| 05/12/2020 |
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- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Incorrect information on your report
- Information belongs to someone else
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As a public service, the staff of the Federal Trade Commission ( FTC ) has prepared the following complete text of the Fair Debt Collection Practices Act 1692-1692p.
Please note that the format of the text differs in minor ways from the U.S. Code and Wests U.S. Code Annotated. For example, this version uses FDCPA section numbers in the headings. In addition, the relevant U.S. Code citation is included with each section heading. Although the staff has made every effort to transcribe the statutory material accurately, this compendium is intended as a convenience for the public and not a substitute for the text in the U.S. Code.
Table of Contents 801. Short title 802. Congressional findings and declaration of purpose 803. Definitions 804. Acquisition of location information 805. Communication in connection with debt collection 806. Harassment or abuse 807. False or misleading representations 808. Unfair practices 809. Validation of debts 810. Multiple debts 811. Legal actions by debt collectors 812. Furnishing certain deceptive forms 813. Civil liability 814. Administrative enforcement 815. Reports to Congress by the Bureau ; views of other Federal agencies 816. Relation to State laws 817. Exemption for State regulation 818. Exception for certain bad check enforcement programs operated by private entities 819. Effective date 15 USC 1601 note 801. Short Title This subchapter may be cited as the " Fair Debt Collection Practices Act. '' 15 USC 1692 802. Congressional findings and declarations of purpose ( a ) Abusive practices There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.
( b ) Inadequacy of laws Existing laws and procedures for redressing these injuries are inadequate to protect consumers.
( c ) Available non-abusive collection methods Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts.
( d ) Interstate commerce Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce.
( e ) Purposes It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.
15 USC 1692a 803. Definitions As used in this subchapter -- ( 1 ) The term " Bureau '' means the Bureau of Consumer Financial Protection.
( 2 ) The term " communication '' means the conveying of information regarding a debt directly or indirectly to any person through any medium.
( 3 ) The term " consumer '' means any natural person obligated or allegedly obligated to pay any debt.
( 4 ) The term " creditor '' means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.
( 5 ) The term " debt '' means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.
( 6 ) The term " debt collector '' means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include -- ( A ) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor ; ( B ) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts ; ( C ) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties ; ( D ) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt ; ( E ) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors ; and ( F ) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity ( i ) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement ; ( ii ) concerns a debt which was originated by such person ; ( iii ) concerns a debt which was not in default at the time it was obtained by such person ; or ( iv ) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.
( 7 ) The term " location information '' means a consumer 's place of abode and his telephone number at such place, or his place of employment.
( 8 ) The term " State '' means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing.
15 USC 1692b 804. Acquisition of location information Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall -- ( 1 ) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer ; ( 2 ) not state that such consumer owes any debt ; ( 3 ) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information ; ( 4 ) not communicate by post card ; ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt ; and ( 6 ) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney 's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector.
15 USC 1692c 805. Communication in connection with debt collection ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt -- ( 1 ) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antemeridian and before 9 o'clock postmeridian, local time at the consumer 's location ; ( 2 ) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney 's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer ; or ( 3 ) at the consumer 's place of employment if the debt collector knows or has reason to know that the consumer 's employer prohibits the consumer from receiving such communication.
( b ) Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- ( 1 ) to advise the consumer that the debt collector 's further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor ; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
If such notice from the consumer is made by mail, notification shall be complete upon receipt.
( d ) Consumer defined For the purpose of this section, the term " consumer '' includes the consumer 's spouse, parent ( if the consumer is a minor ), guardian, executor, or administrator.
15 USC 1692d 806. Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.
( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.
( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a ( f ) or 1681b ( 3 ) 1 of this title.
( 4 ) The advertisement for sale of any debt to coerce payment of the debt.
( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller 's identity.
15 USC 1692e 807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.
( 2 ) The false representation of -- ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.
( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.
( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter.
( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.
( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.
( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value.
( 13 ) The false representation or implication that documents are legal process.
( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization.
( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer.
( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title.
15 USC 1692f 808. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector 's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.
( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.
( 4 ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.
( 5 ) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.
( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if -- ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement.
( 7 ) Communicating with a consumer regarding a debt by post card.
( 8 ) Using any language or symbol, other than the debt collector 's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.
15 USC 1692g 809. Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor.
( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ).
( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section.
15 USC 1692h 810. Multiple debts If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer 's directions.
15 USC 1692i 811. Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall -- ( 1 ) in the case of an action to enforce an interest in real property securing the consumer 's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity -- ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action.
( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors.
15 USC 1692j 812. Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.
( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter.
15 USC 1692k 813. Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of -- ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney 's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney 's fees reasonable in relation to the work expended and costs.
( b ) Factors considered by court In determining the amount of liability in any action under subsection ( a ) of this section, the court shall consider, among other relevant factors -- ( 1 ) in any individual action under subsection ( a ) ( 2 ) ( A ) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional ; or ( 2 ) in any class action under subsection ( a ) ( 2 ) ( B ) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector 's noncompliance was intentional.
( c ) Intent A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.
( d ) Jurisdiction An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.
( e ) Advisory opinions of Bureau No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Bureau, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
15 USC 1692l 814. Administrative enforcement ( a ) Federal Trade Commission The Federal Trade Commission shall be authorized to enforce compliance with this subchapter, except to the extent that enforcement of the requirements imposed under this subchapter is specifically committed to another Government agency under any of paragraphs ( 1 ) through ( 5 ) of subsection ( b ), subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ]. For purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ), a violation of this subchapter shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Federal Trade Commission to enforce compliance by any person with this subchapter, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests under the Federal Trade Commission Act, including the power to enforce the provisions of this subchapter, in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule.
( b ) Applicable provisions of law Subject to subtitle B of the Consumer Financial Protection Act of 2010, compliance with any requirements imposed under this subchapter shall be enforced under -- ( 1 ) section 8 of the Federal Deposit Insurance Act [ 12 U.S.C. 1818 ], by the appropriate Federal banking agency, as defined in section 3 ( q ) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ( q ) ), with respect to -- ( A ) national banks, Federal savings associations, and Federal branches and Federal agencies of foreign banks ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ] ; and ( C ) banks and State savings associations insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), and insured State branches of foreign banks ; ( 2 ) the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Administrator of the National Credit Union Administration with respect to any Federal credit union ; ( 3 ) subtitle IV of title 49, by the Secretary of Transportation, with respect to all carriers subject to the jurisdiction of the Surface Transportation Board ; ( 4 ) part A of subtitle VII of title 49, by the Secretary of Transportation with respect to any air carrier or any foreign air carrier subject to that part ; ( 5 ) the Packers and Stockyards Act, 1921 [ 7 U.S.C. 181 et seq. ] ( except as provided in section 406 of that Act [ 7 U.S.C. 226, 227 ] ), by the Secretary of Agriculture with respect to any activities subject to that Act ; and ( 6 ) subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau, with respect to any person subject to this subchapter. The terms used in paragraph ( 1 ) that are not defined in this subchapter or otherwise defined in section 3 ( s ) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ( s ) ) shall have the meaning given to them in section 1 ( b ) of the International Banking Act of 1978 ( 12 U.S.C. 3101 ).
