Date Received: 2019-12-16
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: During XX/XX/2019, I mailed a monthly payment check to USAA Bank towards my USAA RV loan ( ending in XXXX ). I mailed a personal check on time for the payment amount of {$180.00}. Unfortunately the payment amount was actually {$180.00}. I was inadvertently XXXX cents short on my check. As a result, USAA issued me a 30- day late payment to the three major credit bureaus. After lengthy telephone calls and written requests for forgiveness to USAA representatives, USAA was adamant that the damage that they did to my credit was justified on their part due to my past XXXX cent payment mistake. I was so frustrated with USAA reducing my FICO score over 50 points for a XXXX cent mistake on my part I immediately sold my RV and paid off the USAA RV loan.That was my first step to permanently end my banking relationship with USAA ( I have been associate with USAA since I was XXXX years old. I'm in my XXXX 's now ). Only after I filed my original ( first ) complaint during XX/XX/2019 with this Federal agency, which is a consumer protection watchdog over banks, did USAA CEO 's office finally agree to remove the related 30 XXXXday late from my credit history with the 3 major credit reporting agencies. They agreed that their actions against me were frivolous ( USAA 's notification of their 30 day late adverse action reversal/correction on file ). As a result, both XXXX and XXXX removed the 30 XXXXday late from my credit reports, via USAA 's update to them. However, based on my telephonic discussions with XXXX XXXX, they were allegedly never notified by USAA to remove the 30 XXXXday late payment from my credit history. As a result. during XX/XX/2019, I finally place an investigation request with XXXX XXXX to remove USAA 's 30- day late mark on my credit report. The same 30- day late that USAA originally agreed to remove. In response to XXXX XXXXXXXX XXXX investigation, USAA decided to instead reissue their XX/XX/2019 30- day late RV loan payment to the 3 major credit reporting agencies. I can't express enough my frustration with USAA 's unprofessionalism. As a result of USAA 's reissuance of a 30- day late for my frivolous XXXX cent RV loan payment mistake, I have been declined a mortgage refi loan due to XXXX and XXXX reducing my FICO score approximately 50 points ; due to USAA 's 30 day late payment reissuance notification ( My XXXX XXXX score remained the same ). To any potential consumers who wants to bank with USAA, I would strongly discourage any banking relationship with USAA ; via my personal adverse experience with them. I have always had positive consumer banking relationships with XXXX XXXX XXXX XXXX and XXXX XXXX. I would instead recommend those two financial institutions for loans
Company Response: Company believes complaint is the result of an isolated error
State: CA
Zip: 930XX
Submitted Via: Web
Date Sent: 2019-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-15
Issue: Problem with a lender or other company charging your account
Subissue: Transaction was not authorized
Consumer Complaint: This issue has been going on since XX/XX/XXXX. The first representative filed the issues as a dispute and not fraud, so I was never issued a new debit card. After months of phone calls and a CFPB dispute it was reopened as fraud but only the {$250.00} was reopened as fraud. The {$110.00} was not reopened as fraud and now has been sided against me because they redid it as a dispute a 2nd time. First dispute case : XXXX XXXX XXXX 2019 {$110.00} first case Charge # 2 XXXX {$250.00} XX/XX/2019 The {$250.00} is now a fraud case # XXXX The {$110.00} provisional credit will be removed from my account on XXXX XXXX 2019. This is absolutely absurd. I have called USAA so many times I have lost track. I just want this issue taken care of
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NJ
Zip: 077XX
Submitted Via: Web
Date Sent: 2019-12-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-15
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: This particular account situation that is lately filing on my own credit document has a seriously unfavorable relation to my personal ability to obtain a present loan application. I highly recommend you generate verification that Credit Union has been reported completely in accordance with the Fair Credit Reporting Act regulations, it's really a serious problem to misreport. Moreconfirmation of the aforesaid item too. My proper request mustover, I was never 30 days/60 days/120 days late in any of my payments and I'm not greatly tuned in to the date opened so I prefer to ask you be investigated as soon as possible and confirmed to be correct. Thanks!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: NV
Zip: 89113
Submitted Via: Web
Date Sent: 2019-12-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-15
Issue: Opening an account
Subissue: Unable to open an account
