Date Received: 2024-01-23
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: My original contract was with XXXX since they now merge with XXXX. Convergent Outsourcing, inc violated my right as a consumer. My Account number XXXX. WAS PAID OFF. I have called several time and they keep telling me to call XXXX and I have called XXXX which they have merge with XXXX and no one has my account. I am writing to report on various violations of the Fair Credit Reporting Act ( FCRA ) from the following organizations, Convergent Outsourcing Inc, ( further known as DEBT COLLECTORS ) and XXXX, XXXX and XXXX ( further known as CREDIT REPORTING AGENCIES ). First, all companies, including DEBT COLLECTORS, have agreed to follow the regulations to protect consumers ' information. The information that is shown on the consumer report has adversely affected my life as it bears on the credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics and mode of living. The violations are as followed : Opt Out Laws - Exhibit A shows an example of a letter sent to the debt collectors expressing my choice to opt out. 15 USC 1681 section 604 ( a ) section 2 states that In general subject to subsection, any consumer agency may furnish a consumer credit report under the following circumstances and no other : in accordance with the written instructions of the consumer to who it relates. The CREDIT REPORTING AGENCIES and DEBT COLLECTORS do not have, nor did I ever give, my permission to and written or any other consent to furnish this information. Any and all consent to the CREDIT REPORTING AGENCIES and DEBT COLLECTORS for these collection items have been revoked. 15 USC 6802 ( b ) ( c ) states that A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless- the consumer is given an explanation of how the consumer can exercise the non disclosure option. The DEBT COLLECTORS never informed me of my right to exercise my nondisclosure option. To add, this account is an adverse item that is in violation of of USC 1681 ( c ) ( 5 ) which states : Except as authorized under subsection ( b ), no CONSUMER REPORTING AGENCY may make any consumer report containing any of the following items of information : Any ADVERSE item of information other than records of convictions of crimes which antedates the report by more than seven years. Further, the credit reports shows information that falsely represents the DEBT COLLECTORS as ATTORNEYS. These agencies are not attorneys and should not appear as falsely representing themselves in accordance with Title 15 USC 1692. It is stated that every consumer reporting agency shall maintain reasonable procedures when there is cause for information to be inaccurate. 15 USC 1681 ( a ) states A person shall not furnish any information relating to a consumer to any consumer if the person knows or has reasonable cause to believe that the information is inaccurate. All of this is also in violation of the Privacy Act of 1974. The CREDIT REPORTING AGENCIES are not maintaining reasonable procedures to avoid violations of for fair credit reporting. Per 12 CFR 1026.7, According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states '' It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Per my right Privacy Act of 1974 Privacy Act of 1974 ( 5 U.S. Code 552a ) Important Definitions ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; This includes consumer reports ( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. Again they need prior written instruction of the individual to whom it relates. Section 3711 ( e ) of title 31 States ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information ; and Per the FCRA as a federally protected consumer I am now opting out of any and all authorizations I the consumer may have given you writing unwritten verbal and nonverbal per 15USC 6802. Original Creditor XXXX.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MA
Zip: 02148
Submitted Via: Web
Date Sent: 2024-01-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-23
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: In accordance with the fair credit XXXX XXXX (. ) Account #., has violated my rights is u.s.c 1681 section 602 A. States 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 A account with my written instructions 15 U.S.C 1666B : A creditor may not treat a payment on a credit account under an open end consumer
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33161
Submitted Via: Web
Date Sent: 2024-01-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-08
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: This debt collector engaged in abusive, deceptive, and unfair practices of the FDCPA, which it prohibits. They furnished this account that we did not agree upon and I did not sign an agreement on. A legal contract is signed by two parties and I did not participate in any of it. Moreso they did not follow the proper 5 step validation procedure which makes this unfair practices. According to the FDCPA, I am entitled to XXXX dollars, per violation as it is clear they violated my rights.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 90037
Submitted Via: Web
Date Sent: 2023-12-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-30
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This debt collector engaged in abusive, deceptive, and unfair practices of the FDCPA which it prohibits. They furnished this account that we didn't agree upon and I didn't and never ever sign an agreement on. A legal contract is signed by two parties and I did not participate in any of it. More so they didn't follow the proper 5 step validation procedure which make this unfair practices. According to the FDCPA I'm entitled to XXXX XXXX per violation and clearly they violated my rights.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: OK
Zip: 74012
Submitted Via: Web
Date Sent: 2023-11-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-10
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This debt collector engaged in abusive, deceptive and unfair practices of the FDCPA which prohibits. They furnish this account that we didnt agree upon and I didn't sign an agreement on. A legal contract is signed by two parties and I did not participate in any of it, more so they didnt follow the proper 5 step validation procedure which makes this unfair practices. According to FDCPA Im entitled to {$1000.00} per violation and clearly they violated my rights.
Company Response:
State: NJ
Zip: 070XX
Submitted Via: Web
Date Sent: 2023-11-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-25
Issue: Took or threatened to take negative or legal action
Subissue: Collected or attempted to collect exempt funds
Consumer Complaint: Acct # : XXXX XXXX # : XXXX 15 U.S.C 1681 section 602 A. States 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 a account without my written instructions 15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years 15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the 15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 94513
Submitted Via: Web
Date Sent: 2023-10-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-24
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I was reached out to by XXXX XXXX, on XX/XX/2023 through a written letter. The letter said I owed {$1400.00} to the company. However, I have no affiliation with XXXX, and when I called Customer Service, the account number mentioned in the letter was not recognized by the system. I then received a letter by Convergent Outsourcing on XX/XX/2023. When I checked by credit score on XXXX there is no mention of this debt, which is why I believe this debt is fraudulent or someone has possibly stolen my identity. I sent a letter to XXXX and Convergent. I will also be filing a complaint with the Texas AG Office.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 76708
Submitted Via: Web
Date Sent: 2023-10-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-24
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: TO WHOM THIS MAY CONCERN I SEE WHERE MY PERSONAL INFORMATION WAS USE FOR CREDIT AND CAR LOAN THAT I DID NOT DO I HAVE PROOF I WAS LOCK UP AND MY IDENTITY WAS STOLEN.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30315
Submitted Via: Web
Date Sent: 2023-10-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-19
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I am writing to bring attention to a concerning matter concerning my credit file. I have observed the presence of a collection entry from your agency, which has caught my attention as I was not previously informed about this collection. Furthermore, I hold serious doubts about the accuracy of the debt being claimed. As per the Fair Debt Collection Practices Act, I have the right to request validation of the debt. Thus, I kindly request that you provide me with the required validation and take appropriate actions to address this issue.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 331XX
Submitted Via: Web
Date Sent: 2023-10-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-08
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: This is a follow up to prior complaint # XXXX. Within the prior response, Convergent noted that they would ask the credit reporting agencies to remove this from my credit report, it has been over 3 months and this continues to be reported. I am currently going through the process of applying for a mortgage and this continues to negatively impact my credit and interest rates I qualify for.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NC
Zip: 28209
Submitted Via: Web
Date Sent: 2023-10-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A