( c ) Agency powers For the purpose of the exercise by any agency referred to in subsection ( b ) of this section of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this subchapter shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection ( b ) of this section, each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this subchapter any other authority conferred on it by law, except as provided in subsection ( d ) of this section.
( d ) Rules and regulations Except as provided in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ], the Bureau may prescribe rules with respect to the collection of debts by debt collectors, as defined in this subchapter.
15 USC 1692m 815. Reports to Congress by the Bureau ; views of other Federal agencies ( a ) Not later than one year after the effective date of this subchapter and at one-year intervals thereafter, the Bureau shall make reports to the Congress concerning the administration of its functions under this subchapter, including such recommendations as the Bureau deems necessary or appropriate. In addition, each report of the Bureau shall include its assessment of the extent to which compliance with this subchapter is being achieved and a summary of the enforcement actions taken by the Bureau under section 1692l of this title.
( b ) In the exercise of its functions under this subchapter, the Bureau may obtain upon request the views of any other Federal agency which exercises enforcement functions under section 1692l of this title.
15 USC 1692n 816. Relation to State laws This subchapter does not annul, alter, or affect, or exempt any person subject to the provisions of this subchapter from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this subchapter if the protection such law affords any consumer is greater than the protection provided by this subchapter.
15 USC 1692o 817. Exemption for State regulation The Bureau shall by regulation exempt from the requirements of this subchapter any clas
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| 02/06/2022 |
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- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Problem with a credit reporting company's investigation into an existing problem
- Their investigation did not fix an error on your report
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Web |
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I have filed a complaint with all 3 reports and I provided proof that XXXX XXXX XXXX shouldn't be on my report at all as the vehicle I purchased was a fraudulent loan. I provided proof that I was denied the loan at a lower rate and lower price and then the dealership illegally provided 2 additional contracts each were done 2 weeks apart and 2 weeks apart from the one I was denied but then the loan company accepted the 3rd contract that was for a higher amount higher percentage and the dealership also asked me for an additional $500 down from the original $1000 down and when I provided it they didn't put it into the down payment and told me "it was put into the back end of the loan" at which point I refused to sign that 3rd contract that was already illegal because they cannot issue more than 1 contract unless it's all done on the same date and not on additional dates done later which is what was done & I provided the proof to the 3 reporting agencies as well as proof that the loan company didn't even follow the paperwork that showed the dealership responsible to pay my 1st 2 payments that they signed on an I.O.U. document they had with my contract but then the loan company reported them as missing payments and reported them as being behind in payments. I was also made and forced to sign the contract when I requested my money back from the dealership immediately upon giving me the 3rd contract which was done 6weeks after the 1st contract I signed that was denied by the loan company stating I didn't have the credit to afford the 1st contract but then they approved the 3rd that illegally didn't show my additional $500 I put down and so the dealership paid off an undercover metro police officer to scare me into signing it by putting me in handcuffs and threatening me with being charged with theft as if I had stolen the vehicle since I had the vehicle since the 1st contract 6weeks earlier (I was told that the loan company was also aware of what was being done to me and I called them the day after I signed it under duress after they did that to me at the dealership and requested my down payment & wanted the vehicle turned back in within my recession period after signing in the day before and they refused and told me the down payment was staying at $1000 even though I paid $1500 which was the reason they said I was denied the 2nd contract cuz they needed more down but then they did this to me). So when they denied me trying to stop this plus I didn't know how I could even be approved for the amount even I was on such a low fixed income and only wanted to spend less than $8000 on a car and they denied my 1st contract 6weeks earlier at a lower amount but now we're approving over $17k when I wasn't approved the 1st one at over $15k? The results were from not having a good debt to income with a whole slew of other problems they said I wasn't approved. So my only opportunity to make this right was to file a complaint with the DMV where I shared how they lied about my down payment, had me sign 3 different contracts all 6 weeks apart and I had proof and shared it and told them of signing it due to being put in handcuffs cuz they paid off an off duty cop that they told me about after I signed it because it cost them an additional $500 to pay off the cop so they were asses and told me that my $500 extra went to hiring the off duty cop. I also had a friend at the time that went thru them and her problem was that she didn't have money for a down payment so they told her lie and say that she paid a $2k down payment when she didn't pay anything for a down payment. She also gave her information to the DMV when they did their investigation. The DMV also went under cover and had their team go into the dealership with both scenarios in mind and represented both situations with their investigators and the dealership was in violations of the law and again proved my accusations to be true and substantiated. The DMV immediately revoked the dealerships business licenses and all owners and anyone associated with running the dealership was given lifetime revoked licensing that they will not issue licenses to any of these individuals or business entities any licenses for the state of Nevada at all ever. I was provided with a letter stating this and that my coerced signature of my contract with the dealership should be accepted as a void of my contract with my down payment returned to me and they said that if it is not then I should volunteerily return the vehicle to the loan company and request my monies be returned and that my credit report is not negatively effected by any of this. They said that the loan company is as liable as the dealership because they are responsible for doing business with reputable dealerships that are working within the law and that if they are working with companies that are not within the law and that they are under the understanding that they work with companies that use the same values and work under the same laws that they do and they work with them knowing these dealerships represent them when they work with them therefore when these dealerships work outside the law and illegally use deception in order to be rewarded a contract that they wouldn't normally be rewarded had they worked within the parameters of the law and were honest with the customer in obtaining their business and doing business with them, the loan company understands that they do business with these companies acknowledging that these businesses are a direct representation of their loan company as the customer doesn't pick out the loan company themselves that will be used to provide them with a loan for their purchase so that anything the dealership does outside of the law is in direct alignment to them and they know that they are equally as responsible as the dealership because they stand up for the businesses that they choose to do business with and that means also taking on all of the dealerships illegal activities as well. Not only is that the case but I made them aware of what happened the following day and let them know that the dealership and off duty cop also stated that the loan company was aware of what was going on and was 100% not only approved of by the loan company but also requested and of course the loan company denied it. I also sent them parts of the contract that they claimed they didn't receive and therefore wouldn't give me the credit on the 1st 