Date Received: 2023-12-31
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I AM SUBMITTING THIS WITHOUT ANY INFLUENCE AND THIS IS NOT A THIRD PARTY. THE CREDIT BUREAUS STATED MY ACC WAS PROPERLY INVESTIGATED BUT HOW IS THAT POSSIBLE IF THE OPEN DATE IS INACCURATE, THE DATE LAST ACTIVE IS INACCURATE, AND THE DATE LAST REPORTED IS NOT ACCURATE? THIS GROUND FOR REMOVAL, THEY ALSO VIOLATED MY RIGHTS UNDER 15 U.S.C 1681 SECTION 602 A. STATES I HAVE THE RIGHT TO PRIVACY. 15 U.S.C 1681 SECTION 604 SECTION 2. IT ALSO STATES A CONSUMER REPORTING AGENCY CAN NOT FURNISH AN ACCOUNT WITHOUT MY WRITTEN INSTRUCTIONS. PLEASE SEE ATTACHED LETTERS.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 10451
Submitted Via: Web
Date Sent: 2023-12-31
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-31
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I the consumer was not given a explanation how to exercise on how I can exercise a nondisclosure option of nonpublic personal information.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30213
Submitted Via: Web
Date Sent: 2023-12-31
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-31
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 demand the XXXX, XXXX XXXX, and XXXX XXXX XXXX be immediately excluded from my consumer report, unless there is proof of signature that I did indeed do business with this company. If there is no such proof, which there is none, then this is consider IDENTITY THEFT and needs to immediately removed no later than 4 days according to 15 USC 1681c-2 Block of Information Resulting From Identity Theft. I will be suing for {$1000.00} per violation per 15 USC 1681n-Civil Liability for Willful Noncompliance . I also demand any alleged transactions/ experiences be excluded on the grounds of 15 USC 1681 a Definitions ; Rules of Construction ( 2 ) Exclusions- Consumer Report- DOES NOT INCLUDE- ( A ) ( i ) Reports containing information solely as to transactions or experiences between the CONSUMER AND THE PERSON MAKING THE REPORT, also 15 USC 1666b Timing of Payments ( a ) time to make payments- a creditor MAY NOT TREAT A PAYMENT ON A CREDIT CARD ACCOUNT UNDER AN OPEN END CONSUMER CREDIT PLAN AS LATE FOR ANY PURPOSE also 15 USC 1682b- Permissible Purpose of Consumer Report 15 USC 1681eb Maximum Accuracy Shall be reported! Even if this account was mine A charged off status and late payments are transactions and experiences which by law should NOT be reporting to the consumer report anyways, I was also part of the XXXX XXXX Breach which I am taking action, my personal information is compromised 15 USC 6802 No Financial Institute can Disclose your Nonpublic Informtation because my information has been compromised, I demand you take immediate action, I have attached proof of address and DL ( dl address will be changed ) so you XXXX can stop your stall tactics!
