory and punitive damages. My FCRA violations against you are DEEMED WILLFUL, providing a {$1000.00} statutory damage per violation based on on the CFPBs XX/XX/XXXX Fair Credit Reporting : Facially False Data advisory opinion of Director XXXX XXXX which stated : A violation is willful when it is inconsistent with authoritive guidance from a relevant agency. Therefore, every FCRA must be considered WILLFUL subjecting you to liability under 15 U.S.C. Section 1681n for willful noncompliance in addition to Section 1681o for negligent noncompliance. Federal courts would have federal question jurisdiction under 28 U.S.C. Section 1331 as they have jurisdiction to enforce liability under 15 U.S.C. Sections 1681p and 1692 ( k ) without regard to the amount in controversy. At a minimum, I can only settle a claim if you agree to absolute confidentiality of settlement PLUS the permanent removal of Claims from every credit reporting agency which will not disclose or imply settlement. Any written settlement must also include general releases of all parties to forever end the possibility of future litigation. While judges, mediators and arbitrators always try hard to force settlement, I am always open at any time to settle a dispute under fair terms based on developments. If you sell a claim to a debt buyer, your liability will not end but it may increase and arbitration will still be required and enforced ending up more complicated with more parties. In summary, the ball is in your court on how you wish to resolve the dispute which may be best taking the tax deduction and walking away without selling the toxic claim. I will not be the first to seek relief but, as listed above, I will aggressively counter any and all efforts to collect your disputed claim in litigation and/or arbitration. Dont waste $ XXXX in your shareholders money for XXXX arbitration fees and your attorney fees to try unsuccessfully to collect {$0.00} owed knowing that I am owed potentially huge statutory and punitive damages. In light of my cease and desist demand which continues forever as I will never withdraw it, I can not communicate with you but I invite you to make a one time permissible exception for you to WRITE me in the CFPB portal about what non-binding exact terms you may consider to resolve all claims. I hope this CFPB complaint will make my position clear about forum resolution options which exclusively require arbitration with the XXXX. If this is not enough, I am a XXXX XXXX XXXX male in poor health with a short time more to live and I am judgment proof as my entire income is from Social Security, exempt from garnishment, and I have no other income or assets and I need treatment abroad and residency abroad. Serving me abroad will not comply with the XXXX and will only result in any attempted service to be return as unserved. I hope this informs you of the situation so you do the right thing. One last thing, saving the most important for last, you run a certain risk of becoming a target for CFPB enforcement actions against violators which could amount to hundreds of millions of dollars in damages. Dont let CFPB Director XXXX XXXX follow through with his public promises to protect consumers from abusive and deceptive financial practices, focus on actors causing harm to take advantage of consumers, holding individual executives accountable, be very quick to lay the hammer down on violators, prosecute violators, name people individually and bar individuals from the industry, and often criminally refer them for prosecution. XXXX XXXX XXXX, who had been instrumental in creating the CFPB says still screwing over consumers-it appears that cheating consumers is simply in [ your ] DNA At best you were incompetent, at worst you were complicit and either way you should be fired. The American people deserve a Congress that worriesabout helping regular people who have been cheated on mortgages, on CREDIT CARDS, on student loans and on CREDIT REPORTS. Our dispute, unless quickly resolved to my satisfaction, will get the attention of XXXX XXXX and Director XXXX if I have to name the CFPB as a party in federal court to enforce its obligations. SYN is not FCRA and XXXX XXXX Compliant and obviously is incapable of complying with its obligations which are a precondition for any credit card Claims you may have. While bankruptcy filings and complex bankruptcy adversary proceedings are highly unlikely due to my Claims against you, I will have no problem in filing a voluntary XXXX XXXX XXXX to wipe out your Claims if at any time it would be in my best interest. The bottom line is only your attorneys will get rich if you try to fight me. You will get {$0.00} with unlimited potential expenses. Mitigate your losses. Abandon your claims.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 32836
Submitted Via: Web
Date Sent: 2023-09-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-06
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: account # XXXX XXXX XXXX XXXX reported a {$540.00} balance increase that caused my credit score to drop XXXX points.This is a personal loan not revolving credit each month my balance decrease not increase this is inaccurate reporting on my report. Account # XXXX XXXX reported {$7.00} increase on my report which caused my credit score to drop XXXX points when in fact my balance decrease.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 32277
Submitted Via: Web
Date Sent: 2023-09-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-06
Issue: Trouble using your card
Subissue: Can't use card to make purchases