Consumer Complaint: Summer XX/XX/2017 my account was hacked and I contacted the bank explaining the fraud situation. They left me liable for it and I haven't been able to open a new account since. I have talked to countless reps over the years. I even made a trip to another state where the physical branches are located and still no help. The balance is {$570.00} and being a veteran never having an issue with the company alarms me.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CO
Zip: 80237
Submitted Via: Web
Date Sent: 2019-12-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-14
Issue: Managing an account
Subissue: Funds not handled or disbursed as instructed
Consumer Complaint: USAA Checking Account XXXX {$240.00} charges Dispute Facts : BACKGROUND : I was born and raised in Puerto Rico and English is my second language, whoever I served for 28 years to the XXXX with an XXXX XXXX and currently a XXXX XXXX XXXX Veteran. I have some XXXX XXXX. My wife is XXXX as well and due to her medical conditions ; she has been a XXXX customer for a long time. Around three years. She has a Primary Health Insurance ( XXXX XXXX ) and a secondary ( XXXX XXXX ) due to my XXXX XXXX Veterans XXXX. Both insurances are honor by the service provider ( XXXX ) and the way they work is the deductibles ad copayments are billed to the secondary insurance and they always paid it. In couple of times XXXX sent me invoices ( last on XX/XX/XXXX ) asking me for deductible whenever they do not bill correctly the primary or secondary. My wife usually call customer service and the situation was solved. FACTS : On XX/XX/XXXX I checked my account and found about {$240.00} charge from XXXX that were pending. I immediately called USAA Customer Service to inquire about the charges and the representative told me that those charges were on pending status and that I need to wait until show on my accounts to file a dispute. I asked my wife to call XXXX Customer Service to seek information about the billing and the charges they sent to USAA. The same day the XXXX customer service representative denied the charges and even mention that the amount does not match the amount they going to bill the secondary insurance. I believe my wife told me that XXXX representative mentioned {$87.00}. On XX/XX/XXXX the {$240.00} was deducted from my account. On the same day XX/XX/XXXX or the next Monday, I filed a dispute thru a USAA Customer Service Representative and the temporary credit appear in my account. I received couple of emails mentioned the dispute process but when I went on line never found any documents or message about the dispute. On XX/XX/XXXX ( XXXX Friday ) I received an alert notification email about the {$240.00}. I was on vacation but, the next day Saturday I called USAA customer service and asked about the reverse credit. The representative mentioned that I need to submit a letter in writing thru the system explaining the facts of the dispute. That was the only requirement in order to adjudicate the dispute and close it. On Sunday night after I returned from the vacation at Georgia, I wrote the requested letter and uploaded into the USAA system. On Tuesday XX/XX/XXXX I called USAA customer service to inquire about the letter and the dispute. The representative acknowledges the letter receive and mentioned it will take from 3 to 5 days to get the dispute solve. On Friday XX/XX/XXXX I called USAA customer service again and the representative told me that the process may take up to 10 days and there is nothing they can do. She also mentioned that the Dispute Team analyst received the letter on Monday XX/XX/XXXX. She told that wait until I receive a call from the analyst because she putted a note for him to call me. On Tuesday XX/XX/XXXX I received an afternoon call from the analyst named XXXX to talk about the process. I explained him that I sent the letter and also that his previous request was never clear in term of a document or message. That was why I did not send the letter before. He could not sustain his evidence ( Letter requirement ) request on the conversation. When I explained him about the primary and secondary insurance, and how they work he asked me for an Explanation of Benefits ( EOB ) letter from my secondary insurance where it showed the payment. I explained him that I dont keep those records because I dont utilize them to file my taxes, and I have no use to the EOB except just to read it and know the insurance billed amount and services provided. I also explained him that I do not recognize that EOB because as I mentioned him the XXXX representative on XX/XX/XXXX denied the amount billed and she even denied sent a bill to USAA. The USAA Dispute Analyst insisted on the EOB in order to re-open the dispute, and I explained him that I can not provide a document that do not exist. I asked him to please get with his leadership, and open the dispute that he closed erroneously. There was a long talk but he finally agreed to send the information to his supervisor and open the dispute. He told me that he was going to call me on the next day ( Wednesday ). On Friday XX/XX/XXXX I called again the USAA customer service representative that mentioned that she was going to put a note for the Dispute Analyst to call me. I asked to speak to a higher and that is when I spoke with this lady from some type of customer resolution team. She told me