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 34638
Submitted Via: Web
Date Sent: 2023-12-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-31
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Subject : Notice to Principal is Notice to Agent and Notice to Agent is Notice to Principal - Legal Violations Regarding Consumer Profile I hope this NOTICE finds you well. I am writing to address a matter of utmost significance regarding the improper use of my consumer profile, leading to potential discrimination from other collection agencies based on inaccurate credit reporting. It is crucial that all companies listed herein, rectifies these issues promptly in accordance with applicable laws and regulations. The foundational principle, Notice to Principal is Notice to Agent and Notice to Agent is Notice to Principal, deeply embedded in legal doctrine, serves as the bedrock for addressing the violation at hand. Title 15, Section 1692c ( 15 U.S.C. 1692c ) of the United States Code establishes explicit limitations on communication in connection with debt collection. These limitations prohibit debt collectors from communicating about a consumers debt to third parties unless under specific circumstances, such as with the consumers consent or for the purpose of locating the consumer. In conjunction with these provisions, it is imperative to comprehend the concept of permissible purpose as defined in 15 U.S.C. 1681b. This section delineates the legitimate reasons for obtaining and using consumer reports, ensuring that creditors have a valid and authorized basis for accessing and utilizing a consumers credit information. Violating this principle arises when a creditor sells a debt without a permissible purpose, raising significant concerns about the legality of such actions. The violation extends beyond the boundaries of the Fair Debt Collection Practices Act ( FDCPA ). While the FDCPA primarily applies to third-party debt collectors, original creditors, such as all companies listed herein, must also adhere to other applicable laws and regulations. The Truth in Lending Act ( TILA ), specifically TILA Violation 1026.9, mandates adequate notice of the sale of debt. The absence of such notice constitutes a violation of TILA, compounding the severity of the violation. False and misleading representations regarding the debt directly contravene Section 807 of the FDCPA. This provision explicitly prohibits debt collectors from using false, deceptive, or misleading representations in connection with the collection of any debt. Such practices undermine the rights and protections afforded to consumers under the FDCPA. Additionally, the responsibilities of furnishers of information to consumer reporting agencies, as outlined in 15 U.S.C. 1681s2, place all companies listed herein, in the category of a furnisher. The law expressly prohibits furnishing incorrect or inaccurate information. Specifically, 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) stipulates that continued reporting of proven inaccurate information constitutes a clear violation of the law. All companies listed herein negligent and inaccurate reporting has caused severe harm, infringing upon my rights as governed by these laws. It is imperative that all companies listed herein, comprehends the gravity of its actions and the potential consequences. Ignorance of the law is not an excuse, especially when violating consumer rights. This communication serves as a final opportunity for all companies listed herein, to rectify this situation promptly. Failure to comply will result in legal action being taken against your company for violating my rights and displaying negligence in its practices. In conclusion, the violation of selling a debt without a permissible purpose is a serious matter that infringes upon the rights and protections afforded to consumers. The relevant sections of the United States Code, such as 15 U.S.C. 1692c, 15 U.S.C. 1681b, and 15 U.S.C. 1681s2, provide the legal framework governing these violations. As a creditor, [ Companys Name ] must acknowledge its obligations, rectify the inaccurate information on my consumer report, and ensure such violations do not recur. Failure to act accordingly will result in legal consequences for your company. The Emergency Banking Act of 1933 and subsequent proclamations aimed to stabilize the banking system during the Great Depression, but they didn't eliminate money. Instead, they provided mechanisms for the government to regulate and control the flow of money. The concept that there is " no money '' often relates to arguments about the nature of currency and the gold standard. However, it's