Date Received: 2021-12-07
Issue: Threatened to contact someone or share information improperly
Subissue: Talked to a third-party about your debt
Consumer Complaint: XX/XX/07 I received a facebook message from my XXXX XXXX who I have no contact with, that XXXX from Comenity bank his extension is XXXX. He left the message " Calling for my full name to get contact information for your attorney that will represent you for XXXX XXXX '' He disclosed my full debt information on her cell phone voicemail. I called Comenity bank and spoke to XXXX she states she removed all 3rd party numbers. and apologized for the previous rep disclosing my information
Company Response:
State: OH
Zip: 43055
Submitted Via: Web
Date Sent: 2021-12-23
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-07
Issue: Fees or interest
Subissue: Problem with fees
Consumer Complaint: I have made a purchase in XXXX store with store card issued by Comenity Bank. My due date is the XXXX of each month. Credit card cut of time is XXXX EST. I made a payment on the XXXX after XXXX. Obviously I was charged late fee plus interest. Next month statement indicated late fee and interest. I paid it and again I missed cut of time. I am being charged again late fee plus interest for 2nd time. My purchase balance was paid fully from the first time. But I am still being charged late fee on the late fee.Is this even legal? Thank you. XXXX XXXX
Company Response:
State: OH
Zip: 44139
Submitted Via: Web
Date Sent: 2021-12-07
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-06
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I have the ongoing victim of identity theft. I monitor my credit bureau reports and have had credit accounts taken out under my name. Ive notified the creditor and credit bureaus as well. The actual creditor is not removing the fraudulent account from my credit report and the credit bureau is ignoring my federal rights under the FCRA section 605b asking that fraudulent information be blocked from reporting on my credit file but instead only resubmitted the information to the creditor who then re verified the information and leaves it in my credit profile as a derogatory account. I have enclosed my current copy of my valid police report to substantiate my identity theft case. I have also filed a Identity Theft report with the FTC. It is a XXXX XXXX account through Comenity Bank.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-06
Issue: Charged fees or interest you didn't expect
Subissue:
Consumer Complaint: Took out a loan Archarge Credit Card XXXX XX/XX/XXXX in the amount of {$6700.00}. To avoid any interest payment, the loan was to be paid back by XX/XX/XXXX. I made monthly payments and the last payment I made from my home equity account did not go through. I was not notified until after the date and I was charged all the back interest at 27.99 %. I paid the entire amount in XXXX to not incur any additional interest charges I spoke with the company and they said I had no recourse. I tried to call the company today get the amount of interest I was charged- the recording said my account was closed and it hung up. Understanding there has been some time, but we had medical issues and XXXX has been a distraction. Please let me know if you can help me. thank you, XXXX XXXX NOTE : I recently moved from XXXX XXXX XXXX XXXX, XXXX, NJ. My new address is XXXX XXXX XXXX, XXXX XXXX, NJ XXXX
Company Response:
State: NJ
Zip: 079XX
Submitted Via: Web
Date Sent: 2021-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-06
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: RE : Attentively review my formal writ composed declaration of not proven complaint misinformation that is all or in part : deficient of the adequate current status in the fullness of TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, documented OWNERSHIP, certifiable RESPONSIBILITY, or otherwise irrefutable, complaint obligatory, and regulatory requisite reporting thereby mandating your immediate actions to rectify and remedy and any infractions behavior ( s ) by retaining or returning to demonstrate TRUE, CORRECT, COMPLETE, and COMPLAINT XXXX XXXX data field formatted reporting!!! I am a victim of identity- theft, I am writing to request that you block all accounts disputed as fraudulent on my credit reports with XXXX XXXX XXXX XXXX and XXXX. This information does not relate to any transactions I have made. I did not give anyone authorization or consent to use my personal information. I hereby exercise my legal rights enacted by Congress and The Federal Trade Commission, which explicitly states when a victim of identity-theft dispute a fraudulent account on his/her credit report it shall be honored by all credit bureaus and all fraudulent information should be blocked within 4 days and proper notification shall be given to all data furnishers pursuant to section 605b of The Federal Fair Credit Reporting Act. Failure to comply