that in the Dispute Analyst notes he recorded that he can not re open the dispute because I refused to provide my EOB as evidence. In his note he also wrote that he told that he will call me back when he has a solution. I told the lady that both were lies and explained her again my Tuesday conversation with XXXX. She encouraged me to wait for his call and I told her that he already makes a decision and I mentioned couple of inappropriate words like he going to said XXXX. At that time my anxiety was elevated to the higher and I decided to hang up the call and wait for the USAA Dispute representative call. On XX/XX/XXXX at XXXX XXXX Eastern Time I received a call from the Dispute Analyst ( XXXX ) stating that the case can no be open because I did not provide him the EOB letter. I explained that this document is protected by the Health Insurance Portability and Accountability Act ( HIPPA ), which a US Federal law that prohibited ask for this type of information. Anyway i went back and recalled him that the XXXX denied those charges and that is why the document does not exist. The USAA dispute analyst stated that without the EOB the case will not be re-open. The USAA dispute analyst finally uploaded the resolution letter that he claimed was uploaded on XX/XX/XXXX into my USAA record and notification. This is to the best of my knowledge my communications with USAA trying to get my money back and some additional for the anxiety and stress to deal with USAA. I believe the USAA institution has made an extremely poor service and want to state that way as a customer for more than 13 years. EVIDENCE : I included the last invoice from XXXX dated XX/XX/XXXX as evidence that the service provider invoice me the customer before charge me. I included the letter requested and sent to the USAA Dispute analyst dated XX/XX/XXXX. I included the letter from USAA Dispute team dated XX/XX/XXXX.
Company Response: Company believes complaint represents an opportunity for improvement to better serve consumers
State: VA
Zip: 20112
Submitted Via: Web
Date Sent: 2019-12-14
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-14
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Sometime in 2016 I had A Credit Card Account with USAA. I Paid The Card Off And Closed the Account. USAA Is Reporting To XXXX That Credit Grantor Closed The Account, While at the same time Reporting o XXXX And XXXX That The Account Was Closed At Consumers Request.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 33713
Submitted Via: Web
Date Sent: 2019-12-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-14
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I have been in a financial hardship so I was late on making a car payment. My car had some repairs. I asked if I can get an extension if I was to make a payment? USAA rep says they can not guarantee I then ask well how can I get an extension? XXXX the rep I spoke with on XX/XX/XXXX says I have to be current. I then say ok so if I make a payment am I able to get an extension? XXXX then says she can not guarantee. << Company Response: Company believes it acted appropriately as authorized by contract or law State: AZ Zip: 85251 Submitted Via: Web Date Sent: 2019-12-14 Company Response to Consumer: Closed with explanation Timely Response: Yes Consumer Disputed: N/A
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Date Received: 2019-12-13
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: Loan for a new vehicle was refinanced out of USAA. USAA received payment from the new bank which the loan was received from. USAA then proceeded to continue to charge my automatic payment amount for $XXXX on XX/XX/2019 despite the loan being paid off on XX/XX/2019. When speaking to USAA they would not refund this payment until they received it in their bank and I was instructed to call 2 business days later. A full business week has passed since the incorrect debiting of my account and they still will not issue a refund since they say they have not received the funds despite it being removed via automatic payment. The funds are being deposited into a loan account that has already been closed and thus I do not have access to see if it has arrived.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: WI
Zip: 535XX
Submitted Via: Web
Date Sent: 2019-12-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-13
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: I opened a checking and savings account with USAA in late XXXX or early XX/XX/2019. I began transferring my funds from XXXX XXXX XXXX XXXX XXXX XXXX. I set up direct deposits from my income sources to USAA Savings Bank ( USAA ). During the day of XX/XX/XXXX, I began setting up online auto bill pay to institutions whom I owe debts. While setting up those payments, I had a slight problem with one or two of the recurring payment set up 's. It appeared those payments might be paid twice on the same dates, so they appeared to be rejected and I was unable to correct them without deleting the entire payment first. I left the set up and planned to call USAA the next day to discuss the bill pay and what to do about the issue. On XX/XX/XXXX, I spoke