important to note that the U.S. has transitioned to a fiat currency system, where money is not directly backed by a physical commodity. Article I, Section 10 of the Constitution does state that no state shall make anything but gold and silver coin a tender in payment of debts. While there have been historical events, such as President Roosevelt 's Executive Order 6102 in 1933, which required U.S. citizens to turn in their gold coins, these actions were specific responses to economic challenges and a lack of money in the broader sense. After this period, the U.S. transitioned to a XXXX currency system, where money is not backed by a physical commodity like gold. So there can be no obligation on any debt. Consumer Reporting Agencies have assumed a vital role and have a responsibility to report Consumer information to the best of their ability with Maximum Accuracy. I contacted these credit bureaus to investigate remove the Inaccurate and improper account from my consumer report that they are illegally reporting and I requested specifically the alleged original application bearing my signature they have not been able to provide such proof to me. This is a violation of the Fair Credit Reporting Act, and this disputed item may not appear on my credit report if it can not be supported by any evidence or proof. 15 USC section 1692f, 15 usc 1681b, 15 usc 1681 section c. 15 u.s. code 1681 ( a ) states i have a right to privacy which i am govern under these laws. I the good faith creditor also exercises all of my right and i have not and has never given any debt collector acting as a creditor permission to furnish false information on my consumer report. Without Prejudice ignorance of the law is no excuse. Accounts Affected by the Crime Reservation of rights and without prejudice. 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors ( B ) Reporting information after notice and confirmation of error A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. Definitions 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. Duty- Prohibition- the act of prohibiting by authority, an order to restrain or stop, often capitalized a law or regulation forbidding something. Accurate- the honesty agreeing and practicing standards of due diligence. Financial statements are verified for correctness. Refer to precise. Inaccurate- means incorrect or misleading in any matter of fact. FDCPA SECTION 807 IRS PUBLICATION 4681 ( 2022 ) As defined by the IRS even if you didnt receive a form 1099 C you must report canceled debt as gross income on your tax return. As a technical term of the law. duty signifies a thing due ; that which is due from a person ; that which a person owes to another. A moral or legal obligation to do a thing. Such practices undermine the integrity of the debt collection process and contravene the provisions of FDCPA Section 807, which prohibits false, deceptive, or misleading representations. I demand that you cease all false or misleading representations immediately and provide me with evidence of compliance with FDCPA Section 807 requirements or delete this from my consumer file immediately. The IRS clearly defines a charge-off as this account inaccurate. Which in fact makes your reporting of gross or ORDINARY INCOME, INCOME DOES NOT GET REPORTED ON THE ( CONSUMER REPORT ). By definition the IRS clearly says a canceled debt or charge off is income. The reporting off this account as a debt is inaccurate according to the IRS PUBLICATION 4681. Also, if your debt is canceled and the lender must file Form 1099-C, the lender can include the information about the abandonment on that form instead of on Form 1099-A. Which proves all companies Ive listed in the report who reported a charge off to my consumer profile has violated and neglected my rights. Below is a remark that was left by an agent of Experian Information Solutions Inc . This is also evidence that a charge off is being furnished on my consumer report, which it clearly states in the IRS PUBLICATION that a write off is ordinary income that MUST BE REPORTED ( mandatory ) on a tax return. There The lender must file Form 1099-C and send you a copy if the amount of debt canceled is {$600.00} or more and the lender is a financial institution, credit union XXXX federal government agency, or other applicable entity, as discussed earlier in chapter 1 Under penalty and perjury i the secured party creditor never received a Notice from all debt collectors who had placed a charge off on my consumer report the lender, in fact the lender or any of its agents never sent me a copy of a 1099-C which is considered as a cancellation of debt that was filed as a write off on a tax return according to the IRS Publication.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MO
