Date Received: 2023-09-30
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I sent notice to COMENITY CAPITAL to OPT OUT of credit reporting as the CFPB published an article that stated, credit reporting is optional. I have a right to privacy and my privacy is my constitutional right as established in Griswold v. Connecticut ( 1965 ). The Supreme Court ruled that the right to privacy is a constitutional right. I informed COMENITY CAPITAL that I want to opt out of the sharing of my personal private account and financial information to third parties XXXX, XXXX, and XXXX. These corporations are not affiliated with COMENITY CAPITAL. Additionally, when I submitted an application for the above mentioned accounts, that application was my security collateral which funded this account. The balance is in a positive amount which indicates a credit that is due to my principals account. Thus, these accounts have been falsely reported as past due. This is defaming my character and causing me and my family tremendous harm. ( account numbers ending XXXX & XXXX )
Company Response:
State: PA
Zip: 19131
Submitted Via: Web
Date Sent: 2023-09-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-30
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: On XX/XX/2023 I saw a serious delinquency on my credit report without any communication from any banks. I looked into detail and found that it has been placed by Comenity Bank, saying that I made the last payment on this account in XXXX and my account is now delinquent. The actual status is : Statement XXXX XXXX XXXX XXXX XXXX XXXX XXXX No payment Required Statement XXXX XXXX XXXX XXXX XXXX XXXX ; No payment Required Statement XXXX XXXX XXXX XXXX XXXX XXXX ; No payment Required Statement XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Present Balance XXXX My XXXX account was hacked and as a result the information related to many of my credit cards accounts and my bank accounts was stolen. I closed and most of my credit cards and bank accounts and opened new accounts with the same financial institutions XXXX XXXX XXXX XXXX XXXX XXXX XXXX ). This card was on autopay through XXXX checking account that was also changed after this fraud. This card being a small infrequently used credit card, somehow the autopay was not updated. The company never tried to reach out to me and directly placed a serious delinquency in less than one week of due date, which is unethical and illegal. I am buying a house. This delinquency of {$37.00} minimum payment led to a fall of about XXXX points on my credit score. now I have significant problems in buying home because or irresponsible and illegal attitude of the company. I tried to reach out to company. They refused to get me in contact of the credit reporting person in the company. I tried to reach out to the CEO of the company on XXXX and sent him an inmail. But no response was received from the company.
Company Response:
State: MA
Zip: 017XX
Submitted Via: Web
Date Sent: 2023-09-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-01
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Comenity Bank XXXX In accordance with the Fair Credit Reporting Act this creditor has violated my Rights! Under Act 15 U.S.C. 1681 section 602 says " I have the right to Privacy ''. 15 U.S.C 1681 section 604 A section 2 " It also states a consumer reporting agency can not furnish an account without my written instructions ''. Under 15 U.S.C 1666B " A creditor may not treat a payment on a XXXX card account under an open and consumer credit plan as late for any purpose ''.
Company Response:
State: GA
Zip: 302XX
Submitted Via: Web
Date Sent: 2023-10-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-01
Issue: Fees or interest
Subissue: Problem with fees
Consumer Complaint: On XX/XX/23 I paid off my visa in full leaving a XXXX balance. On XX/XX/23 I was charged {$37.00} on a XXXX balance. I called for an explanation and was told first they didnt receive my payment prior to the charge, which was incorrect since I paid in full 12 days prior to the interest charge, then I was told it was because I did not pay my card in full for two separate months in a row. When I asked what purchase the interest was being applied to there was no answer just repeated that I did not pay in full two months in a row. I advised I wanted to cancel my card. They then Replied that they would no longer help resolve the issue if I cancelled my card.
Company Response:
State: NJ
Zip: 07003
Submitted Via: Web
Date Sent: 2023-10-01
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-02
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I have carefully reviewed my credit report in the 3 credit bureaus. I have been turned down for a credit due to mis-reporting information, I have found inaccuracies that should be immediately investigated. I have complete knowledge of the Fair Credit Reporting Act and understand that these companies have a responsibility to notify me prior to or no later than 30 days of such negative activity reporting against me. COMENITYCB/FOREVER21 XXXX. Those payments were made on time. I am requesting that the late payment markings be updated to reflect my accurate payment history. If there is any confusion, I suggest you contact myself or the customer service representative of the said accounts.