shall lead to complaints being filed with XXXX XXXX XXXX XXXX Consumer Financial Protection Bureau, and Attorney General stating your companys unlawful collection practices, misrepresentation of creditworthiness, defamation of character, and noncompliance to abide by laws enacted by Congress to protect victims of identity-theft who's credit been impacted by acts of fraud. Because I know my rights under THE FAIR CREDIT REPORTING ACT, CONSUMER CREDIT PROTECTION ACT ( CCPA ), and FAIR and ACCURATE CREDIT TRANSACTION ACT of 2003 ( FACTA ). I will be taking action. I also know my rights under this paragraph of Section 312 of the FACTA LAW : SEC.312. Procedures to enhance the accuracy and integrity of information furnished to consumer reporting agencies. ( b ) duty of furnishers to provide accurate information. -- Section 623 ( a ) ( 1 ) of THE FAIR CREDIT REPORTING ACT ( 15 U.S.C . 1681s-2 ( a ) ( 1 ) is amended ( 1 ) in subparagraph ( A ), by striking " knows or consciously avoids knowing the information is inaccurate '' and inserting " knows or has reasonable cause to believe that the information is inaccurate '', and ( 2 ) by adding at the end of the following : ( D ) DEFINITION -- For purposes of subparagraph ( A ), the term 'reasonable cause to believe that the information is inaccurate ' means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of information. Policy states. According to the Fair Credit Reporting Act FCRA 611 ( 15 U.S.C 1681 ), Procedure In Case of Disputed Accuracy. ( a ) Reinvestigation ( 1 ) Reinvestigation ( a ) In general. Subject to Subsection ( f ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Therefore, my position is being clearly stated, these accounts do not belong to me, meaning that you are reporting inaccurate account information within my credit file. The fact that these are inaccurate account information means that you, this credit-reporting agency, are reporting incorrect accounts. XXXX. XXXX XXXX XXXX bal. {$630.00} I am well aware of my rights as a consumer. The Fair Credit Reporting Act requires that you, the credit-reporting agency report accurate and/or correct account information within my credit file. My credit issues are very specific, these accounts and/or items do not belong to me. This means that you are reporting incorrect account information within my credit report. It is this in mind that I request that these listed accounts and items be Blocked and Deleted. According to the Fair Credit Reporting Act FCRA, Section 1681c ( 2 ) Block of information resulting from identity theft. 1.Block. Except as otherwise provided in this section, a consumer reporting shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from alleged identity theft, not later than four ( 4 ) business days after the date receipt by such agency of 1. Appropriate proof of identity of the consumer ; 2. A copy of an identity theft report 3. The identification of such information by the consumer ; and 4. A statement by the consumer that the information relating to the transaction by the consumer. I have provided all of the above listed four ( 4 ) items within this package. Therefore, I expect these listed accounts to be deleted and blocked within ( 4 ) business days. This is clearly an identity theft issue. I am also entitled to receive a free copy of my credit report, so I am requesting a free credit report and that all of these accounts, public records items, and inquiries be permanently blocked and deleted. Enclosures : Identity Theft Report Proof of Identity Copy of Account Statement showing Fraudulent Items FTC Notice to Furnishers CC : Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXXXXXX, Iowa XXXX
Company Response:
State: TX
Zip: 75662
Submitted Via: Web
Date Sent: 2021-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-06
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Was not notified of investigation status or results
Consumer Complaint: 1. COMENITY BANK/XXXX XXXX Account Number : XXXX Please correct this inaccurate information on my credit report. I recently pulled my credit report from your Bureau and my attorneys and I had a chance to go over my credit report and in amazement, that you have decided to report me 30 days late on this account. I immediately disputed this information with COMENITY BANK/XXXX XXXX and the results of the investigation came back " verified ''. Not only was I never late on this account, but according to the Fair Credit Reporting Act ( FCRA ), the information furnisher is required to notify me of the insertion of negative listings. Since I have disputed the lates with the creditor, and you obviously " verified '' them, I am very curious as to what kinds of " records '' you may have for this alleged account. I am very confident that you are in violation of the ( FCRA ) and ( FCBA ) sections ( 1666, 1666a. 1666b., and 1666c. ) as stated below : 1666. Correction of billing errors ( b ) Billing error ( 4 ) The creditor 's failure to reflect properly on a statement, a payment made by the obligor or a credit issued to the obligor. ( 5 ) A computation error or similar error of an accounting nature of the creditor on a statement. ( 6 ) Failure to transmit the statement required under section 1637 ( b ) of this title to the last address of the obligor which has been disclosed to the creditor, unless that address was furnished less than twenty days before the end of the billing cycle for which the statement is required. ( XXXX ) Any other error described in regulations of the Bureau. 