Debt collection -- Written notification about debt -- Complaint #5970966

Complaint Overview

Complaint ID: 5970966

Company: Amscot Corporation

Product: Debt collection

Sub-Product: Payday loan debt

Issue: Written notification about debt

Sub-Issue: Didn't receive enough information to verify debt

State: Florida

ZIP Code: 33068

Date Received: 2022-09-11T12:00:00-05:00

Date Sent to Company: 2022-09-11T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

XX/XX/XXXX NOTICE Default Opportunity to Cure FAIR DEBT COLLECTION PRACTICES ACT 15 USC 1692a Definitions As used in this subchapter ( 3 ) The term consumer means any natural person obligated or allegedly obligated to pay any debt. ( 4 ) The term creditor means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. ( 5 ) The term debt means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. ( 6 ) The term debt collector means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. A notice of dispute was sent to AMSCOT on XX/XX/XXXX. Pursuant to 15 USC 1692g ( b ) 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. On XX/XX/XXXX I conditionally accept AMSCOT claim upon proof of bona fide claim. I sent a Cease & Desist and a debt validation dispute letter requesting documents to validate and verify alleged debt. To date AMSCOT have failed to provide material facts to prove lawful and valid claim. AMSCOT stated in response to my letter dated XX/XX/XXXX that XXXX XXXX applied for an installment cash advance on XX/XX/XXXX. XXXX XXXX executed a Customer Application and Installment Cash Advance Agreement ( collectively Agreement ) in exchange for the funds requested. As of the date of this letter, XXXX XXXX does not have any returned payments. Accordingly, XXXX has no record of any debt collection effort in connection with XXXX XXXX installment cash advance. Notice, it is a fact i am a consumer a natural person. I initiated and executed a CREDIT APPLICATION granting credit to AMSCOT pursuant to 15 USC 1602 ( f ) and extending my credit to AMSCOT pursuant to 15 USC 1692a ( 4 ) as the ORIGINAL creditor. Notice, it is a fact AMSCOT converted my CREDIT APPLICATION into a LOAN AGREEMENT which is in fact a criminal violation under Title 18, converting a CREDIT APPLICATION into a LOAN. On XX/XX/XXXX AMSCOT in response to my Notice of dispute states that Amscot has no record of any debt collection effort in connection with XXXX XXXX installment cash advance. AMSCOT letter dated XX/XX/XXXX sent to consumer states at the bottom of the letter We are attempting to collect a debt owed to us and any information will be used for that purpose. Under Florida law, we are not entitled to treble damages. See Exhibit A AMSCOT correspondence dated XX/XX/XXXX to consumer stated that Under Chapter 560, Florida Statutes, consumers may not enter into more than one deferred presentment transaction at a time. To that end, Florida law requires that each deferred presentment transaction be registered with the State of Florida at the time of the transaction in the States database. In the State of Florida, the deferred presentment database is maintained by XXXX XXXX, at the direction and with oversight by the State of Florida. XXXX XXXX is not a credit reporting agency, instead it is a state database. Amscot does not report to credit reporting agencies, nor is Amscot a third-party debt collector. As such, any concerns about credit reporting are misplaced. In response to above statement by AMSCOT. I am a Federally Protected consumer pursuant to 15 USC 1692a ( 3 ). Notice, it is a fact pursuant to 15 USC 6801 ( a ) AMSCOT obligations is to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. Notice, it is a fact pursuant to 15 USC 6802 ( a ) obligations with respect to disclosures of personal information. ( a ) NOTICE REQUIREMENTS Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. It is a fact, pursuant to 15 USC 6802 ( a ) AMSCOT did not provide me with any notice as required under section 6803 of this title. Notice, it is a fact AMSCOT is in violation pursuant to 15 USC 6802 ( b ) ( 1 ) ( A ) ( B ) ( C ). ( b ) OPT OUT ( 1 ) IN GENERAL A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. It is a fact, pursuant to 15 USC 6802 ( b ) ( 1 ) ( A ) AMSCOT did not clearly and conspicuously disclose to me in writing or in electronic form that such information may be disclosed to XXXX XXXX as prescribed under section 6804 of this title. It is a fact, pursuant to 15 USC 6802 ( b ) ( 1 ) ( B ) AMSCOT did not give me the opportunity to Opt out before the time that such information is initially disclosed or gave me the option to direct that such information is not disclosed to such third party which includes XXXX XXXX. It is a fact, pursuant to 15 USC 6802 ( b ) ( 1 ) ( B ) AMSCOT did not explain to consumer of how the consumer can exercise that nondisclosure option. Notice, pursuant to 15 USC 6823 ( a ) Whoever knowingly and intentionally violates, or knowingly and intentionally attempts to violate, section 6821 of this title shall be fined in accordance with title 18 or imprisoned for not more than 5 years, or both. Notice, it is a fact I the consumer did not consent to, or authorize AMSCOT to furnish my nonpublic personal information to XXXX XXXX pursuant to 15 USC 1681b ( 2 ). Which is in fact a violation of my consumer rights. In Amscot correspondence letter AMSCOT stated that they are a first party creditor and is not subject to the debt validation provisions of the Fair Debt Collections Practices Act. On AMSCOT letter dated 09/01/2022 AMSCOT stated that they are attempting to collect a debt owed to AMSCOT. Pursuant to 15 USC 1692a ( 6 ) AMSCOT is a debt collector and AMSCOT stated clearly that AMSCOT is attempting to collect a debt. See Exhibit A NOTICE I am demanding AMSCOT to BLOCK and Remove this account and my nonpublic personal information from ALL consumer reporting agencies including XXXX XXXX upon receipt of this request notice. AMSCOT failure to comply with law leads me to believe AMSCOT and its representatives involved in response to notice of dispute maybe committing FRAUD and shall incur a penalty and or criminal liability for harm and damages. If AMSCOT and its representatives in response to this notice do not comply with federal law requirements I will hold the President and the Vice president of AMSCOT liable and I will claim harm by way of trespass, FRAUD, and dishonor in Federal Court. Respectfully, XXXX XXXX to ; Registered agent AMSCOT Office of Attorney General Consumer Protection Department Consumer Response Center Federal Trade Commission XXXX XXXX XXXX

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