Date Received: 2024-01-21
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: XXXX XXXX XXXX Account number XXXX In accordance with FCC regulations, the specific code or provision that grants me this right is outlined in Title 47 of the Code of Federal Regulations ( CFR ). While I do not have the exact code at hand, it is my understanding that the FCC ensures consumers have access to signed copies of contracts, especially those related to telecommunications and related services. This is a breach of contract and an adverse action for exercising my rights. Consumers also have rights under the Fair Debt Collection Practices Act ( FDCPA ), a separate federal law that regulates the practices of debt collectors. Under the FDCPA, if you request validation of a debt within 30 days of receiving the initial communication from a debt collector, the collector must provide you with certain information, including a written verification of the debt, if requested. However, this does not necessarily require the collector to provide the original signed contract or " wet documents. ''
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
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 am XXXX XXXX XXXX XXXXg. I could not upload my XXXX XXXX documentation. I could not reach Experian to find out the status of my XXXX XXXX documentation
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: OH
Zip: 44124
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Subject : Inaccurate Flagging of New Derogatory Marks on Credit Reports Post-XXXX XXXX Bankruptcy Complaint Details : In XX/XX/XXXX, I filed for XXXX XXXX bankruptcy due to XXXX XXXX XXXX XXXX XXXX leading to a loss of income. Since the filing, I have adhered strictly to the bankruptcy plan without incurring any new derogatory credit activity. I am facing a critical issue with my credit reports maintained by Experian, XXXX, and XXXX, following my XX/XX/XXXX filing date. There has been no new derogatory activity on my accounts since the filing ; however, recent updates have led to misleading reports of new derogatory activity on all accounts. Issue with Credit Bureaus ( Experian, XXXX, XXXX ) : Inaccurate Reporting of New Derogatory Marks : My student loan, originally with the US Department of Education and subsequently transferred to XXXX, was consistently paid on time and never incurred any late payments. However, in XX/XX/XXXX, it was reported with a " petition for XXXX XXXX bankruptcy '' status update. This update, along with the Date of Last Activity ( DOLA ) marked as XX/XX/XXXX, erroneously portrayed the account as having a new derogatory mark. It's important to note that there has been no new activity on this account since my XXXX XXXX bankruptcy filing in XX/XX/XXXX. To accurately reflect my payment history, the status update or DOLA should be amended to XX/XX/XXXX. Alternatively, the account status could be adjusted to 'open and paid as agreed, ' considering that I have consistently made timely payments and the account is currently deferred due to my enrollment in school. Errors Resulting from Experian Disputes : In XX/XX/XXXX, I noticed that Experian had erroneously marked several of my accounts as " 90 days late, '' despite this being incorrect for the majority of them. Upon contacting an Experian representative for rectification, he initiated disputes for all my accounts, including those that were reporting correctly and did not require a dispute. This action inadvertently triggered updates across all three credit bureaus ( Experian, XXXX, and XXXX ) on several accounts, leading to status updates and Date of Last Activity ( DOLA ) inaccurately marked between XX/XX/XXXX and XX/XX/XXXX. Consequently, these updates have been mistakenly interpreted as multiple new derogatory marks, despite the fact that the actual last activity on these accounts dates back to XX/XX/XXXX, and they have been consistently paid as agreed per the XXXX XXXX plan. Impact : The inaccurate reporting by the credit bureaus has caused a sudden and drastic decline in my credit scores, leading to a significant misrepresentation of my creditworthiness. Despite the absence of any new financial activity on these accounts since my XXXX XXXX bankruptcy filing in XX/XX/XXXX, they are erroneously being reported as new financial activity and as new derogatory marks. This mischaracterization has led to immediate and substantial financial repercussions. Most critically, it has jeopardized the closure of a pending mortgage, thereby placing essential financial opportunities in jeopardy. These inaccuracies have not only distorted the true picture of my financial history but also threaten to upend vital steps in my financial recovery and stability, particularly my plans to purchase a home.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: WI
Zip: 541XX