1666a. Regulation of credit reports ( a ) Reports by creditor on obligor 's failure to pay amount regarded as billing error After receiving a notice from an obligor as provided in section 1666 ( a ) of this title, a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligor 's credit rating or credit standing because of the obligor 's failure to pay the amount indicated by the obligor under section 1666 ( a ) ( 2 ) of this title, and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 1666 of this title and has allowed the obligor the same number of days ( not less than ten ) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts. ( b ) Reports by creditor on delinquent amounts in dispute ; notification of obligor of parties notified of delinquency If a creditor receives a further written notice from an obligor that an amount is still in dispute within the time allowed for payment under subsection ( a ) of this section, a creditor may not report to any third party that the amount of the obligor is delinquent because the obligor has failed to pay an amount which he has indicated under section 1666 ( a ) ( 2 ) of this title, unless the creditor also reports that the amount is in dispute and, at the same time, notifies the obligor of the name and address of each party to whom the creditor is reporting information concerning the delinquency. ( c ) Reports by creditor of subsequent resolution of delinquent amounts A creditor shall report any subsequent resolution of any delinquencies reported pursuant to subsection ( b ) to the parties to whom such delinquencies were initially reported. 1666b. Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. Because I take my credit very seriously, I contacted every name and account that was listed on the report. I was again very shocked by the multiple names, account numbers and figures. Included with this letter, is every letter written to those who have hampered my ability to obtain credit. I believe that any judge that looks over the report would agree that it is a violation of both the FCRA, CCPA and FACTA. The following accounts were listed on your report and I have demanded from them a full accounting and five years worth of records to see if their accounts were in violation of the FAIR CREDIT BILLING ACT ( FCBA ). We also demanded signed contracts, agreements or any legal paperwork that would tie us to the following accounts. Under the FCRA, you are required to conduct an investigation on this account if I request it. I DEMAND to see all 100 % verifiable proof that I was indeed Verifiably late on these accounts and the creditor fulfilled its obligations under ( FCBA 1666 ( a ) ( 2 ) ), As I was never notified of a billing delinquency on my accounts, which the creditor must do under section ( FCBA1666 ( b ) ( 6 ). I DEMAND to see proof that I was mailed my statement to the correct address notifying me of both payment due date and delinquency of payment on the account. If you can not provide 100 % Verifiable proof and proper documentation that the CREDITOR fulfilled its obligations under the ( FCBA ) and ( FCRA ), I therefore demand these late payments be removed from my account or I will be forced to be in contact with the Attorney General of my State and the Consumer Financial Protection Bureau. I therefore am submitting my written request to you to conduct an investigation. Per the FCRA, you have 30 days to conduct this investigation and respond to my request. If you do not respond within this time period, per the FCRA, you must remove this negative information. Thank you for your time, XXXX XXXX SS # : XXXX Date of Birth : XX/XX/1996 BCC : Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX, Iowa XXXX
Company Response:
State: CA
Zip: 91801
Submitted Via: Web
Date Sent: 2021-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-06