Consumer Complaint: We've responsibly managed a credit line of {$20000.00} with Synchrony MasterCard for years. On XX/XX/XXXX, our house was struck by lightning causing extensive fire damage to our attic. On Wednesday, XX/XX/XXXX, we initiated an " early '' payment to Synchrony of {$11000.00} to free up spending on our credit card for extensive repairs while awaiting reimbursement from our insurance company. Despite Synchrony withdrawing the {$11000.00} from our checking account on Friday, XX/XX/XXXX, they suspended any use of our credit line ( even declining a {$2.00} autopayment to XXXX ) until Thursday, XX/XX/XXXX, at which time Synchrony only restored our credit line to {$7100.00}. Multiple attempts to communicate with Synchrony 's Corporate officers ( and XXXX 's XXXX who promotes this card to its members ) by phone, fax, and email have been unsuccessful and in reviewing comments on Synchrony 's XXXX page, it sounds like this is not an isolated incident.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 32571
Submitted Via: Web
Date Sent: 2023-09-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-06
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Part 2 of 2 Debt Validation for every Synchrony Bank credit card Details about your authority to collect this debt. I would like more information about your firm before I discuss ( in writing, of course ) the debt with you. Does your firm have a debt collection license from my state? If not, say why not. If so, provide the date of the license, the name and previous names on the license, the license number, the valid status of the license and the name, address and telephone number of the state agency issuing the license. Also provide me with any name currently and previously included as a debt collector for making CFPB complaints on its website. If you are contacting me from a place outside my state, does your firm have a debt collection license from that place? If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license. I have asked for this information because I have some questions. I need to hear from you in writing with all documentation requested herein to make an informed decision about your claim that I owe this money. I expect a one time written communication for this purpose but only in writing provided you fully address each and every item of requested data I seek. In order to make sure that I am not put at any disadvantage, in the meantime please treat this purported debt as being in dispute in its entirety. Nothing contained in my letter should be construed in any way as an admission of any responsibility whatsoever for the purported claim. Failure to respond in writing controverting my allegations and points shall be deemed your admission by your non response and all conflicts shall be resolved in my favor. In addition to providing the information requested above, please let me know whether you are prepared to pay me for statutory and punitive damages in an amount not less than the balance you are claiming is owed. If so, please tell me in writing your offer with the amount you will pay me to fully resolve the account with an exchange of mutual general releases which, of course, would require permanent deletion from every CRA file of any reported data, if any. In addition to the Federal Fair Debt Collection Practices Act, the Florida Consumer Collection Practices Act prohibits harassment, false or misleading statements and unfair practices by collection agencies and debt collectors. Some violations of these acts are listed below : 1. They threaten to tell your employer or neighbors about the debt ; 2. Threaten violence against you ; 3. Threaten to have you arrested ; 4. Communicate with you or your spouse more than three times a week ; 5. Harass, intimidate, threaten or embarrass you ; 6. Imply that documents sent to you are legal documents or government documents ; 7. Imply that you can be deported ; or 8. Solicit a postdated check in order to threaten criminal prosecution. The CFPB and advocates recommend consumers to also check to see if their state licenses debt collectors and if the company that is contacting them is licensed. If a state does not license debt collectors, check the registry for a neighboring state. Some states also provide licensing information to the XXXX XXXX XXXX XXXX at XXXX. That website will thus provide a few more states where the debt collector might be licensed. I purposely repeat myself to make it clear that I need to know complete details of what licenses you are required to have and what licenses you have. The CFPB and others recommend the Stop Contact or Cease Letter strategy to stop collection harassment by writing the collector a stop contact letter, also called a cease letter. Then the collector can only acknowledge the letter and notify the consumer about legal steps the collector may take. This protection usually only applies to collection agencies hired by the creditor or debt buyers that purchased debts from the creditor, but even creditors collecting their own debts must honor such requests as basic agency law requires creditors to be responsible for actions of the bill collector agents. Again, as stated above purposely several times to make the point absolutely clear, please stop contact and cease further communication of any kind whatsoever. I have also stated several times what advocates call the Exempt Income Letter to avoid fruitless expenses. If a consumers only sources of income are state or federal government benefits, their income may most