2 payments that show that the dealership owners signed off and agreed to and they said that they wouldn't allow me to rescind my contract signature the following day and wouldn't provide me with my down payment in full back and this is after I explained everything that went on the day before and how the dealership actually was able to get my signature on those documents and that it was under duress. So even with all of that info they refused to allow me out of the contract. They were also sent the letter from the DMV regarding the dealership and the investigation that went into revoking all licensing of the dealership and shutting the business down based on them running illegal business practices that were Substantiated by multiple illegal contracts provided to the DMV providing the proof to start the investigation and then under investigation working with undercover agents of the DMV, the dealership was standardly practicing the illegal actions that were reported by customers that had been responsible to pay illegal contracts obtained by the dealership. So the DMV let me know that the loan company knowing that this investigation went through and the dealership was revoked all licensing and future licensing in the state of Nevada, that it was my complaint that started the investigation and was proven to be obtained using illegal business practices and actually used deception in order to be awarded my contract that it would not have been awarded had they used standard business practices and were honest in their practices with me, that they would not have been awarded my contract and that the loan companies are well aware that they are as responsible as the dealership because they choose to do business with the dealership and that they do so with the understanding that they are doing business within the parameters of the law and that they represent the loan company fully as the loan company is given to the client by the dealership when they choose to do business with that loan company for that contract and the customer only has the dealership to provide them with any and all information on the loan company that the dealership chooses to use to get them a loan therefore anything they do illegally is also directly attached to the loan company that they choose because the loan company does business with the dealership opening representing that the dealership is in direct alignment with the values of the loan company and accepts that whatever representation the dealership has with the customer also correlates to the loan company that does business with them and that the loan company is well aware of this and should have no problem now with allowing you to turn the vehicle in volunteerily and providing you back with your down payment at the very least and most likely will also provide you with the money that you had already paid to them for the loan because you requested that the loan be voided the day after it was signed and even though you provided all of the information to them they still denied it knowing that the customer was letting them know of business practices the dealership was providing on their behalf that were not in the parameters of the law and you also provided them with the friend that was actually denied a loan with them because when they called to confirm the down payment she had told them that she didn't provide a down payment when she was supposed to lie and state $2k so the dealership had to go with a different loan company with her and tell her lie to the next loan company or else she wouldn't get the loan so she did and got it. When they called to confirm my down payment it was the 2nd contract that they actually denied and stated they needed a greater down payment in order to approve me to the dealership so the dealership told me this and had me come in 4 weeks aftwr the first contract denied, 2 weeks after the 2nd contract was denied and needed me to provide them with an additional $500 in order to approve the contract so when I came in with it and they rewrote my contract it didn't show a change in the down payment so I refused to sign it and asked for my money back. They told me that I had to sign it. I told them no because I didn't want the car for the sales price they now had and then didn't even add the additional $500 I just provided them with and they used that it was in the back of the loan when I was working before this In timeshare and I was well aware of how contracts were written and I was an accountant so there is nothing they can say in order for me to change my mind so I wanted my money back that I put down - the entire $1500 I provided to them. They told me I needed to give them the vehicle and that they may or may not give me back $1000 of the $1500 I provided based on the fact that there's nothing anywhere that shows that I even brought in the $500 from today so did I really want to blow up this deal and be without a vehicle and not be able to get another vehicle for who knows how long since they wouldn't be giving me all my money back and would only be giving me $1000 back if I did give the car back and that they were going to have a problem with my paperwork and it was going to take approximately 3 months before even giving me back the $1000 so wouldn't it be a hell of a lot easier on me to just sign the contract for the car. I said no and that I want my $1500 in full returned to me immediately, I wasn't signing their contract and I would return the vehicle back when they have my money to me. I left and told them to call me when they have my $1500 and I would return the vehicle at the same time. I left the dealership and called the loan officer to let them know what was going on. They told me if I didn't want to sign the contract that the dealership was responsible for returning my down payment and if there is a discrepancy in how much that down payment is then that's between myself and the dealership and that the 3rd contract is approved by the loan agency and I asked how that could be when the dealership said that the 2nd wasn't approved because the loan company needed to see that I had more money available first with an additional amount of money as a down payment so they said $500 additional was good enough and that it would be approved but here they approved it without an additional amount as the down payment like I was told I needed to provide so I did but then it didn't show in the down payment but the 3rd contract showed all different amounts then the previous 2 contracts over the last 4 weeks but this is approved? My 1st contract was denied by them and the income to debt ratio was used, also the amount of collections, adverse credit on my report and it was that I didn't make enough money being on social Security on a low fixed income to be able to pay such a high payment based on the price of the vehicle and my social Security was about to be reduced by $1000 per month because my child was turning 18 and I told the loan company that I wanted a loan for a vehicle that was at most $8k and now this loan was over double that and I had another 1-2months before my income was going to be reduced by 1/3rd of what I get. How was it even possible that they were approving the 3rd contract that I was yet to even sign? The loan officer was flustered and told me that I had already had the vehicle for over 4weeks now and I needed to sign the new contract provided or else the dealership needed the vehicle back. I told her that that is exactly what I want but I want my down payment at the same time so that I can go get a loan that's half the cost of this loan that I can't afford but in order to do that, I need my down payment. They told me the down payment shows as $1000 and they can only go by what the dealership has in the documents and the dealership is stating that the down payment is what it shows and we don't have any reason to believe it's any different from what they are stating and that they can hold your down payment from you for 90days if that's what the dealership wants to do and they stand by the dealership. I told her they need to let me know when my full down payment is ready to be returned to me and I will turn in their vehicle to them by going there and they can give it to me at the dealership and providing me with a way back home after that or they can pick it up from me at my address when they give me back my full down payment. The dealership called me 2 days later and told me to come down and they had my down payment of $1500 for me and if I can bring the vehicle that they would give me the full down payment and drive me home. I showed up to the dealership and when I got out there was a black Escalade directly behind me and he put his lights on, walked out in plain clothes and told me he was a metro Police officer and I was being arrested