with a banking representative about the bill pay issue. We resolved that I would go back online and delete the accounts and re-enter them and if further problems occurred call USAA back for further help. At the end of this discussion I inquired to the representative about International Wire Transfers due to the fact there was no information in the online banking tools to describe this procedure, and I explained that in the near future I would have to make an international wire transfer. The representative switched me over to the department that handles international wire transfers. When speaking with the representative in the department I inquired about a wire transfer to the country of XXXX. He responded that when I am ready to make a transfer there, just call back and it can be set up and sent, but that it can only be set up at the time a person is ready to make the transfer. I left the conversation satisfied and we ended the call. Later that evening I recognized an email from XXXX canceling an online order I had previously made earlier that day with them using my VISA debit/credit card from USAA. I was baffled and confused by the email, knowing that I had the funds in my checking account to cover the amount of the order. I immediately when online to my USAA account and was unable to enter the account due to security reasons. This incident was very upsetting, and I had to wait through the night wondering why my accounts were frozen. On XX/XX/XXXX, early morning, I called USAA and after verifying my identity understood that my phone number had been automatically routed to the Security Fraud Department ( SFD ) at USAA. I spoke with a woman security agent whose name I do not remember. I asked her why I was routed there and what was going on with my account that it was frozen for security reasons. To the best of my recollection She told me that I must have made a mistake made a mistake while setting up my bill pay. I responded yes, I might have but spoke with a representative and thought the issue was resolved during my conversation with banking rep. I told her also that I am skeptical about the reason she gave me as to why my accounts are frozen. I exclaimed that online bill pay is a tool component of my account and setting them up and even making a mistake should not be a reason to freeze my accounts. I went further to say that I believe my accounts were frozen due to my inquiry into an international wire transfer to XXXX. She responded " tell me about that. '' I told here then that I will need to make wire transfers to XXXX for airline tickets for my immigrant wife to join me here in the United States. She asked " how much would I be sending. '' I told her that I don't know. I'll know when I find out the price of the tickets through the airline booking. She then asked me " how long '' I'd been married to my wife. I thought the question was inappropriate and the discussion went down hill from there. I thought I was being more harassed and made to feel like a criminal with my own money. In anger, I told them to give me the physical address to their bank so that I could go and immediately close my accounts. She gave me the address, but I recognized in hind site that was not a good idea to have to close my accounts after setting up direct deposit that would take up to two months to close. The call ended with no resolution or reason given by the SFD exactly why my accounts were frozen. I called by to the USAA and although I was routed bank to the security department, I was passed on to the Executive Resolutions Team ( ERT ) where I spoke with an XXXX named XXXX. At that time she told me that USAA reserves the right to close a members account at any time for any reason. Further, she said that it can take of to 60 days for my funds to be returned to me ( I think ) while an 72 hour investigation by the SFD is in progress. I was in complete shock to what was going on and demanded that my funds be released immediately. In short all XXXX could do was to " request '' my funds be released sooner, and without any definitive time frame when my funds could be released. Again I was in shock. I had no control at this time and even currently today on XX/XX/XXXX of my legitimate funds being held in frozen accounts. On XX/XX/XXXX, I called USAA and spoke with XXXX another member on the ERT. XXXX empathized and understood my concerns and promised to look into the matter and said someone would call me the following day. On XX/XX/XXXX, I received a call from XXXX of the ERT. He stated he tried to call me on the XXXX, but for some reason he could not get through. I explained to XXXX what I thought was the reason I my accounts were frozen. I told him the wholes story and the reasons I needed to make an international wire transfer to XXXX. I explained the stress and distress this issue was causing me as I also explained to XXXX on the XXXX. He empathized and understood and told me that he would submit a request to the Security Fraud Depart. ( SFD ) to re-look at the issue and resolve in my favor. To my recollection he would call me back the following day. On XX/XX/XXXX, and late in the afternoon, because I had not gotten