likely be exempt or protected from collection. If the collector is informed that government benefits are the consumers only source of income, the collector may voluntarily stop contacting them about the alleged debt. Collectors can be informed that all of the consumers income is exempt which I have done to avoid an unreasonable multiplicity of proceedings having no purpose. Again, All of my limited income is from EXEMPT sources! Again, you should consider this a Dispute Letter as I DISPUTE the entire purported claim. If the consumer believes the debt is not theirs, that the amount is incorrect, or that there is some other error, the consumer or their attorney should send the collector a dispute letter. Collectors make a lot of mistakes and disputing the debt may help resolve the matter. Federal law requires debt collectors to provide validation information about the alleged debt and consumers rights to dispute the debt. Collectors will be able to provide this information in writing. It is recommended that if a debt collector claims to have sent a notice previously but the consumer never received it, ask for another copy. Keep a copy of any letters that are sent. It is best to send the letter by mail, return receipt requested. A CFPB complaint is the best method to document a DISPUTE and Debt Validation as it not only proves delivery to the Debt Collector but it requires the Debt Collector to respond promptly. Debt Validation letters and Disputes can also be sent electronically using any type of electronic communication that the debt collector uses to accept consumer communications. If the collection agency accepts emails from consumers, the dispute letter can be sent via email. To insure this letter is not lost, delayed in the mail or mishandled by the Debt Collector, I am also sending this letter with any attachments via the CFPB Complaint Portal and website to assure receipt and guarantee a timely response. Advocates such as the CFPB state that a dispute letter may be combined with a request for more information in a Verification Letter. Often it is not even clear what debt a collector is contacting the consumer about, and in that case, the consumer should not pay the collector until more information is obtained. Federal law requires debt collectors to provide validation information about the alleged debt. However, the consumer may still have more questions about the alleged debt. My letter demands documentation which is indispensable in determining the amount and validity of the purported claim. The FCRA requires every CRA and Furnishers to maintain reasonable procedures in their operations to assure maximum possible completeness and accuracy of data in the credit reports they report and publish. Credit reporting laws ensure that bureaus report only 100 % accurate credit information. The CFPB has repeatedly criticized the dispute process involving Furnishers and CRAs. CRAs routinely fail to forward complete written disputes to Furnishers and routinely XXXX non existent investigations and certifications from Furnishers and fail to delete and prevent known Facially False Data in violation the recent directives of XXXX XXXX, CFPB Director. To enforce the FCRA, I have filed multiple direct and indirect CRA/Furnisher written disputes including about XXXX CFPB complaints yet virtually no dispute is listed on my credit reports as Disputed as required in willful violations of the FCRA and Metro 2 protocols. To the extent that your purported debt has been directly or indirectly included in any of my written disputes, in accordance with The Fair Credit Reporting Act, Public law 91-506, Title VI, Section 611, Subsection A-D, please provide ( in addition to all facts regarding investigation records ) the names and business addresses of each individual with whom you client verified the purported debt reporting above, so that I may follow up. Every step must be taken to assure the information reported is completely accurate and correct. Furthermore, each of my credit reports for each account contain different and conflicting data on my paper credit reports and data required from Furnishers is either negligently or purposely missing, impossible, incorrect or conflicting and more importantly, Data submitted through Metro 2 is not contained on my paper credit reports resulting unknowingly to be of current accounts being falsely reported as 60 days late with credit scores being up to XXXX points lower than expected. Metro 2 compliance is out of control. For your purported debt, if it has been reported to a CRA, I need the actual Metro 2 submissions ( translated into XXXX ) for the last 3 years including every monthly and required interim submissions. If I have ever disputed an account with any creditor, I expect every credit report to continually contain the required and mandatory notice that it is DISPUTED which is not happening constituting willful FCRA violations. Any further violations of federal statutes will incur liability for actual, statutory, and punitive damages plus attorney fees and costs. 15 USC 1681s-2 : Responsibilities of furnishers of information to consumer reporting agencies Text contains those laws in effect on XX/XX/XXXX 1681s2. Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if- ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. I insist on 100 % compliance with all FCRA and all statutes and knowingly reporting inaccurate information after notice shall constitute willful and negligent violations of the FCRA, subjecting violators to statutory damages of {$1000.00} per incident plus huge punitive damages for repeated known repeated violations. Any current or future debt collector or debt buyer is obligated to investigate and ascertain the extent of and existence of actual or potential FCRA violations before furnishing data to any CRA. To insure compliance with the FCRA and other statutes, your written response must include the purported exact month-day-year for the Date of First Delinquency and the exact day-month-year that the disputed claim would be required to be deleted from every CRA account under the 7 year statute of limitations for credit reporting assuming no payments are made in the future. There is a Duty to Provide Notice of Delinquency of Accounts. In order for there to be a uniform date by which all consumer reporting agencies would compute the seven-year reporting period for adverse items of information, Congress included section 623 ( a ) ( 5 ) with the intent that the seven-year reporting period begin with the commencement of the delinquency rather than any other date. That section of the FCRA states that " a person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall. .. notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action. My credit reports for every CRA and for most accounts fails to report the mandatory date of First Delinquency in violation of law. Virtually every account on each of my credit reports fails to list my account as DISPUTED pursuant to the clear statute requirements. Failing to list a disputed debt as disputed on every CRA is purposely done by Furnishers for a sinister purpose to harm consumers as much as possible to lower credit scores. Once you dispute a debt to a credit reporting agency, they must report that debt as disputed on your credit file and in your credit reports. Also, if you dispute a debt to one of the three major credit reporting agencies ( XXXX, XXXX, or XXXX ), that particular agency must notify the other two bureaus that you dispute the debt. Failing to list the account as disputed, after a valid dispute has been sent to the credit reporting agency, is a violation of the FCRA. Not only are none of my valid disputes listed as disputed on my credit reports, but once a CRA lists my account as Disputed, virtually the next day the Furnisher will erroneously, purposelessly, maliciously, abusively, willfully, deliberately, intentionally and frivolously remove and delete the Disputed required entry using Metro 2 mid-cycle unauthorized and prohibited entries in violation of the Facially False Data prevention requirements recently explained in detail by CFPB XXXX XXXXXXXX XXXX Not only is the entire Metro 2 system unworkable but employees are not adequately trained to insure accurate data coding. Willful failures to report accounts as Disputed and closed carry statutory damages of {$1000.00} plus punitive damages for each violation for every time the required entry was changed or deleted. I insist on 100 % compliance with the FCRA and other statutes mandating deletion if all disputed entries permanently. A common FCRA violation is when a creditor posts late payments after the debt has charged off a past due balance. I will Document this violation by highlighting the accounts on every CRA and by filing a direct and indirect dispute with the Furnisher and every CRA. Care should be taken by the disputed purported debt collector to avoid violating any statutes, if it is stupid enough to report my data to any CRA. The United States Supreme Court has held that willful violations of the FCRA include violations committed in reckless disregard of a company 's obligations under FCRA. Safeco Ins. Co., 127 S.Ct. at 2208-10. This standard of willfulness is now the law of the land. In XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX the United States Court of Appeals , Fourth Circuit wrote : On XX/XX/XXXX, XXXX brought this suit, alleging that XXXX XXXX XXXX violated its duties as a furnisher of information under FCRA , 15 U.S.C.A. 1681s-2 ( b ) ( 1 ), by failing to report the dispute. At the conclusion of the trial, the court instructed the jury on XXXXXXXX XXXX XXXX 's statutory duties as a furnisher of information. The trial court also instructed the jury that it could find XXXX XXXX XXXX had violated FCRA by failing to report the ongoing dispute After deliberation, the jury returned a verdict finding that XXXXXXXX XXXX XXXX had intentionally violated its duties under FCRA. The jury awarded Saunders no compensatory damages but did award the maximum possible statutory damages of {$1000.00} and punitive damages of {$80000.00}. WOW!!! This means that the failure of a Furnisher to report a DISPUTE on a consumers credit report could result in statutory damages of {$1000.00} plus punitive damages of {$80000.00}. Failure to list my account as dispute, in violation of law, will not help collection efforts and only result in huge damages to ensure and enforce compliance. While many attorneys recommend filing lawsuits right away for obvious FCRA and FDCPA violations, I prefer to give violators repeated notices as I prefer to get {$80000.00} instead of {$1000.00} when a violator is stupid. I have a right to Privacy. Due to extensive and widespread malicious Willful violations of the FCRA, to protect my right to privacy, I hereby immediately OPT OUT and permanently revoke any right to report data on any of my credit reports as otherwise permitted and set forth in section 313.15 - Other exceptions to notice and opt out requirements- ( 5 ) ( i ) To a consumer reporting agency in accordance with