Zip: 641XX
Submitted Via: Web
Date Sent: 2023-12-31
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-31
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Subject : Notice to Principal is Notice to Agent and Notice to Agent is Notice to Principal - Legal Violations Regarding Consumer Profile I hope this NOTICE finds you well. I am writing to address a matter of utmost significance regarding the improper use of my consumer profile, leading to potential discrimination from other collection agencies based on inaccurate credit reporting. It is crucial that all companies listed here rectifies these issues promptly in accordance with applicable laws and regulations. The foundational principle, Notice to Principal is Notice to Agent and Notice to Agent is Notice to Principal, deeply embedded in legal doctrine, serves as the bedrock for addressing the violation at hand. Title 15, Section 1692c ( 15 U.S.C. 1692c ) of the United States Code establishes explicit limitations on communication in connection with debt collection. These limitations prohibit debt collectors from communicating about a consumers debt to third parties unless under specific circumstances, such as with the consumers consent or for the purpose of locating the consumer. In conjunction with these provisions, it is imperative to comprehend the concept of permissible purpose as defined in 15 U.S.C. 1681b. This section delineates the legitimate reasons for obtaining and using consumer reports, ensuring that creditors have a valid and authorized basis for accessing and utilizing a consumers credit information. Violating this principle arises when a creditor sells a debt without a permissible purpose, raising significant concerns about the legality of such actions. The violation extends beyond the boundaries of the Fair Debt Collection Practices Act ( FDCPA ). While the FDCPA primarily applies to third-party debt collectors, original creditors, such as [ Companys Name ], must also adhere to other applicable laws and regulations. The Truth in Lending Act ( TILA ), specifically TILA Violation 1026.9, mandates adequate notice of the sale of debt. The absence of such notice constitutes a violation of TILA, compounding the severity of the violation. False and misleading representations regarding the debt directly contravene Section 807 of the FDCPA. This provision explicitly prohibits debt collectors from using false, deceptive, or misleading representations in connection with the collection of any debt. Such practices undermine the rights and protections afforded to consumers under the FDCPA. Additionally, the responsibilities of furnishers of information to consumer reporting agencies, as outlined in 15 U.S.C. 1681s2, place all companies listed here in the category of a furnisher. The law expressly prohibits furnishing incorrect or inaccurate information. Specifically, 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) stipulates that continued reporting of proven inaccurate information constitutes a clear violation of the law. All companies listed here negligent and inaccurate reporting has caused severe harm, infringing upon my rights as governed by these laws. It is imperative that all companies listed here comprehends the gravity of its actions and the potential consequences. Ignorance of the law is not an excuse, especially when violating consumer rights. This communication serves as a final opportunity for all companies listed here to rectify this situation promptly. Failure to comply will result in legal action being taken against your company for violating my rights and displaying negligence in its practices. In conclusion, the violation of selling a debt without a permissible purpose is a serious matter that infringes upon the rights and protections afforded to consumers. The relevant sections of the United States Code, such as 15 U.S.C. 1692c, 15 U.S.C. 1681b, and 15 U.S.C. 1681s2, provide the legal framework governing these violations. As a creditor, [ Companys Name ] must acknowledge its obligations, rectify the inaccurate information on my consumer report, and ensure such violations do not recur. Failure to act accordingly will result in legal consequences for your company. The Emergency Banking Act of 1933 and subsequent proclamations aimed to stabilize the banking system during the Great Depression, but they didn't eliminate money. Instead, they provided mechanisms for the government to regulate and control the flow of money. The concept that there is " no money '' often relates to arguments about the nature of currency and