for stealing this car that I drove in that I have had for 6weeks without signing a contract and that if it isn't signed today then he's taking me to jail where I will be for a very long time. He told me he was contacted by the dealership and they let him know that the loan company was also going to press charges if I don't sign documents today. I told him I've only had it for 6wks because they tell me a contract is good and the loan company approved only to find out 2 weeks later when thry tell me to come in for my pink slip that I have to sign new contracts because the last wasn't approved and they did that to me 3 times now and the last time they asked me to bring in more money, I brought in $500 that they took and then gave me new documents to sign and then I saw that the extra $500 I gave them that they had not put into the down payment so at that point I wasnt signing a fraudulent contract and I asked for all of my money back and they could have the car where they threatened me and said they wouldn't give me all of it back and the 2/3rds they would give back would at least be 3months at the earliest they would give it back so that I wouldn't have any opportunity to buy another car used or new from private seller or dealership so I would be without a vehicle for at the very least 3 months and I would be out $500 even then when Im on a low fixed income to begin with so I told them they would get the vehicle back when I get my money I put down for it in full back. The officer said that's something I can tell a judge but he was here to arrest me if he didn't see a signature on the contract. I told him I would sign it under duress and I said that in front of all the ppl working at the dealership and I said that there is at least a 3 day recission period where I can say I don't want this vehicle I want my money back and they have to do it, it's my right to have a change of heart within 3 days and so I will sign this under duress and I'm calling the loan company in the morning to tell them what happened and that I'm not doing this and my money needs to be returned immediately. So in the morning I called the loan officer assigned that I had been speaking to and let them know everything and I said I do not want this vehicle, I didn't want to from the beginning cuz I couldn't afford it then and didn't want it but I was given this and that and told things to talk me into it but then I was denied by the loan company and so relieved when I got the notice in the mail so that I could return it and so when I went back in to return it I was told that the contract was already changed and approved by the loan company and I already had it for 2 weeks so I couldn't get out of it now and I was lied and deceived throughout so that I would feel like I had no no choice but to accept the lies they were telling me. Well so at that point I thought I was screwed until they asked me for more money and that's when I started looking into things and what my rights were. So by the time all of this had come down I had read every word of every page of each contract and read up all about the legalities in purchasing a vehicle and who is responsible for what and also asked questions online because I felt like I was deceived so that they could get me to pay for a car I couldn't afford and wouldn't have even paid for or ever even done had they not made me feel as if I had no choice and pressured me into it and then when I decided while contracts were denied and no new contract that could be approved was even signed that I wasn't going to buy this vehicle that I couldn't afford and I had every right to get my money back and not accept this vehicle I didn't have enough money to buy and the loan company didn't think so either which is why they denied me for all the reasons I only wanted a car that was less than $8k to begin with cuz I knew I couldn't and wouldn't be able to afford the payments on it. But when I called to tell the loan company what happened and how I signed under duress and that I was told that they were also named by the police officer stating that he was told that the loan company was also going to press charges and of course the loan company said that they had nothing to do with that and that the loan had already been processed and there wasn't anything like a 3 day recission available or legal and although I know that to be the case for timeshare it isn't something they do in the car industry and unfortunately I was responsible for the loan and couldn't turn it back in and get my down payment back and if I didn't want the vehicle and my down payment was wrong I shouldn't have signed the contract. So I had to go to pick up my pink slip at the dealership and that's when they apologized for all of the problems and said they were sorry but they had to do what was necessary to get the deal done and that my extra $500 ended up having to go pay to get that off duty cop to scare me but it was for the good of all because it finally got done. I told them everything they did was against the law and I would make sure they paid for it. They told me they knew ppl in high places and that the law was on their side regardless of how much they decided they needed to stretch it so to just remember that when I go against them that the consequences of my actions may land me in a jail even if I'm right, no one will ever believe me or find out any different because they were able to get it done when I told them I wanted my money back and didn't want to sign docs and I was forced to do it and had no proof to the contrary (because they had no idea that I saved my illegal contracts that they did and lied and told them I threw them away when they asked for them so maybe no one would've believed me against them and the lying loan company as well but I had those docs and the denial of credit and adverse action the loan company sent and my friend even though they told her not to say a word about having to lie about her $2k down payment on her contract that she didn't provide to them - she told me so that I could use her statement to go to the DMV and file a complaint even if it got her in trouble for it because she saw the hell I went through and how much I didn't want the vehicle and wanted my money back but they weren't allowing me to do it and made me go through with a contract I didn't want and couldn't afford. So I went to the DMV and they did the investigation and said that the loan company was as responsible as they were and that they knew what happened to the dealership and it looks bad for them because they do business with them that shows ppl that they condone illegal practices from the ppl they do business with and it shows that they also may allow these illegal practices to occur in order to get their contracts signed and that by all of this happening and it being your contract that was determined the dealership used illegal business and sales tactics in order to be awarded the contract that the loan company would not want to have an association to that and that I should be able to volunteerily return the vehicle and get my full down payment back and probably all the payments I did end up forcibly paying until I could no longer do it because I couldn't afford it. If they won't do it by speaking to them and also letting them know you spoke to the DMV and they stated that they are just as liable for the fraud and deception used in my contract even by just doing business with the dealership and they know this due to being in business in this industry and accepting to do business with dealerships and what your liability is and involvement in the kind of company they are and values they represent. He told me that if I have to then I can file a lawsuit against them but would have to do a small claims court but then when I volunteerily turned in my vehicle and told them why for which they actually picked it up as a non payment repossession instead of the voluntary repossession I requested based on my entire history and all the documents I had proving the contract was illegal based on the illegal contracts I have, the documents signed that they wouldnt actually go by those documents and actually put me down for 2 missing payments when it shows in my documents that they actually accepted that the I.O.U. from the dealership owes me the first 2 payments to be paid but it also has the 2nd contracts dates and they moved it over to the 3rd but I'm sure the loan company wants to claim ignorance by saying they didn't know about the illegal practices that were committed so if they then show 2 different dates on contract docs then it shows they were a part of the illegal practices from the start but it also shows that based on my 1st contract being denied and the date of the adverse letere they sent to my home denying my contract approval based