the Fair Credit Reporting Act ( 15 U.S.C. 1682 et seq. or ( ii ) From a consumer report reported by a consumer reporting agency. The exceptions can apply if and only if every Furnisher and every CRA comply with ALL of their obligations under the FCRA. Once known violations of the FCRA have been disputed with Furnishers and every CRA multiple times without correction or deletion as required, the rights to report is deemed automatically revoked and an affected consumer may unilaterally OPT OUT entirely of credit reporting in the interest of justice. Consumer rights to OPT OUT from credit reporting to prevent inaccurate reporting TRUMP the rights of disputed creditors to flagrantly abuse the FCRA with impunity. The CFPB recently filed an amicus brief, arguing that furnishers are statutorily obligated to investigate both legal and factual questions raised in consumer disputes. The CFPB 's brief acknowledges that several federal courts have distinguished between " factual '' and " legal '' questions in determining the obligation of CRAs to investigate disputes under 15 U.S.C. 1681i. I need a complex analysis of the factual and legal issues and documentation requested herein rather than a worthless bare unsupported denial or statement. Every Furnisher and CRA has failed to comply with any of their obligations as set forth in the below statute which is simple to understand. 623. Responsibilities of furnishers of information to consumer reporting agencies [ 15 U.S.C. 1681s-2 ] ( a ) Duty of furnishers of information to provide accurate information. ( 1 ) Prohibition. * Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. * Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. ( C ) No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to speciry such an address ( 2 ) Duty to correct and update information. A person who * regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person 's transactions or experiences with any consumer : and * has furnished to a consumer reporting agency information that the person determines is not complete or accurate shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information. that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate. 1. Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. 2. Duty to provide notice of closed accounts. A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed. 3. Duty to provide notice of delinquency of accounts. A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action. ( b ) Duties of furnishers of information upon notice of dispute. ( 1 ) In general. After receiving notice pursuant to section 611 ( a ) ( 2 ) [ 1681i ] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall * conduct an investigation with respect to the disputed information; * review all relevant information provided by the consumer reporting agency pursuant to section 611 ( a ) ( 2 ) [ 168li ] ; * report the results of the investigation to the consumer reporting agency ; and * if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished Simply stated, Furnishers and every CRA willfully and negligently failed to fulfill their mandatory obligations. States and federal authorities seem to attempt to license every possible type of employee, even dog sitters and dog catchers! If a doctor and lawyer needs to be licensed, then it is more important that a Metro 2 compliance expert is more important to be licensed to protect the privacy rights of consumers. Send employees back to Metro 2 school and refrain from permitting new untrained employees to inaccurately code data entries on consumer credit reports. Some system needs to be in place with comprehensive internal controls to protect consumers from XXXX, XXXX, and XXXX XXXX digit codes summarizing complaints without reading and forwarding disputes to Furnishers and other CRAs. We do not need untrained high school students doing the job required by certified EXPERTS. Simple Facially False Data is unable to be detected and corrected after repeated disputes where a Furnisher admits inaccuracies. The entire credit reporting system is a disgrace and the CFPB needs to punish individual violators. I demand complete 100 % compliance with all statutes, federal and state, as a precondition for receiving payment if any kind. CRAs created an unworkable monster with the creation of Metro 2 and statutory and punitive damages are the sole remedy to provide consumers with rights required by statutes. We need XXXX XXXX XXXX to continue to partner with CFPB XXXX XXXX XXXX, to lay down the hammer on violators and individual Officers who continue to XXXXXXXX XXXX consumers as part of their DNA. Wouldnt you agree that deliberate violations of the FCRA which unjustly reduces a credit score by XXXX points is wrong? How would you like it if your Mom and Dad were wrongly affected by life changing FCRA willful violations? How would you like it if your employer fired you, your spouse or your adult children for repeated willful violations of federal statutes? How would you like it if the CFPB banned you for life from participating in the business you have worked in for 20 years? How would you like it if all of your assets and sources of income were frozen and taken away? Have a heart and dont take your job so seriously that you will work for peanuts to damage innocent XXXXXXXX XXXX XXXX who only seek to live the final few years of their life in peace without elder abuse!
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 32836
Submitted Via: Web
Date Sent: 2023-09-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A