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: RE : Investigation Request to Delete Credit Inquires To whom it may concern, In accordance with the Fair Credit Reporting Act Section 611 ( 15 U.S.C. 1681I ), I am practicing my right to challenge questionable information that I have found on my personal credit report. I do not recognize the information listed below and request that you investigate the source of these accounts and ascertain that the creditor had a permissible purpose, and is able to verify my complete file information including full name, address, date of birth and SSN #. INCORRECT ACCOUNT INFORMATION The accounts below are reporting incorrectly please investigate these : XXXX SYSTEMS ACCOUNT DELIQUENT ACCT OPENED XX/XX/year> I DID NOT OPEN AN ACCOUNT IN XXXX NOT HAVE KNOWLEDGE OF THE ACCOUNT. I HAVE ATTACHED THE RESPONSE LETTER FROM XXXX WHERE NO ACCOUNT SHOWS UP ON XX/XX/year> NOR DOES THE AMOUNT ADD TO XXXX. DELETE THE ERRONOUS INFO I am allowing you 30 days to complete this investigation after which I authorize you to mail me my updated credit reports along with the investigation results
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33133
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: Hello CFPB, I'm submitting a complaint on the credit reporting bureaus XXXX, XXXX, and Experian on my consumer reports. I requested a verification and removal of a XXXX XXXX XXXX from the consumer report, Verification of Creditor accounts XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, XXXXXXXX XXXX XXXX XXXX, due to Charge offs, Late payments, Evictions 15 USC 1681a 2. Under the Fair Credit Reporting Act, a consumer reporting agency must provide accurate information. I requested that the bankruptcy be verified, since its showing on my credit report/consumer report. They came back saying it was verified on XX/XX/23. How could they have verified a bankruptcy? Who did they contact in the court to verify the information? I am also aware of my rights under the Fair Debt Collection Practices Act, specifically 15 USC 1692c, which prohibits debt collectors from communicating with third parties regarding my debt. As such, any continued reporting of my bankruptcy is in violation of federal law. A charge off on my consumer report is a violation of my consumer rights. A late payment 15 usc 1681a is a transaction and should not have been added to my consumer report/ credit report. I've requested by phone that my name and address information be updated and all information not current be removed. It's still showing on my reports. I've requested all inquiries be removed off credit report Will you please check into this and have this bankruptcy removed and all transactions removed from my consumer reports/ credit report.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: OH
Zip: 45417
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: I am XXXX XXXX, I am submitting this complaint for myself. No third party is involved. I am communicating with you directly as requested regarding concerns/ issues with my credit report. This letter represents my formal request to again dispute the aforementioned accounts as well as inquiries which are illegally being reported on my account. It was communicated to me to reach out to each individual agency to expedite the removal. As of the date of this letter, it has been over thirty days with no compliance to the Fair Credit Reporting Act ( FCRA 15 U.S.C. 1681 ) enacted by the United States Congress. By their findings, it is now my legal right to have these accounts and inquiries ( FCRA 15 U.S.C. 1681n ) removed. I understand the individual in receipt of this letter is most likely not an attorney. Therefore, I have attached the laws and definitions to educate any person of my legal rights in the United States of America. I appreciate you understanding how this adversely affects me and is in violation of my rights. Thank you for helping me take this federal matter seriously! 15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) 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. ( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; rules of construction ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter. ( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. ( c ) The term consumer means an individual. ( d ) Consumer Report. ( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title. ( 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 ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] ( 3 ) Restriction on sharing of medical information.Except for information or any communication of information disclosed as provided in section 1681b ( g ) ( 3 ) of this title, the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services. ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. ( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. ( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. ( h ) The term employment purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee. ( i ) Medical Information.The term medical information ( 1 ) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to ( A ) the past, present, or future physical, mental, or behavioral health or condition of an individual ; ( B ) the provision of health care to an individual ; or ( C ) the payment for the provision of health care to an individual. [ 2 ] ( 2 ) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy. ( j ) Definitions Relating to Child Support Obligations. ( 1 ) Overdue support. The term overdue support has the meaning given to such term in section 666 ( e ) of title 42. ( 2 ) State or local child support enforcement agency. The term State or local child support enforcement agency means a State or local agency which administers a State or local program for establishing and enforcing child support obligations. ( k ) Adverse Action. ( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 1681b ( a ) ( 3 ) ( D ) of this title ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 1681b ( a ) ( 3 ) ( F ) ( ii ) of this title ; and ( II ) adverse to the interests of the consumer. ( 2 ) Applicable findings, decisions, commentary, and orders. For purposes of any determination of whether an action is an adverse action under paragraph ( 1 ) ( A ), all appropriate final findings, decisions, commentary, and orders issued under section 1691 ( d ) ( 6 ) of this title by the Bureau or any court shall apply. ( l ) Firm Offer of Credit or Insurance.The term firm offer of credit or insurance means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following : ( 1 ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer. ( 2 ) Verification ( A ) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumers application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability. ( 3 ) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was ( A ) established before selection of the consumer for the offer of credit or insurance; and ( B ) disclosed to the consumer in the offer of credit or insurance. ( m ) Credit or Insurance Transaction That Is Not Initiated by the Consumer.The term credit or insurance transaction that is not initiated by the consumer does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of ( 1 ) reviewing the account or insurance policy ; or ( 2 ) collecting the account. ( n ) State. The term State means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States. ( o ) Excluded Communications.A communication is described in this subsection if it is a communication ( 1 ) that, but for subsection ( d ) ( 2 ) ( D ), would be an investigative consumer report ; ( 2 ) that is made to a prospective employer for the purpose of ( A ) procuring an employee for the employer ; or ( B ) procuring an opportunity for a natural person to work for the employer ; ( 3 ) that is made by a person who regularly performs such procurement ; ( 4 ) that is not used by any person for any purpose other than a purpose described in subparagraph ( A ) or ( B ) of paragraph ( 2 ) ; and ( 5 ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( ii ) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation ; and ( C ) the person who makes the communication ( i ) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumers file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought ; and ( ii ) notifies the consumer who is the subject of the communication, in writing, of the consumers right to request the information described in clause ( i ). ( p ) Consumer Reporting Agency That Compiles and Maintains Files on Consumers on a Nationwide Basis.The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( 1 ) Public record information. ( 2 ) Creditaccount information from persons who furnish that information regularly and in the ordinary course of business. ( q ) Definitions Relating to Fraud Alerts. ( 1 ) Active duty military consumer.The term active duty military consumer means a consumer in military service who ( A ) is on active duty ( as defined in section 101 ( d ) ( 1 ) of title 10 ) or is a reservist performing duty under a call or order to active duty under a provision of law referred to in section 101 ( a ) ( 13 ) of title 10 ; and ( B ) is assigned to service away from the usual duty station of the consumer. ( 2 ) Fraud alert ; active duty alert.The terms fraud alert and active duty alert mean a statement in the file of a consumer that ( A ) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft, or is an active duty military consumer, as applicable ; and ( B ) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph ( A ) by any person requesting such consumer report. ( 3 ) Identity theft. The term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the Bureau may prescribe, by regulation. ( 4 ) Identity theft report.The term identity theft report has the meaning given that term by rule of the Bureau, and means, at a minimum, a report ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false. ( 5 ) New credit plan. The term new credit plan means a new account under an open end credit plan ( as defined in section 1602 ( i )? 1 of this title ) or a new credit transaction not under an open end credit plan. ( r ) Credit and Debit Related Terms ( 1 ) Card issuer.The term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card. ( 2 ) Credit card. The term credit card has the same meaning as in section 1602 of this title. ( 3 ) Debit card. The term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services. ( 4 ) Account and electronic fund transfer. The terms account and electronic fund transfer have the same meanings as in section 1693a of this title. ( 5 ) Credit and creditor. The terms credit and creditor have the same meanings as in section 1691a of this title. ( s ) Federal Banking Agency. The term Federal banking agency has the same meaning as in section 1813 of title 12. ( t ) Financial Institution. The term financial institution means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section 461 ( b ) of title 12 ) belonging to a consumer. ( u ) Reseller.The term reseller means a consumer reporting agency that ( 1 ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( 2 ) does not maintain a database