on not being able to afford it or having the kind of credit that's able to afford the loan I was getting and I agreed but then they approved the 3rd contract that had the highest price tag with the most interest when I was only a few months away from a reduction of my pay by 1/3rd yet they still approved it and they approved it after denying 2 other contracts with the 1st being 6wks prior and 2nd being 2weeks prior and all for the same dealership same customer same information and all were for different dates which is completely illegal but they knew all of that yet still did it and even when even greater illegal practices and inmorale practices that should never be done to any customer forcing them to take on an expense they knowingly can't afford and didn't want and only wanted the money that she gave for a down payment returned immediately in order to not have to go without a car to take her kid to school and her husband to find work, they used that against her and did the most heinous things in order to force her to do a contract she didn't want and couldn't afford that actually made her homeless sleeping in the car that she had voluntarily repossessed knowing that by doing so that she would putting her husband her dog and herself out to the street and having her kid move in with a friend and have to drop out of college in order to try to correct the illegal and fraudulent acts that were forced upon her in order to make her by something she didn't want and couldn't afford so I knowingly called to come pick up the vehicle so I could then file a complaint with the attorney general or file it online with credit reporting or what not in order to get it off her reports and possibly get her down payment back and maybe get her other payments back but even I highly doubted I would get any money back and filing small claims wouldn't work because the vehicle was for $17k and they lied about how much they got for the car and how much all the fees and everything else costs because they say that the brand new car that I voluntarily had repossessed because the entire deal shouldve been reversed based on the truth of what happened and the investigation that the DMV did using my complaint and having the investigation result in revoking all licenses and not allowing any licenses to ever be available to the ppl involved in that dealership and DMV found my complaint to be accurate and true and it was a letter stating that my contract was fraudulent and was awarded based on deception and shouldn't have ever gone thru and I shouldve been able to get my money back and not have it affect my credit negatively and that if the DMV had the legal right to award my money back and give back the vehicle and either post to my credit reports that it was paid in full and no history of negative or adverse credit with that account and only showing good credit history with that loan or have it completely removed off all my credit reports resulting in no negative credit reporting at all for all 3 credit reports for this loan and that all the money that I paid for this vehicle including my full $1500 down payment and not the $1000 the dealership lied about returning all in full - they would gladly and rightfully make all of this happen for me after the misjustice done to me with this loan and all that I was put thru when this shouldve never happened to me but unfortunately even though they can investigate and find the evidence that I was absolutely correct in everything I have said about all the illegal practices that were committed by the dealership that the loan company is also responsible for based on the relationship that they have with the dealerships that they stand behind when they decided to do business with them - if the DMV could award me everything and all of my money back and even award monies back for all that I went thru as fees for all of the illegal practices against me, they said they would gladly do so but unfortunately the only thing I could do is voluntarily repossess based on the evidence of all the illegal practices that their investigation proved to be true all from my complaint on my contract and hopefully I could file against the dealership and loan company in small claims court and that the credit agencies would take it all off my credit reports and I would be awarded all of my monies back that I had paid into the vehicle but they do not have the authority to provide me with monies from these companies for their wrong doing but the dealership was fined heavily on behalf of the DMV and the investigation is at DMV and any agency or law agency can get all the information from the investigation and my original complaint or even just what they were charged with and their licenses being revoked and never able to be restored and how the loan company is looked upon in the industry as far as their involvement or responsibility when the DMV has wrongdoing, fraudulent actions, and using deception in order to be awarded sales that they normally wouldn't get and the loan company knowingly approving a contract that has already had 2 others denied all weeks apart for the same vehicle same customer when that is completely illegal and denying the those contracts based on debt to income and not having the money necessary to fund and pay those contracts but then being able to pay a larger contract with more interest after denying 2 others that the customer maintains they didn't want and told the loan company prior to signing the contract under duress that was all proved to be true in the investigation. I will send the documents to you after sending them to all of. The credit agencies and even though I sent them proving the loan company is lying - they still keep it on my credit reports and they can go to the DMV and get the investigation and letter to me that's all on file for the dealership shown in my records and anyone can see that they are lying. I can't get all of that info - I don't think but I was told that you can. Also was told the industry knows that the loan company is as responsible because they did business with the dealership and that's enough to be just as liable. Also I voluntarily had this repossessed so that I could do something about it especially after not even following the contract they approved that had the dealership paying my 1st 2 payments which made me always in default right from the start so that no matter what it would be repossessed anyway after everything they already did wrong to me and so I told the loan person I was assigned to that they need to come pick it up so that I can start to try and fight all of this and although I didn't think I was ever gonna see a dime back from all of this wrong doing to me, the least I could do is contact my credit report agencies and provide all of the proof that I have including the fact that I have a witness to all of this happening and that's my husband along with an acquaintance that I used to know that also was a part of the DMV investigation and was aware of what they were doing to me and what they did to her, she's also a witness and as is the investigator and person I spoke to about my complaint to them.
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| 12/13/2022 |
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- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Improper use of your report
- Reporting company used your report improperly
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Here are a list of all items in which are in violation of my federally protected consumer rights.
1. Address/ XXXX XXXX XXXX XXXX XXXX XXXX XXXX NY XXXX, Note this is a non-mailable
address.
2. Address/ XXXX XXXX XXXX XXXX XXXX XXXX, Nc XXXX Note This is a non-mailable
address.
3. Address/ XXXX XXXX XXXX XXXX, Pa Note This is a non-mailable address
Here are the list of all Accounts in which are in violation of my federally protected consumer
rights.
1. XXXX XXXX XXXX XXXX XXXX XXXX NOTE DATE ARE
INCORRECT FOR ALL 3 CREDIT BUREAUS AND THERE ARE THREE DIFFENT ACCOUNT
NUMBERS AND A VIALOTION OF THE EDUCATIONAL PRIVACY ACT OF 1974- 15 USC 6802 B1. THESE ACCOUNTS ARE TO BE REMOVED
2. XXXX XXXX XXXX NOTE SHOULD BE LISTED AS
PAID AS AGREED THERE WAS NEVER ANY LATE PAY AND THIS IS A VIOLATION
OF 15 USC 6802 B-1 IT IS ALSO UNLAWFUL TO REPORT TRANSACTION HISTORY
3. INQUIRIES ALL HARD AND SOFT INQUIRIES SHOULD BE REMOVE ASAP. THESE INQUIRIES
ARE IN VIOLATION OF 15 USC 1681- 15 USC6803 B - 16 CFR PART 313.1-7
12/12/2020
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Consumer Financial Protection Bureau
PO Box 27170. Washington, DC 20038
Violations of XXXX XXXX XXXX Federal Protected consumer Rights
The violator of XXXX XXXX Page Federal Protected Consumer Right is XXXX Equifax
and XXXX. Here are the rights and codes in which where violated listed below.