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: RE : Attentively review my formal writ composed declaration of not proven complaint misinformation that is all or in part : deficient of the adequate current status in the fullness of TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, documented OWNERSHIP, certifiable RESPONSIBILITY, or otherwise irrefutable, complaint obligatory, and regulatory requisite reporting thereby mandating your immediate actions to rectify and remedy and any infractions behavior ( XXXX ) by retaining or returning to demonstrate TRUE, CORRECT, COMPLETE, and COMPLAINT XXXX XXXX data field formatted reporting!!! I am a victim of identity- theft, I am writing to request that you block all accounts disputed as fraudulent on my credit reports with XXXX XXXX XXXX XXXX and XXXX. This information does not relate to any transactions I have made. I did not give anyone authorization or consent to use my personal information. I hereby exercise my legal rights enacted by XXXX and The Federal Trade Commission, which explicitly states when a victim of identity-theft dispute a fraudulent account on his/her credit report it shall be honored by all credit bureaus and all fraudulent information should be blocked within XXXX days and proper notification shall be given to all data furnishers pursuant to section 605b of The Federal Fair Credit Reporting Act. Failure to comply shall lead to complaints being filed with XXXX XXXX XXXX XXXX, Consumer Financial Protection Bureau, and Attorney General stating your companys unlawful collection practices, misrepresentation of creditworthiness, defamation of character, and noncompliance to abide by laws enacted by XXXX to protect victims of identity-theft who's credit been impacted by acts of fraud. Because I know my rights under THE FAIR CREDIT REPORTING ACT, CONSUMER CREDIT PROTECTION ACT ( CCPA ), and FAIR and ACCURATE CREDIT TRANSACTION ACT of 2003 ( FACTA ). I will be taking action. I also know my rights under this paragraph of Section 312 of the FACTA LAW : SEC.312. Procedures to enhance the accuracy and integrity of information furnished to consumer reporting agencies. ( b ) duty of furnishers to provide accurate information. -- Section 623 ( a ) ( 1 ) of THE FAIR CREDIT REPORTING ACT ( 15 U.S.C . 1681s-2 ( a ) ( 1 ) is amended ( 1 ) in subparagraph ( A ), by striking " knows or consciously avoids knowing the information is inaccurate '' and inserting " knows or has reasonable cause to believe that the information is inaccurate '', and ( 2 ) by adding at the end of the following : ( D ) DEFINITION -- For purposes of subparagraph ( A ), the term 'reasonable cause to believe that the information is inaccurate ' means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of information. Policy states. According to the Fair Credit Reporting Act FCRA 611 ( 15 U.S.C 1681 ), Procedure In Case of Disputed Accuracy. ( a ) Reinvestigation ( 1 ) Reinvestigation ( a ) In general. Subject to Subsection ( f ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the XXXX period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Therefore, my position is being clearly stated, these accounts do not belong to me, meaning that you are reporting inaccurate account information within my credit file. The fact that these are inaccurate account information means that you, this credit-reporting agency, are reporting incorrect accounts. 1. COMENITYBANK/XXXX bal. {$560.00} I am well aware of my rights as a consumer. The Fair Credit Reporting Act requires that you, the credit-reporting agency report accurate and/or correct account information within my credit file. My credit issues are very specific, these accounts and/or items do not belong to me. This means that you are reporting incorrect account information within my credit report. It is this in mind that I request that these listed accounts and items be Blocked and Deleted. According to the Fair Credit Reporting Act FCRA, Section 1681c ( 2 ) Block of information resulting from identity theft. 1.Block. Except as otherwise provided in this section, a consumer reporting shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from alleged identity theft, not later than XXXX ( XXXX ) business days after the date receipt by such agency of 1. Appropriate proof of identity of the consumer ; 2. A copy of an identity theft report 3. The identification of such information by the consumer ; and 4. A statement by the consumer that the information relating to the transaction by the consumer. I have provided all of the above listed XXXX ( XXXX ) items within this package. Therefore, I expect these listed accounts to be deleted and blocked within ( XXXX ) business days. This is clearly an identity theft issue. I am also entitled to receive a free copy of my credit report, so I am requesting a free credit report and that all of these accounts, public records items, and inquiries be permanently blocked and deleted. Enclosures : Identity Theft Report Proof of Identity Copy of Account Statement showing Fraudulent Items FTC Notice to Furnishers CC : Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX, Iowa XXXX
Company Response:
State: TX
Zip: 75662
Submitted Via: Web
Date Sent: 2021-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-05
Issue: Fees or interest
Subissue: Problem with fees