a call from the ERT, I called and spoke with XXXX. Again I told him the same story as I did previously with XXXX, XXXX and XXXX. XXXX empathized, agreed and understood my side of the story and told me to call on Monday believing the case would be resolved. On Monday XX/XX/XXXX, I called USAA and spoke with ERT 's XXXX. She looked through the notes and saw that request had been made to the SFD with no resolution or that my issue was still under investigation. With all of them, I was told that the investigation by SFD would take 72hrs. In concluding a lengthy conversation with XXXX as was done with the other three individualS and at the point of pleading with these individuals that I can not afford this happening it's been a week and my funds are frozen. I have obligations, I have to eat, travel and do business. It's a nightmare situation. I've done nothing wrong. That your SFD froze my accounts before even speaking with me about their concerns. On and on how this situation my ruin my credit if USAA holds my funds where I can not pay my bills or send for my wife and young son. XXXX said that she would escalate the issue to USAA 's Advocacy Team ( AT ). I was told that someone would be calling me by Wednesday the XXXX to discuss my side of the story. I told her to tell them to listen to the call recordings of my conversation with the woman at SFD and how she treated me with disrespect and as if I were a criminal just for making an inquiry into an international wire transfer. The call ended with XXXX and Wednesday came and went with no call from USAA 's AT. On XX/XX/XXXX, because I did not receive a call from USAA 's AT. I called and spoke with XXXX of the ERT. She said that by now SFD must have found what they think is an actual fraud on my part. That because this has taken or has gone to this point their must be something there. I disagreed and stated to her and which I believe that USAA 's SFD is covering their XXXX XXXX because there is nothing fraudulent that I've done, they ( SFD ) are wrong. I explained my entire story to XXXX. My living in XXXX for 20 months and marrying my wife. I told her that I could send correspondence from me to the U.S. Embassy in XXXX dealing with my wife immigrating to the US and that process is weeks from being complete and that would confirm why I need to transfer funds. I explained how I get paid and all direct deposits come from US DoT. At the end of another lengthy discussion where I spill my entire life story to my bank. XXXX tells me to wait another 48hrs. for the SFD to look at the case more. This issue is still ongoing without resolution.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2019-12-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-12-13
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Ive asked USAA to release the certificate of title of my vehicle and the release of the lien on my vehicle unless they can validate the debt their claiming that I owe. requisites for validating the debt by law are : 559.565Enforcement action against out-of-state consumer debt collector. The remedies of this section are cumulative to other sanctions and enforcement provisions of this part for any violation by an out-of-state consumer debt collector, as defined in s. 559.55 ( 8 ). ( 1 ) An out-of-state consumer debt collector who collects or attempts to collect consumer debts in this state without first registering in accordance with this part is subject to an administrative fine of up to {$10000.00} together with reasonable attorney fees and court costs in any successful action by the state to collect such fines. ( 2 ) Any person, whether or not exempt from registration under this part, who violates s. 559.72 is subject to sanctions the same as any other consumer debt collector, including imposition of an administrative fine. The registration of a duly registered out-of-state consumer debt collector is subject to revocation or suspension in the same manner as the registration of any other registrant under this part. ( 3 ) In order to effectuate this section and enforce the requirements of this part as it relates to out-of-state consumer debt collectors, the Attorney General is expressly authorized to initiate such action on behalf of the state as he or she deems appropriate in any state or federal court of competent jurisdiction. History.ss. 5, 13, ch. 93-275 ; s. 818, ch. 97-103 ; s. 2, ch. 2010-127. 559.715Assignment of consumer debts.This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment as soon as practical after the assignment is made, but at least 30 days before any action to collect the debt. The assignee is a real party in interest and may bring an action to collect a debt that has been assigned to the assignee and is in default. History.s. 1, ch. 89-69 ; ss. 6, 13, ch. 93-275 ; s. 3, ch. 2010-127. 