15 U.S. Code 6803 -
Disclosure of institution
privacy policy
(a)DISCLOSURE REQUIREDAt the time of establishing a customer relationship with
a consumer and not less than annually during the continuation of such relationship,
a financial institution shall provide a clear and conspicuous disclosure to such consumer, in
writing or in electronic form or other form permitted by the regulations prescribed
under section 6804 of this title, of such financial institutions policies and practices with
respect to
(1)
disclosing nonpublic personal information to affiliates and nonaffiliated third parties,
consistent with section 6802 of this title, including the categories of information that may
be disclosed;
(2)
disclosing nonpublic personal information of persons who have ceased to be customers of
the financial institution; and
(3)
protecting the nonpublic personal information of consumers.
(b)REGULATIONS
Disclosures required by subsection (a) shall be made in accordance with the regulations
prescribed under section 6804 of this title.
(c)INFORMATION TO BE INCLUDEDThe disclosure required by subsection (a) shall include
(1)the policies and practices of the institution with respect to disclosing nonpublic
personal information to nonaffiliated third parties, other than agents of the institution,
consistent with section 6802 of this title, and including
[Type the company name]
2
(A)
the categories of persons to whom the information is or may be disclosed, other than the
persons to whom the information may be provided pursuant to section 6802(e) of this
title; and
(B)
the policies and practices of the institution with respect to disclosing of nonpublic personal
information of persons who have ceased to be customers of the financial institution;
(2)
the categories of nonpublic personal information that are collected by the financial
institution;
(3)
the policies that the institution maintains to protect the confidentiality and security
of nonpublic personal information in accordance with section 6801 of this title; and
(4)
the disclosures required, if any, under section 1681a(d)(2)(A)(iii) of this title.
(d)EXEMPTION FOR CERTIFIED PUBLIC ACCOUNTANTS
(1)IN GENERALThe disclosure requirements of subsection (a) do not apply to any person,
to the extent that the person is
(A)
a certified public accountant;
(B)
certified or licensed for such purpose by a State; and
(C)
subject to any provision of law, rule, or regulation issued by a legislative or regulatory
body of the State, including rules of professional conduct or ethics, that prohibits
disclosure of nonpublic personal information without the knowing and expressed consent
of the consumer.
(2)LIMITATION
Nothing in this subsection shall be construed to exempt or otherwise exclude any financial
institution that is affiliated or becomes affiliated with a certified public accountant
described in paragraph (1) from any provision of this section.
15 U.S. Code 1681b - Permissible purposes of consumer reports
(a)IN GENERALSubject to subsection (c), any consumer reporting agency may furnish
a consumer report under the following circumstances and no other:
(1)
In response to the order of a court having jurisdiction to issue such an order, a subpoena
issued in connection with proceedings before a Federal grand jury, or a subpoena issued in
accordance with section 5318 of title 31 or section 3486 of title 18.
(2)
In accordance with the written instructions of the consumer to whom it relates.
(3)To a person which it has reason to believe
(A)
intends to use the information in connection with a credit transaction involving
the consumer on whom the information is to be furnished and involving the extension
of credit to, or review or collection of an account of, the consumer; or
(B)
intends to use the information for employment purposes; or
3
(C)
intends to use the information in connection with the underwriting of insurance involving
the consumer; or
(D)
intends to use the information in connection with a determination of the consumers
eligibility for a license or other benefit granted by a governmental instrumentality required
by law to consider an applicants financial responsibility or status; or
(E)
intends to use the information, as a potential investor or servicer, or current insurer, in
connection with a valuation of, or an assessment of the credit or prepayment risks
associated with, an existing credit obligation; or
(F)otherwise has a legitimate business need for the information
(i)
in connection with a business transaction that is initiated by the consumer; or
(ii)
to review an account to determine whether the consumer continues to meet the terms of
the account.
(G)
executive departments and agencies in connection with the issuance of governmentsponsored individually-billed travel charge cards.
(4)In response to a request by the head of a State or local child support enforcement
agency (or a State or local government official authorized by the head of such an agency),
if the person making the request certifies to the consumer reporting agency that
(A)
the consumer report is needed for the purpose of establishing an individuals capacity to
make child support payments, determining the appropriate level of such payments, or
enforcing a child support order, award, agreement, or judgment;
(B)
the parentage of the consumer for the child to which the obligation relates has been
established or acknowledged by the consumer in accordance with State laws under which
the obligation arises (if required by those laws); and
(C)
the consumer report will be kept confidential, will be used solely for a purpose described in
subparagraph (A), and will not be used in connection with any other civil, administrative,
or criminal proceeding, or for any other purpose.
(5)
To an agency administering a State plan under section 654 of title 42 for use to set an
initial or modified child support award.
(6)
To the Federal Deposit Insurance Corporation or the National Credit Union
Administration as part of its preparation for its appointment or as part of its exercise of
powers, as conservator, receiver, or liquidating agent for an insured depository institution
or insured credit union under the Federal Deposit Insurance Act [12 U.S.C. 1811 et seq.]
or the Federal Credit Union Act [12 U.S.C. 1751 et seq.], or other applicable Federal
or State law, or in connection with the resolution or liquidation of a failed or failing insured
depository institution or insured credit union, as applicable.
(b)CONDITIONS FOR FURNISHING AND USING CONSUMER REPORTS FOR EMPLOYMENT PURPOSES
(1)CERTIFICATION FROM USERA consumer reporting agency may furnish a consumer
report for employment purposes only if
[Type the company name]
4
(A)the person who obtains such report from the agency certifies to the agency that
(i)
the person has complied with paragraph (2) with respect to the consumer report, and
the person will comply with paragraph (3) with respect to the consumer report if
paragraph (3) becomes applicable; and
(ii)
information from the consumer report will not be used in violation of any applicable
Federal or State equal employment opportunity law or regulation; and
(B)
the consumer reporting agency provides with the report, or has previously provided, a
summary of the consumers rights under this subchapter, as prescribed by
the Bureau under section 1681g(c)(3) [1] of this title.
(2)DISCLOSURE TO CONSUMER
(A)In generalExcept as provided in subparagraph (B), a person may not procure
a consumer report, or cause a consumer report to be procured, for employment
purposes with respect to any consumer, unless
(i)
a clear and conspicuous disclosure has been made in writing to the consumer at any time
before the report is procured or caused to be procured, in a document that consists solely
of the disclosure, that a consumer report may be obtained for employment purposes; and
(ii)
the consumer has authorized in writing (which authorization may be made on the
document referred to in clause (i)) the procurement of the report by that person.