Company Response:
State: CA
Zip: 92102
Submitted Via: Web
Date Sent: 2023-10-02
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-02
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: On XX/XX/2023, I obtained copies of my consumer reports from the credit reporting agencies ( XXXX, XXXX XXXX, and XXXX ) and was dismayed to discover that your company 's information continues to be reported in a manner that violates the Fair Credit Reporting Act ( FCRA ). As previously communicated in past notices, I have raised concerns about one or more potential violations in the past, emphasizing the importance of complying with consumer rights and FCRA regulations. Specifically, I am referring to the closed accounts associated with the following : 1. Express Account # XXXX Upon reviewing my credit reports, I have noticed that your bank is reporting my experiences with your company in a manner that raises significant concerns about potential violations of the Fair Credit Reporting Act ( FCRA ). The specific matter of concern pertains to the categorization of my line of credit with your company as " utilization '' and the categorization of my payment history / status with your company as transactions, on my consumer reports. It is my firm belief, supported by the relevant legal provisions, that your company is unlawfully reporting this information on my consumer reports. I would like to draw your attention to 15 U.S. Code 1681a ( 2 ) ( A ) ( i ), which states : " 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term 'consumer report ' does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. '' The law is unequivocal in its statement that information pertaining to transactions or experiences between the consumer ( myself ) and the person ( Comenity Bank ), making the report, should not be included on consumer credit reports. Utilization is inherently an experience with the line of credit extended between the consumer ( myself ) and your company,, which qualifies it as an experience that should not be reported on my consumer credit reports. Payment history or status is inherently transactions, between the consumer ( myself ) and the person ( Comenity Bank ) which qualifies it as information that should not be reported on my consumer credit reports! By reporting this transaction on all of my consumer reports, Comenity Bank appears to be in clear violation of the FCRA ( 15 U.S. Code 1681a ( 2 ) ( A ) ( i ) ).
Company Response:
State: IL
Zip: 60615
Submitted Via: Web
Date Sent: 2023-10-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-29
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: To XXXX XXXX, In your letter dated XXXX XXXX you state I received a copy of your Financial Privacy Policy when the account was opened allegedly in my name and that I can limit information sharing ( OPT OUT ) if I wish to do so. Well, I would like to officially OPT out of the following accounts you are reporting without my permission. XXXX ) Comenity Bank XXXX XXXX # XXXX ..... XXXX ) Comenity Bank XXXX XXXX # XXXX ..... XXXX XXXX Comenity Bank XXXX XXXX # XXXX ... ... ...... XXXX XXXX Comenity Bank XXXX XXXX XXXX # XXXX ... ...... You mention you sold accounts to another company, BUT your company is still reporting this account and therefore I am officially requesting that you OPT me out of credit reporting the accounts that have no business reporting in my credit reports in the first place that you are currently reporting.
Company Response:
State: PA
Zip: 19146
Submitted Via: Web
Date Sent: 2023-09-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-29
Issue: Fees or interest
Subissue: Problem with fees
Consumer Complaint: After several contacts with Comenity to pay off card, several agents confirmed removal of fees and claimed to set up payment plan to pay off card by XXXX. Balance was never adjusted, fees were never removed, and balance is still several hundreds dollars after completing payment plan. I have also been charged additional fees since last payment that was supposed to pay off card. Last payment was said to be approx {$40.00}. I set up auto payment for this and was charged approx {$60.00}. Recieved a call this morning stating that I had a remaining balance of approx {$200.00}, agent claimed to remove {$190.00} of fees that was previously promised but that I still have approx {$50.00} left. I was transferred to escalation and was told they would review calls. I dont believe them, they are professional liars that take advantage of struggling customers and mislead them in a way that causes more late fees to be accumulated and lowering of credit score.
Company Response:
State: NC
Zip: 27612
Submitted Via: Web
Date Sent: 2023-09-29
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-25
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: The existence of a derogatory rating on my account is causing me significant concern. I am deeply worried about its potential impact on my credit. It has already resulted in the denial of a recent loan application and an increase in the interest rates on my existing credit accounts. I want to emphasize the severe financial and emotional distress that this negative rating has caused me and will continue to cause until it is resolved.
Company Response:
State: FL
Zip: 33634
Submitted Via: Web
Date Sent: 2023-09-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-27
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: On XX/XX/2022 I applied for a XXXX XXXX credit card in order to receive discounts. The terms and conditions were never disclosed, mainly the interest rate. When I received the card and terms and conditions in the mail on XX/XX/2022, I immediately called the phone number on the paper work. Told them due to the interest rate on the card I would not be activating the credit card and did not accept the terms and conditions. I was told I " automatically '' accepted the terms and conditions when I applied, but how can you accept something you are not provided a chance to review? I informed the customer service rep that without my consent the account could NOT be opened. AND my consent was not giving after receiving their terms and conditions. Today, I received notification that there was a change in my credit report. Commenity Capital Bank aka XXXX XXXX reported the account as opened and closed. I again immediately called and told them I DID NOT accept their terms and conditions. I was informed they were not required to disclose the terms and conditions during the application process, that is simply NOT true.
Company Response:
State: OK
Zip: 743XX
Submitted Via: Web
Date Sent: 2023-09-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A