the gold standard. However, it's important to note that the U.S. has transitioned to a XXXX currency system, where money is not directly backed by a physical commodity. Article I, Section 10 of the Constitution does state that no state shall make anything but gold and silver coin a tender in payment of debts. While there have been historical events, such as President Roosevelt 's Executive Order 6102 in 1933, which required U.S. citizens to turn in their gold coins, these actions were specific responses to economic challenges and a lack of money in the broader sense. After this period, the U.S. transitioned to a XXXX currency system, where money is not backed by a physical commodity like gold. So there can be no obligation on any debt. Consumer Reporting Agencies have assumed a vital role and have a responsibility to report Consumer information to the best of their ability with Maximum Accuracy. I contacted these credit bureaus to investigate remove the Inaccurate and improper account from my consumer report that they are illegally reporting and I requested specifically the alleged original application bearing my signature they have not been able to provide such proof to me. This is a violation of the Fair Credit Reporting Act, and this disputed item may not appear on my credit report if it can not be supported by any evidence or proof. 15 USC section 1692f, 15 USC 1681b, 15 USC 1681 section c. 15 U.S code 1681 ( a ) states I have a right to privacy which I am govern under these laws. I the good faith creditor also exercises all of my right and I have not and has never given any debt collector acting as a creditor permission to furnish false information on my consumer report. Without Prejudice ignorance of the law is no excuse. Accounts Affected by the Crime 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 paid off Balance {$7300.00} Balance updated XX/XX/XXXX Original balance {$21000.00} Student loans Total balance : {$37000.00} DEPT OF EDUCATION/XXXX Balance {$3100.00} Balance updated XX/XX/XXXX DEPT OF EDUCATIONXXXX Balance {$4000.00} Balance updated XX/XX/XXXXXXXX XXXX XXXX DEPT OF EDUCATIONXXXX Balance {$9800.00} Balance updated XX/XX/XXXX DEPT OF EDUCATION/XXXX Balance {$4000.00} Balance updated XX/XX/XXXXXXXX DEPT OF EDUCATION/XXXX Balance {$1100.00} Balance updated XX/XX/XXXX DEPT OF EDUCATIONXXXXXXXX Balance {$10000.00} Balance updated XX/XX/XXXXXXXX XXXX DEPT OF EDUCATION/XXXX Balance {$3700.00} Balance updated XX/XX/XXXX XXXXXXXX XXXX Balance {$1800.00} Balance updated XX/XX/XXXX Installment accounts Total balance : {$65000.00} XXXX XXXX Balance {$19000.00} Balance updated XX/XX/XXXX DEPT OF ED/XXXXXXXX Balance {$4000.00} Balance updated XX/XX/XXXX DEPT OF ED/XXXX Balance {$10000.00} Balance updated XX/XX/XXXX DEPT OF ED/XXXXXXXX Balance {$9800.00} Balance updated XX/XX/XXXX DEPT OF ED/XXXX Balance {$1100.00} Balance updated XX/XX/XXXX DEPT OF ED/XXXX Balance {$3100.00} Balance updated XX/XX/XXXX DEPT OF ED/XXXXXXXX Balance {$3700.00} Balance updated XX/XX/XXXX DEPT OF ED/XXXXXXXX Balance {$4000.00} Balance updated XX/XX/XXXX Installment accounts Total balance : {$65000.00} XXXX XXXX Balance {$19000.00} Balance updated XX/XX/XXXX DEPT OF ED/XXXXXXXX Balance {$4000.00} Balance updated XX/XX/XXXX DEPT OF ED/XXXX Balance {$10000.00} Balance updated XX/XX/XXXX DEPT OF ED/XXXX Balance {$9800.00} Balance updated XX/XX/XXXX DEPT OF ED/XXXX Balance {$1100.00} Balance updated XX/XX/XXXX DEPT OF ED/XXXX Balance {$3100.00} Balance updated XX/XX/XXXX DEPT OF ED/XXXX Balance {$3700.00} Balance updated XX/XX/XXXX DEPT OF ED/XXXX Balance {$4000.00} Balance updated XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Balance {$7300.00} Balance updated XX/XX/XXXXXXXX XXXX XXXX Balance {$0.00} Balance updated XX/XX/XXXX DEPT OF ED/XXXX LATE PAYMENT Balance {$0.00} Balance updated XX/XX/XXXX DEPT OF EDXXXX LATE PAYMENT Balance {$0.00} Balance updated XX/XX/XXXXXXXX XXXX DEPT OF EDXXXX LATE PAYMENT Balance {$0.00} Balance updated XX/XX/XXXX DEPT OF ED/XXXX LATE PAYMENT Balance {$0.00} Balance updated XX/XX/XXXXXXXX XXXX DEPT OF EDXXXX LATE PAYMENT Balance {$0.00} Balance updated XX/XX/XXXX DEPT OF EDXXXX LATE PAYMENT Balance {$0.00} Balance updated XX/XX/XXXX DEPT OF ED/XXXX LATE PAYMENT Balance {$0.00} Balance updated XX/XX/XXXXXXXX XXXX NY STATE HIGHER EDUC POTENTIALLY NEGATIVE Balance {$2100.00} Balance updated XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX. Balance {$0.00} Balance updated XX/XX/XXXX Installment accounts Total balance : {$63000.00} XXXX Balance {$19000.00} Balance updated XX/XX/XXXX DEPTEDXXXX Balance {$1100.00} Balance updated XX/XX/XXXX DEPTEDXXXX Balance {$9800.00} Balance