(B)Application by mail, telephone, computer, or other similar meansIf
a consumer described in subparagraph (C) applies for employment by mail, telephone,
computer, or other similar means, at any time before a consumer report is procured or
caused to be procured in connection with that application
(i)
the person who procures the consumer report on the consumer for employment
purposes shall provide to the consumer, by oral, written, or electronic means, notice that
a consumer report may be obtained for employment purposes, and a summary of
the consumers rights under section 1681m(a)(3) 1 of this title; and
(ii)
the consumer shall have consented, orally, in writing, or electronically to the procurement
of the report by that person.
(C)ScopeSubparagraph (B) shall apply to a person procuring a consumer report on
a consumer in connection with the consumers application for employment only if
(i)
the consumer is applying for a position over which the Secretary of Transportation has the
power to establish qualifications and maximum hours of service pursuant to the provisions
of section 31502 of title 49, or a position subject to safety regulation by
a State transportation agency; and
(ii)
as of the time at which the person procures the report or causes the report to be procured
the only interaction between the consumer and the person in connection with that
employment application has been by mail, telephone, computer, or other similar means.
(3)CONDITIONS ON USE FOR ADVERSE ACTIONS
(A)In generalExcept as provided in subparagraph (B), in using a consumer
report for employment purposes, before taking any adverse action based in whole or in
5
part on the report, the person intending to take such adverse action shall provide to
the consumer to whom the report relates
(i)
a copy of the report; and
(ii)
a description in writing of the rights of the consumer under this subchapter, as prescribed
by the Bureau under section 1681g(c)(3) 1 of this title.
(B)Application by mail, telephone, computer, or other similar means
(i)If a consumer described in subparagraph (C) applies for employment by mail,
telephone, computer, or other similar means, and if a person who has procured
a consumer report on the consumer for employment purposes takes adverse action on the
employment application based in whole or in part on the report, then the person must
provide to the consumer to whom the report relates, in lieu of the notices required under
subparagraph (A) of this section and under section 1681m(a) of this title, within 3
business days of taking such action, an oral, written or electronic notification
(I)
that adverse action has been taken based in whole or in part on a consumer
report received from a consumer reporting agency;
(II)
of the name, address and telephone number of the consumer reporting agency that
furnished the consumer report (including a toll-free telephone number established by the
agency if the agency compiles and maintains files on consumers on a nationwide basis);
(III)
that the consumer reporting agency did not make the decision to take the adverse
action and is unable to provide to the consumer the specific reasons why the adverse
action was taken; and
(IV)
that the consumer may, upon providing proper identification, request a free copy of a
report and may dispute with the consumer reporting agency the accuracy or completeness
of any information in a report.
(ii)
If, under clause (B)(i)(IV), the consumer requests a copy of a consumer report from
the person who procured the report, then, within 3 business days of receiving
the consumers request, together with proper identification, the person must send or
provide to the consumer a copy of a report and a copy of the consumers rights as
prescribed by the Bureau under section 1681g(c)(3) 1 of this title.
(C)ScopeSubparagraph (B) shall apply to a person procuring a consumer report on
a consumer in connection with the consumers application for employment only if
(i)
the consumer is applying for a position over which the Secretary of Transportation has the
power to establish qualifications and maximum hours of service pursuant to the provisions
of section 31502 of title 49, or a position subject to safety regulation by
a State transportation agency; and
(ii)
as of the time at which the person procures the report or causes the report to be procured
the only interaction between the consumer and the person in connection with that
employment application has been by mail, telephone, computer, or other similar means.
(4)EXCEPTION FOR NATIONAL SECURITY INVESTIGATIONS
(A)In generalIn the case of an agency or department of the United States Government
which seeks to obtain and use a consumer report for employment purposes, paragraph (3)
[Type the company name]
6
shall not apply to any adverse action by such agency or department which is based in part
on such consumer report, if the head of such agency or department makes a written
finding that
(i)
the consumer report is relevant to a national security investigation of such agency or
department;
(ii)
the investigation is within the jurisdiction of such agency or department;
(iii)there is reason to believe that compliance with paragraph (3) will
(I)
endanger the life or physical safety of any person;
(II)
result in flight from prosecution;
(III)
result in the destruction of, or tampering with, evidence relevant to the investigation;
(IV)
result in the intimidation of a potential witness relevant to the investigation;
(V)
result in the compromise of classified information; or
(VI)
otherwise seriously jeopardize or unduly delay the investigation or another official
proceeding.
(B)Notification of consumer upon conclusion of investigationUpon the conclusion of
a national security investigation described in subparagraph (A), or upon the determination
that the exception under subparagraph (A) is no longer required for the reasons set forth
in such subparagraph, the official exercising the authority in such subparagraph shall
provide to the consumer who is the subject of the consumer report with regard to which
such finding was made
(i)
a copy of such consumer report with any classified information redacted as necessary;
(ii)
notice of any adverse action which is based, in part, on the consumer report; and
(iii)
the identification with reasonable specificity of the nature of the investigation for which
the consumer report was sought.
(C)Delegation by head of agency or department
For purposes of subparagraphs (A) and (B), the head of any agency or department of the
United States Government may delegate his or her authorities under this paragraph to an
official of such agency or department who has personnel security responsibilities and is a
member of the Senior Executive Service or equivalent civilian or military rank.
(D)DefinitionsFor purposes of this paragraph, the following definitions shall apply:
(i)Classified information
The term classified information means information that is protected from unauthorized
disclosure under Executive Order No. 12958 or successor orders.
(ii)National security investigation
The term national security investigation means any official inquiry by an agency or
department of the United States Government to determine the eligibility of a consumer to
7
receive access or continued access to classified information or to determine
whether classified information has been lost or compromised.
(c)FURNISHING REPORTS IN CONNECTION WITH CREDIT OR INSURANCE TRANSACTIONS THAT ARE
NOT INITIATED BY CONSUMER
(1)IN GENERALA consumer reporting agency may furnish a consumer report relating to
any consumer pursuant to subparagraph (A) or (C) of subsection (a)(3) in connection with
any credit or insurance transaction that is not initiated by the consumer only if
(A)
the consumer authorizes the agency to provide such report to such person; or
(B)
(i)
the transaction consists of a firm offer of credit or insurance;
(ii)
the consumer reporting agency has complied with subsection (e);
(iii)
there is not in effect an election by the consumer, made in accordance with subsection (e),
to have the consumers name and address excluded from lists of names provided by the
agency pursuant to this paragraph; and
(iv)
the consumer report does not contain a date of birth that shows that the consumer has
not attained the age of 21, or, if the date of birth on the consumer report shows that
the consumer has not attained the age of 21, such consumer consents to the consumer
reporting agency to such furnishing.