559.72Prohibited practices generally.In collecting consumer debts, no person shall : ( 1 ) Simulate in any manner a law enforcement officer or a representative of any governmental agency. ( 2 ) Use or threaten force or violence. ( 3 ) Tell a debtor who disputes a consumer debt that she or he or any person employing her or him will disclose to another, orally or in writing, directly or indirectly, information affecting the debtors reputation for credit worthiness without also informing the debtor that the existence of the dispute will also be disclosed as required by subsection ( 6 ). ( 4 ) Communicate or threaten to communicate with a debtors employer before obtaining final judgment against the debtor, unless the debtor gives her or his permission in writing to contact her or his employer or acknowledges in writing the existence of the debt after the debt has been placed for collection. However, this does not prohibit a person from telling the debtor that her or his employer will be contacted if a final judgment is obtained. ( 5 ) Disclose to a person other than the debtor or her or his family information affecting the debtors reputation, whether or not for credit worthiness, with knowledge or reason to know that the other person does not have a legitimate business need for the information or that the information is false. ( 6 ) Disclose information concerning the existence of a debt known to be reasonably disputed by the debtor without disclosing that fact. If a disclosure is made before such dispute has been asserted and written notice is received from the debtor that any part of the debt is disputed, and if such dispute is reasonable, the person who made the original disclosure must reveal upon the request of the debtor within 30 days the details of the dispute to each person to whom disclosure of the debt without notice of the dispute was made within the preceding 90 days. ( 7 ) Willfully communicate with the debtor or any member of her or his family with such frequency as can reasonably be expected to harass the debtor or her or his family, or willfully engage in other conduct which can reasonably be expected to abuse or harass the debtor or any member of her or his family. ( 8 ) Use profane, obscene, vulgar, or willfully abusive language in communicating with the debtor or any member of her or his family. ( 9 ) Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate, or assert the existence of some other legal right when such person knows that the right does not exist. ( 10 ) Use a communication that simulates in any manner legal or judicial process or that gives the appearance of being authorized, issued, or approved by a government, governmental agency, or attorney at law, when it is not. ( 11 ) Communicate with a debtor under the guise of an attorney by using the stationery of an attorney or forms or instruments that only attorneys are authorized to prepare. ( 12 ) Orally communicate with a debtor in a manner that gives the false impression or appearance that such person is or is associated with an attorney. ( 13 ) Advertise or threaten to advertise for sale any debt as a means to enforce payment except under court order or when acting as an assignee for the benefit of a creditor. ( 14 ) Publish or post, threaten to publish or post, or cause to be published or posted before the general public individual names or any list of names of debtors, commonly known as a deadbeat list, for the purpose of enforcing or attempting to enforce collection of consumer debts. ( 15 ) Refuse to provide adequate identification of herself or himself or her or his employer or other entity whom she or he represents if requested to do so by a debtor from whom she or he is collecting or attempting to collect a consumer debt. ( 16 ) Mail any communication to a debtor in an envelope or postcard with words typed, written, or printed on the outside of the envelope or postcard calculated to embarrass the debtor. An example of this would be an envelope addressed to XXXX, XXXX XXXX or XXXX, XXXX XXXX. ( 17 ) Communicate with the debtor between the hours of XXXX XXXX. and XXXX XXXX in the debtors time zone without the prior consent of the debtor. ( a ) The person may presume that the time a telephone call is received conforms to the local time zone assigned to the area code of the number called, unless the person reasonably believes that the debtors telephone is located in a different time zone. ( b ) If, such as with toll-free numbers, an area code is not assigned to a specific geographic area, the person may presume that the time a telephone call is received conforms to the local time zone of the debtors last known place of residence, unless the person reasonably believes that the debtors telephone is located in a different time zone. ( 18 ) Communicate with a debtor if the person knows that the debtor is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorneys name and address, unless the debtors attorney fails to respond within 30 days to a communication from the person, unless the debtors attorney consents to a direct communication with the debtor, or unless the debtor initiates the communication. ( 19 ) Cause a debtor to be charged for communications by concealing the true purpose of the communication, including collect telephone calls and telegram fees. ( a ) Notice of debt ; contentsWithin five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 34221
Submitted Via: Web
Date Sent: 2019-12-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A