updated XX/XX/XXXX DEPTEDXXXX Balance {$10000.00} Balance updated XX/XX/XXXX DEPTEDXXXX Balance {$4000.00} Balance updated XX/XX/XXXX DEPTEDXXXXXXXX Balance {$4000.00} Balance updated XX/XX/XXXX DEPTEDXXXXXXXX Balance {$3700.00} Balance updated XX/XX/XXXX DEPTEDXXXXXXXX Balance {$3100.00} Balance updated XX/XX/XXXXXXXX XXXX XXXX XXXX Balance {$7300.00} Balance updated XX/XX/XXXXXXXX XXXX XXXX DEPTEDXXXX LATE PAYMENT Balance {$0.00} Balance updated XX/XX/XXXX DEPTEDXXXX LATE PAYMENT Balance {$0.00} Balance updated XX/XX/XXXX DEPTEDXXXX LATE PAYMENT Balance {$0.00} Balance updated XX/XX/XXXX DEPTEDXXXX LATE PAYMENT Balance {$0.00} Balance updated XX/XX/XXXX DEPTEDXXXX LATE PAYMENT Balance {$0.00} Balance updated XX/XX/XXXXXXXX XXXX XXXX DEPTEDXXXX LATE PAYMENT Balance {$0.00} Balance updated XX/XX/XXXX DEPTEDXXXX LATE PAYMENT Balance {$0.00} Balance updated XX/XX/XXXXXXXX XXXX XXXX closed accounts Other accounts Total balance : {$1800.00} XXXX Balance {$1800.00} Balance updated XX/XX/XXXXXXXX XXXX XXXX XXXXXXXX has no collections on file for you as of XX/XX/XXXX. If you fall behind on payments, your lender or service provider may sell your debt to a collections agency, so remember to pay on time. XXXX These lenders have accessed your credit file : XXXX Inquiry date XX/XX/XXXX Removal date XX/XX/XXXX XXXX XXXX XXXX Inquiry date XX/XX/XXXX Removal date XX/XX/XXXX XXXXXXXX XXXX Inquiry date XX/XX/XXXX Removal date XX/XX/XXXX XXXXXXXX XXXX Inquiry date XX/XX/XXXX Removal date XXXX XXXXXXXX XXXXL Inquiry date XX/XX/XXXX Removal date XX/XX/XXXX XXXX Inquiry date XX/XX/XXXX Removal date XX/XX/XXXX XXXX XXXX Inquiry date XX/XX/XXXX Removal date XXXX XXXX XXXX XXXX Inquiry date Jun 6, XXXX Removal date XXXX XXXX 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors ( B ) Reporting information after notice and confirmation of error A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. Definitions 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. Duty- Prohibition- the act of prohibiting by authority, an order to restrain or stop, often capitalized a law or regulation forbidding something. Accurate- the honesty agreeing and practicing standards of due diligence. Financial statements are verified for correctness. Refer to precise. Inaccurate- means incorrect or misleading in any matter of fact. FDCPA SECTION 807 IRS PUBLICATION 4681 ( 2022 ) As defined by the IRS even if you didnt receive a form 1099 C you must report canceled debt as gross income on your tax return. As a technical term of the law. duty signifies a thing due ; that which is due from a person ; that which a person owes to another. A moral or legal obligation to do a thing. Such practices undermine the integrity of the debt collection process and contravene the provisions of FDCPA Section 807, which prohibits false, deceptive, or misleading representations. I demand that you cease all false or misleading representations immediately and provide me with evidence of compliance with FDCPA Section 807 requirements or delete this from my consumer file immediately. The IRS clearly defines a charge-off as this account inaccurate. Which in fact makes your reporting of gross or ORDINARY INCOME, INCOME DOES NOT GET REPORTED ON THE ( CONSUMER REPORT ). By definition the IRS clearly says a canceled debt or charge off is income. The reporting off this account as a debt is inaccurate according to the IRS PUBLICATION 4681. Also, if your debt is canceled and the lender must file Form 1099-C, the lender can include the information about the abandonment on that form instead of on Form 1099-A. Which proves all companies Ive listed in the report who reported a charge off to my consumer profile has violated and neglected my rights. Below is a remark that was left by an agent of Experian Information Solutions Inc . This is also evidence that a charge off is being furnished on my consumer report, which it clearly states in the IRS PUBLICATION that a write off is ordinary income that MUST BE REPORTED ( mandatory ) on a tax return. There The lender must file Form 1099-C and send you a copy if the amount of debt canceled is {$600.00} or more and the lender is a financial institution, credit union XXXX federal government agency, or other applicable entity, as discussed earlier in chapter 1 Under penalty and perjury i the secured party creditor never received a Notice from all debt collectors who had placed a charge off on my consumer report the lender, in fact the lender or any of its agents never sent me a copy of a 1099-C which is considered as a cancellation of debt that was filed as a write off on a tax return according to the IRS Publication. Reservation of rights and without prejudice.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 32514