Consumer Complaint: For the last few years I have had a credit card for the XXXX XXXX retail store, administered by Comenity Bank. Unlike all of my other credit cards, Comenity did not offer an autopay feature on this card that would allow me to schedule to pay the full balance on the due date every month. This is how I schedule all of my recurring payments, from my mortgage to my credit cards to utilities. I asked Comenity why they did not offer this service and they could not provide a satisfactory answer. This should not be a difficult feature for a large financial services company to administer, and my understanding is that they offer the service on other retail cards that they service. While it may not be illegal, failing to offer autopay is in my opinion to make it more difficult for consumers to pay their account on time. It is not a consumer-friendly practice. As a result, I paid my account balance of {$68.00} XXXX XXXX late on XX/XX/2021 was assessed a {$35.00} late fee and a {$1.00} finance charge. So essentially I was charged 51 % of what was the underlying account balance. I closed the card account after that because I felt that I would continue to be charged late fees in the absence of an autopay feature. I moved to dispute the late fees, but the account has continued to accrue late fees on top of the original late in every subsequent month, despite the fact that the account is closed and the underlying retail balance of the card has been paid off. While the cardmember agreement seems to permit this, I do not think it this practice is ethical or decent as my account is accruing late fees that are not attributable to funds that were actually borrowed from Comenity. They are just stacking late fees on top of late fees, and these fees continue to accrure even as I dispute the charges. On XXXX I submitted a {$36.00} payment to cover the original late fee and finance charge because I acknowledged that my paayment was late, albeit by only XXXX days. I asked them to close out the account and cancel any subsequent fees, but they refused. My understanding is that very recently Comenity has finally started to offer an autopay feature on this account. But this came only after years of refusing to offer the feature and inquiries on my part as to why it was not offered. It's my contention that XXXX XXXX and Comenity collectively decided not to offer autopay for many years as a way of increasing revenue in the form of late fees and finance charges to the detriment of consumers like me who no intention of carrying an account balance. Again, this may be permissible under their cardmember agreement, but I think that their collective actions constitute predatory lending practices and there should be regulations in place that require lenders that administer revolving credit to offer an autopay feature to borrowers
Company Response:
State: NC
Zip: 27707
Submitted Via: Web
Date Sent: 2021-12-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-05
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: XXXX Credit Card added two months of a XXXX XXXX fee that was called optional that I did not ask for or agree to. I paid my balance off immediately and asked for the account assurance fees to be credited ( {$62.00} ). I requested this on the Comenity website on XXXX XX/XX/2021 and vis phone call with them at that time. The fees were never credited but stayed on the card accuring late fees and interest. Comenity repeatedly called more than 8 times saying there was an outstanding payment due. Each time I spoke with the caller informing them there was no debt and in fact they owed me a refund. The callers either hung up or put me on hold until the line went dead, they have all said that they couldn't help me as XXXX XXXX was a different company!.
Company Response:
State: IL
Zip: 61107
Submitted Via: Web
Date Sent: 2021-12-05
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-04
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: In XX/XX/2020, I became ill with XXXX XXXX. I was extremely ill and out of work for XXXX months. I reached out to Comenity about my XXXX XXXX XXXX XXXX I was finally better and able to talk and think better. I spoke with a rep and let them know I was out of work due to XXXX and that my short-term XXXX hadn't kicked in to pay. This was in XXXX. I then reached out in XXXX and spoke with a gentleman who set me up on payments. He was kind but never disclosed that my credit was in danger. Prior to XXXX I was never late and always on time. Due to this mishap, I was dinged late on my credit for XXXX, XXXX and XX/XX/2020. Since I was never delinquent prior to XXXX, I should have been covered under the Cares Act for those months I was ill with XXXX. I reached out to Comenity several times when I finally noticed the late markings and could not get anywhere with them. Those late markings are not valid and I'm trying to have them removed. Thank you!
Company Response:
State: SC
Zip: 29745
Submitted Via: Web
Date Sent: 2021-12-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A