of the assembled or merged information from which new consumer reports are produced. ( v ) Commission. The term Commission means the Bureau. [ 3 ] ( w ) The term Bureau means the Bureau of Consumer Financial Protection. ( x ) Nationwide Specialty Consumer Reporting Agency.The term nationwide specialty consumer reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( 1 ) medical records or payments ; ( 2 ) residential or tenant history ; ( 3 ) check writing history ; ( 4 ) employment history; or ( 5 ) insurance claims. ( y ) Exclusion of Certain Communications for Employee Investigations. ( 1 ) Communications described in this subsection.A communication is described in this subsection if ( A ) but for subsection ( d ) ( 2 ) ( D ), the communication would be a consumer report ; ( B ) the communication is made to an employer in connection with an investigation of ( i ) suspected misconduct relating to employment ; or ( ii ) compliance with Federal, State, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer ; ( C ) the communication is not made for the purpose of investigating a consumers credit worthiness, credit standing, or credit capacity ; and ( D ) the communication is not provided to any person except ( i ) to the employer or an agent of the employer ; ( ii ) to any Federal or State officer , agency, or department, or any officer, agency, or department of a unit of general local government ; ( iii ) to any self-regulatory organization with regulatory authority over the activities of the employer or employee ; ( iv ) as otherwise required by law ; or ( v ) pursuant to section 1681f of this title. ( 2 ) Subsequent disclosure. After taking any adverse action based in whole or in part on a communication described in paragraph ( 1 ), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection ( d ) ( 2 ) ( D ) an investigative consumer report need not be disclosed. ( 3 ) Self-regulatory organization defined. For purposes of this subsection, the term self-regulatory organization includes any self-regulatory organization ( as defined in section 78c ( a ) ( 26 ) of this title ), any entity established under title I of the Sarbanes-Oxley Act of 2002 [ 15 U.S.C. 7211 et seq. ], any board of trade designated by the Commodity Futures Trading Commission, and any futures association registered with such Commission. ( z ) Veteran. The term veteran has the meaning given the term in section 101 of title 38. ( aa ) Veterans Medical Debt.The term veterans medical debt ( 1 ) means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department of Veterans Affairs ; and ( 2 ) includes medical collection debt that the Department of Veterans Affairs has wrongfully charged a veteran. 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. ( c ) Attorneys fees : Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. ( d ) Clarification of willful noncompliance : For the purposes of this section, any person who printed an expiration date on any receipt provided to a consumer cardholder at a point of sale or transaction between XX/XX/XXXX, and XX/XX/XXXX, but otherwise complied with the requirements of section 1681c ( g ) of this title for such receipt shall not be in willful noncompliance with section 1681c ( g ) of this title by reason of printing such expiration date on the receipt.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 106XX
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: It is illegal to report transactions history income can not be reported.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 77033
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: XXXX XXXX This not a verification of the loan. Experian has continue to discriminate against my rights as a consumer, and will not delete this information from my account. This was a joint with my husband. Experian has deleted this information from my husbands account in XXXX. Experian to delete this account from my credit report. Experian is not fair when it comes to reporting joint information. This account is old and negative fr more than seven years. Please see attachment from my husband account. I have received a copy of my consumer reports and I notice you have furnished transactions on my consumer report that is excluded by law as per the FCRA 15 USC 1681a 2Ai. ( 2 ) Exclusions-Except as provided in paragraph ( 3 ) the term consumer report does not include- ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; A consumers transactions are excluded from the consumer reports. FICO and or any other Risk score or algorithm that you use to calculate a consumers credit score is not a factor where the consumer report is concerned! Definition of what the consumer report means. Consumer report ( 1 ) In general- The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for- ( A ) credit or insurance to be used primarily for personal, family, or household purposes : ( B ) employment purposes : or ( C ) any other purpose authorized under section 1681b of this title. FICO or none of its factors are not defined or included in the definition of the consumer report! Therefore, the reporting of transactions between the consumer Myself ( XXXX XXXX ) and XXXX XXXX is a violation of 15 USC 1681a the definition of the consumer report does not include FICO or Vantage which makes their factors or algorithm not a factor where the consumer report is concerned. You have furnished transaction information on the following accounts. XXXX XXXX Account # XXXX 15 USC 6801 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. 