Debt collection -- Communication tactics -- Complaint #8114100

Complaint Overview

Complaint ID: 8114100

Company: Tower Loan Of Mississippi, INC.

Product: Debt collection

Sub-Product: Payday loan debt

Issue: Communication tactics

Sub-Issue: Frequent or repeated calls

State: Mississippi

ZIP Code: XXXXX

Date Received: 2024-01-05T12:00:00-05:00

Date Sent to Company: 2024-01-05T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

To Whom It May Concern Made it very aware to Tower loans employees that my work slowed down tremendously and i have been dealing with hardships and family medical bills. they have continuously harassed me they are in violation. i am seeking Monetary relief in the total amount of {$3500.00} if they fail to remedy the damages i will seek legal remedies and seek {$1000.00} per phone call and per violation. : I am writing to bring to your attention a serious matter related to my consumer rights, which, i believe, your company has breached. The particular rights in question pertain to the validation and reporting of debt, as governed by the fair debt collection practices act ( FDCPA ) and the fair credit reporting act ( FCRA ). This letter is being sent to you in response to notices sent to me from your company and more importantly, due to your erroneous reporting to the Credit Bureaus, the highly negative impact on my personal credit report. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) TOWER LOAN - XX/XX/2022 TOWER LOAN - XX/XX/2022 TOWER LOAN - XXXX TOWER LOAN - XXXX You have violated My consumer rights by Continuously harassing me. I have completed a detailed record of your violations, and I am prepared to defend myself and my rights against unscrupulous YOU HAVE Violated THE FOLLOWING : 15 U.S. Code 1692c - Communication in connection with debt collection. ( ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt ( 1 ) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after XXXX XXXX XXXX and before XXXX XXXX XXXX local time at the consumers location. Your Company has a recorded video footage of one of your Employers stacking outside my home in the same vehicle that has delivered several notices of payment due notices to my door. Numerous of calls, emails, voicemails and texts at unforseen times. including not limited to employers calling me on their personal cell phones. relaying intimidating commination of an action of suit. after suit was allegy filed. in attempts to collect from me. 15 U.S. Code 1692d - Harassment or abuse ( A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. ( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. ( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. ( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the callers identity. 15 U.S. Code 1692e - False or misleading representations ( A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. ( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. ( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney. ( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. ( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken. ( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter. ( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. ( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. ( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. ( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. ( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value. ( 13 ) The false representation or implication that documents are legal process. ( 14 ) The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. ( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer. ( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. 15 U.S. Code 1692j - Furnishing certain deceptive forms- ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. ( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. reporting debt as an charge off dating XXXX but i received an phone call at an unforeseen time from a personal cell phone of your employees in an attempt to collect debt with threats to sue from which i was made to believe their was a judgement against me dating back months prior Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities. At this time, I will also inform you that if your offices have reported invalidated information to any of the XXXX major Credit Bureaus ( XXXX, XXXX or XXXX ) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate to bring legal action against you for the following : 1. Violation of the Fair Credit Reporting Act, ,2. Violation of the Fair Debt Collection Practices Act and 3. Defamation of Character Also, during this Settlement if any action is taken which could be considered detrimental to any of my credit reports, or refusal to remedies the damage for harassment, I will consult with my legal counsel for suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when in fact there is no provided proof that it is accurate. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. all references to this account must be deleted and completely removed from my credit report and a copy of such deletion ( to any/all of the 3 major credit reporting bureaus : XXXX, XXXX and XXXX ) request shall be sent to me immediately.

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