Submitted Via: Web
Date Sent: 2023-12-31
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-31
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: My private information is being reported to and by the 'big 3 ' credit reporting agencies, XXXX XXXX XXXX XXXX and Experian, without a permissible purpose, without my consent and it infringes on my right to privacy. The specific accounts in question at this moment are the following : ( XXXX XXXX XXXX XXXX / account # XXXX ) & ( XXXX XXXX XXXX XXXX XXXX / account # XXXX ) I was never provided a 'Reasonable Opt-Out ' pursuant to 16 CFR 313.7 ( a ) ( 2 ) ( ii ). As a consumer of a financial institution, I have a right to privacy, and a continuing right to Opt-Out of the sharing, reporting and disclosure of my personal, private information and creditworthiness. I've previously mailed and faxed my own 'Opt-Out ' Notice to XXXX XXXX XXXX XXXX XXXX XXXX XXXX and also gave notice to XXXX XXXX XXXX XXXX XXXX as well via CFPB complaint numbers XXXX & XXXX, also reference 16 CFR 313.10. Take this complaint as my last exhaustive attempt to resolve this matter non-judicially. These accounts are being furnished and reported without my consent, infringing on my right to privacy, without a permissible purpose pursuant to 15 USC 1681b ( a ) ( 2 ), violative of the FCRA, the Privacy Act, my constitutional rights to privacy and it's a defamation of my character, reputation and creditworthiness, as well as inaccurate. YOUR COMPANY HAS BEEN FORMALLY NOTIFIED OF THE ABOVE AND REQUESTED TO REMOVE THE ABOVE DEFAMATORY ACCOUNTS. Please take note of the following referenced laws your company is responsible for following : 15 USC 1681b 15 USC 6802 15 USC 6805 15 USC 6821 15 USC 6823 15 USC 6827 16 CFR 313.7 16 CFR 313.10
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 75051
Submitted Via: Web
Date Sent: 2023-12-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-31
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: There is inaccuracy on the report the date it opened shows to different dates, also ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title. 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 ( 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 ; 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. 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 Experian 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 Experian do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, Experian, ( 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 Experian 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.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AZ
Zip: 85035
Submitted Via: Web
Date Sent: 2023-12-31
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-31
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: XXXX XXXX XXXX XXXX has been informed me that the account was reported in error and shall delete from my credit report.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33130
Submitted Via: Web
Date Sent: 2023-12-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-31
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Hello I'm reaching out today because it has come to my attention 2 educational student loan accounts are currently reporting on my consumer report that myself or my parents did not authorize or review before funds were released on my behalf. This is a direct violation of 20 USC 1232g ( b ) under the Family educational rights and privacy act because my parents were not allowed to review the private education records before deciding if they wanted the information to be released to the public. I'm requesting both these accounts be deleted immediately as this is fraud under 12 CFR 1022.3 since experian, XXXX and XXXX do not have authority to report these vital records.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: IL
Zip: 62226
Submitted Via: Web
Date Sent: 2023-12-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-31
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: There is a closed account on my credit report ( s ) that is still reporting late payments, and in addition to that, all of the credit reporting agencies are reporting inaccurate information in regards to XXXX XXXX XXXX. They all display different balances, open & Closing dates and payment history. XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, SD {$520.00} Balance Opened XX/XX/2017 2017
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: IL
Zip: 627XX
Submitted Via: Web
Date Sent: 2023-12-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A