15 USC 6802 A financial institution may not, directly or through any affiliate, disclose to a non-affiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803. Obligations with respect to disclosures of personal information. A. Before a financial institution report my information, they must ask for my permission. B. Before you report the information you must tell me, and I will give you a yes or no. C. If I say no they must now tell me what I need to do to ensure my information is not given. The information that I give to my financial institution is my personal information. It is confidential. They can not give access to my information without my permission. I did not give XXXX XXXX my permission to give out my personal information. XXXX XXXX has broken the law. XXXX XXXX has broken my trust and confidentiality. This goes against my rights as consumer under the Fair AcXXXX. XXXX XXXX never disclosed to me in writing or in electronic form or other forms permitted by the regulations prescribed under Section 6804 of this title, that my information will be disclose to a third party. XXXX XXXX has charged fraudulent late fees and in addition inserted late payments on my consumer report, all payments were made on time, all payments were exact, and all payments were made on their respective due date. CFPB Takes Action Against XXXX XXXX XXXXXXXX for Illegally Charging Junk Fees, Withholding Credit Card Rewards, and Opening Fake Accounts. XXXX XXXX XXXX will pay more than {$100.00} XXXX to harmed consumers, and {$150.00} XXXX in penalties to CFPB and Office of the Comptroller of the Currency XX/XX/XXXX. XXXX XXXX XXXX harmed hundreds of thousands of consumers over a period of several years and across multiple product lines and services. Specifically, XXXX XXXX XXXX : XXXX a double-dipping scheme to harvest junk fees : XXXX XXXX XXXX had a policy of charging customers {$35.00} after the bank declined a transaction because the customer did not have enough funds in their account. The CFPBs investigation found that XXXX XXXX XXXX double-dipped by allowing fees to be repeatedly charged for the same transaction. Over a period of multiple years, XXXX XXXX XXXX generated substantial additional revenue by illegally charging multiple {$35.00} fees. My account with XXXX XXXX was never late! This was clearly a billing error, and a double dipping scheme. This account is shameful it has caused severe hardship to my reputation, my character, my mode of living and to my family! I need the following late payments Deleted : XXXX XXXX Account # XXXX 15 SC 1666b ( a ) Time to make payments A creditor may not treat a payment on a loan account under an open consumer credit plan as late for any purpose. Delete the following late payments from my consumer reports : XXXX XXXX # XXXX Yours truly, XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AK
Zip: 995XX
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
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 recently reviewed my credit report because I'm trying to buy a home and noticed inaccuracies and/or incomplete information and accounts that are Unverified. According to the Fair Credit Reporting Act, Section 611 ( 5 ) ( A ) of the FCRA- you are required to promptly DELETE all information that is inaccurate, incomplete, or which can not be verified. 15 USC 1681 Section 604, states the right to consumers ' privacy. Reporting agencies can not furnish an account WITHOUT my WRITTEN consent! It is also my understanding that Under the FCRA 15 U.S.C. 1681i, every single one even any or all the unproven, non-compliant, incomplete, untrue, incorrect, and or unverified aspects of any alleged derogatory accounts must be promptly negated in their entirety, or the alleged accounts are to be completely deleted. The FOLLOWING derogatory accounts allegations are either UNTRUE, UNVERIFIED, INCORRECT, INCOMPLETE, UNTIMELY, NOT MINE, NOT MY RESPONSIBILITY, or otherwise NOT PROVEN COMPLIANT to regulatory federal reporting laws and or standards and MUST be removed immediately The infractions are as follows : Alleging Creditor and Account as is reported as having a late payment on my credit report : 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 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 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 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 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 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 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 XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 303XX
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the Fair Credit Reporting Act this creditor : - XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX has violated my rights under 15 USC 1681 section 602 states that I have the right to privacy ( 15 USC 1681 section 604A section 2 ). It also states that a consumer reporting agency can not furnish an account without my written instructions under 15 USCS 166b, a creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TN
Zip: 37206
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A