Dear Ciara Cook,
This document serves as a response to your email requiring me to clarify my claims. According to your response in the said email, you require this clarification of claims to communicate a settlement offer.
I shall proceed to set forth the claims and argue out how Capital One Bank is liable.
CLAIMS
- VIOLATION OF 15 U.S.C 1692b (2)
According to 15 U.S.C 1692b(2), a debt-collector should follow some procedure in making communications. For instance, the debt collector should first identify themselves and that they are collecting information about the consumer. They should not state that the consumer is owing them any debt. Interestingly, the debt-collector should not communicate more than once save for express consent. Also, the debt collector should not send correspondence that allude to the consumer’s debt.
The said provision proceeds to define communication as used therein. Accordingly, “[t]he term ‘communication’ means the conveying of information regarding a debt directly or indirectly to any person through any medium.” Id. § 1692a(2). As used in § 1692b, “communicating” is an intransitive verb. The Merriam–Webster Dictionary defines the intransitive verb form of communicate as: “to transmit information, thought, or feeling so that it is satisfactorily received or understood.” Merriam–Webster Dictionary.
To state a claim under 15 U.S. Code § 1692b, a plaintiff must establish that (1) he has been the object of collection activity arising from consumer debt, (2) the Capital One Bank is a debt collector, and (3) the Capital One Bank engaged in an act or omission prohibited by the FDCPA. Fuller v. Becker & Poliakoff, P.A., 192 F. Supp. 2d 1361, 1366 (M.D. Fla. 2002).
In the instant case, Capital One Bank commenced communications with me without my express consent. The said communication included instrumentality/correspondences to my address claiming payment of debt alleged to be owed by me.
I aver that by making the said communications to me, I automatically became the object of such collection activity arising from the alleged consumer debt. Also, it is undisputable that Capital One Bank is a debt collector and that Capital One Bank, by making the said communications, violated the guidelines under 15 U.S. Code § 1692b.
- VIOLATION OF 15 U.S. Code § 1692e.
According to 15 U.S. Code § 1692e, “A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.” The said provision proceeds to state in pertinent part:
Without limiting the general application of the foregoing, the following conduct is a violation of this section:
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.
15 U.S. Code § 1692e, Section 11.
“[a] debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.” 15 U.S. Code § 1692e; see also Foti v. NCO Fin, Sys., Inc., 424 F. Supp. 2d 643, 653 (S.D.N.Y. 2006) (citations omitted).
In the instant case, Capital One Bank failed to disclose the purpose of the communication is to attempt to collect a debt. Furthermore, Capital One Bank has similarly failed to disclose the same in all subsequent billing statements. These actions clearly violate 15 U.S. Code § 1692e.
- VIOLATION OF 15 USC 1692b(5)
According to 15 USC 1692b,
Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall—
not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt;
15 USC 1692b, Section 5.
Accordingly, it is evident that 15 USC 1692b prohibits collectors from identifying themselves as collectors, unless asked.
To state a claim under the FDCPA, a plaintiff must establish that (1) he has been the object of collection activity arising from consumer debt, (2) the Capital One Bank is a debt collector, and (3) the Capital One Bank engaged in an act or omission prohibited by the FDCPA. Fuller v. Becker & Poliakoff, P.A., 192 F. Supp. 2d 1361, 1366 (M.D. Fla. 2002).
In the instant case, Capital One Bank has used symbols indicating Capital One Bank is in the
business of Debt Collection. These symbols have been displayed on all envelopes and contents of communications sent to and received by CFPB and I. It follows; such actions are in violation of 15 USC 1692b(5).
- VIOLATION OF 15 U.S.C. § 6802(b)(B).
15 U.S.C. § 6802(b) and (B) provide that “(1) In general, A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless— (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;”
Personal financial information is regarded as very private and should not be disclosed in any manner. By parity of reasoning, this restriction to disclose personal financial information can best be seen in civil discovery. In that regard, “the general rule in Florida is that personal financial information is ordinarily discoverable.” Friedman v. Heart Inst. of Port St. Lucie, Inc., 863 So.2d 189, 194 (Fla.2003).
In the instant action, the disclosure of my non-public personal information to non-affiliated third parties by Capital One Bank without my prior consent/waiver is a violation of my privacy of information. Therefore, Capital One Bank are in violation of 15 U.S.C. § 6802(b)(B).
- VIOLATION OF 15 USC 1602
According to 15 USC 1602 (i), “The adjective “consumer”, used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money … which are the subject of the transaction are primarily for personal, family, or household purposes.”
Also, it is worth noting that the purpose of 15 USC 1602 is to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices.
I aver that this issue involves a consumer credit transaction in which I provided my credit card, which is on an open-ended consumer credit plan pursuant to 15 USC 1602j. Capital One Bank is in violation for unauthorized use pursuant to 15 USC 1602p being that I the consumer receive no benefit from the monthly statement claiming that I owe the alleged debt. Indebtedness is the obligation of the United States pursuant to 18 USC 8.
CONCLUSION
Congress enacted the FDCPA in 1977 to eliminate abusive debt collection practices, to promote consistent state action to protect consumers against debt collection abuses. 15 U.S.C. § 1692e; see also Wade v. Regional Credit Association, 87 F.3d 1098, 1099 (9th Cir. 1996) (discussing purpose of the FDCPA). As such, the statute is (and should be) liberally construed.
In light of the foregoing, Capital One Bank has violated provisions under the FDCPA as alleged herein. Therefore, I am entitled to the prayers so raised in my Complaint.
Sincerely,
Iasia Owens.
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