(2)LIMITS ON INFORMATION RECEIVED UNDER PARAGRAPH (1)(B)A person may receive
pursuant to paragraph (1)(B) only
(A)
the name and address of a consumer;
(B)
an identifier that is not unique to the consumer and that is used by the person solely for
the purpose of verifying the identity of the consumer; and
(C)
other information pertaining to a consumer that does not identify the relationship or
experience of the consumer with respect to a particular creditor or other entity.
(3)INFORMATION REGARDING INQUIRIES
Except as provided in section 1681g(a)(5) of this title, a consumer reporting agency shall
not furnish to any person a record of inquiries in connection with a credit or insurance
transaction that is not initiated by a consumer.
(d)RESERVED
(e)ELECTION OF CONSUMER TO BE EXCLUDED FROM LISTS
(1)IN GENERAL
A consumer may elect to have the consumers name and address excluded from any list
provided by a consumer reporting agency under subsection (c)(1)(B) in connection with
a credit or insurance transaction that is not initiated by the consumer, by notifying the
agency in accordance with paragraph (2) that the consumer does not consent to any use
of a consumer report relating to the consumer in connection with any credit or insurance
transaction that is not initiated by the consumer.
(2)MANNER OF NOTIFICATIONA consumer shall notify a consumer reporting agency under
paragraph (1)
[Type the company name]
8
(A)
through the notification system maintained by the agency under paragraph (5); or
(B)
by submitting to the agency a signed notice of election form issued by the agency for
purposes of this subparagraph.
(3)RESPONSE OF AGENCY AFTER NOTIFICATION THROUGH SYSTEMUpon receipt of notification of
the election of a consumer under paragraph (1) through the notification system
maintained by the agency under paragraph (5), a consumer reporting agency shall
(A)
inform the consumer that the election is effective only for the 5-year period following the
election if the consumer does not submit to the agency a signed notice of election form
issued by the agency for purposes of paragraph (2)(B); and
(B)
provide to the consumer a notice of election form, if requested by the consumer, not later
than 5 business days after receipt of the notification of the election through the system
established under paragraph (5), in the case of a request made at the time
the consumer provides notification through the system.
(4)EFFECTIVENESS OF ELECTIONAn election of a consumer under paragraph (1)
(A)
shall be effective with respect to a consumer reporting agency beginning 5 business days
after the date on which the consumer notifies the agency in accordance with paragraph
(2);
(B)shall be effective with respect to a consumer reporting agency
(i)
subject to subparagraph (C), during the 5-year period beginning 5 business days after the
date on which the consumer notifies the agency of the election, in the case of an election
for which a consumer notifies the agency only in accordance with paragraph (2)(A); or
(ii)
until the consumer notifies the agency under subparagraph (C), in the case of an election
for which a consumer notifies the agency in accordance with paragraph (2)(B);
(C)
shall not be effective after the date on which the consumer notifies the agency, through
the notification system established by the agency under paragraph (5), that the election is
no longer effective; and
(D)
shall be effective with respect to each affiliate of the agency.
(5)NOTIFICATION SYSTEM
(A)In generalEach consumer reporting agency that, under subsection (c)(1)(B),
furnishes a consumer report in connection with a credit or insurance transaction that is not
initiated by a consumer, shall
(i)
establish and maintain a notification system, including a toll-free telephone number, which
permits any consumer whose consumer report is maintained by the agency to notify the
agency, with appropriate identification, of the consumers election to have the consumers
name and address excluded from any such list of names and addresses provided by the
agency for such a transaction; and
(ii)publish by not later than 365 days after September 30, 1996, and not less than
annually thereafter, in a publication of general circulation in the area served by the
agency
9
(I)
a notification that information in consumer files maintained by the agency may be used in
connection with such transactions; and
(II)
the address and toll-free telephone number for consumers to use to notify the agency of
the consumers election under clause (i).
(B)Establishment and maintenance as compliance
Establishment and maintenance of a notification system (including a toll-free telephone
number) and publication by a consumer reporting agency on the agencys own behalf and
on behalf of any of its affiliates in accordance with this paragraph is deemed to be
compliance with this paragraph by each of those affiliates.
(6)NOTIFICATION SYSTEM BY AGENCIES THAT OPERATE NATIONWIDE
Each consumer reporting agency that compiles and maintains files on consumers on a
nationwide basis shall establish and maintain a notification system for purposes of
paragraph (5) jointly with other such consumer reporting agencies.
(f)CERTAIN USE OR OBTAINING OF INFORMATION PROHIBITEDA person shall not use or obtain
a consumer report for any purpose unless
(1)
the consumer report is obtained for a purpose for which the consumer report is authorized
to be furnished under this section; and
(2)
the purpose is certified in accordance with section 1681e of this title by a prospective user
of the report through a general or specific certification.
(g)PROTECTION OF MEDICAL INFORMATION
(1)LIMITATION ON CONSUMER REPORTING AGENCIESA consumer reporting agency shall not
furnish for employment purposes, or in connection with a credit or insurance transaction,
a consumer report that contains medical information (other than medical contact
information treated in the manner required under section 1681c(a)(6) of this title) about
a consumer, unless
(A)
if furnished in connection with an insurance transaction, the consumer affirmatively
consents to the furnishing of the report;
(B)if furnished for employment purposes or in connection with a credit transaction
(i)
the information to be furnished is relevant to process or effect the employment
or credit transaction; and
(ii)
the consumer provides specific written consent for the furnishing of the report that
describes in clear and conspicuous language the use for which the information will be
furnished; or
(C)
the information to be furnished pertains solely to transactions, accounts, or balances
relating to debts arising from the receipt of medical services, products, or devises, where
such information, other than account status or amounts, is restricted or reported using
codes that do not identify, or do not provide information sufficient to infer, the specific
provider or the nature of such services, products, or devices, as provided in section
1681c(a)(6) of this title.
(2)LIMITATION ON CREDITORS
[Type the company name]
10
Except as permitted pursuant to paragraph (3)(C) or regulations prescribed under
paragraph (5)(A), a creditor shall not obtain or use medical information (other than
medical information treated in the manner required under section 1681c(a)(6) of this title)
pertaining to a consumer in connection with any determination of the consumers
eligibility, or continued eligibility, for credit.
(3)ACTIONS AUTHORIZED BY FEDERAL LAW, INSURANCE ACTIVITIES AND REGULATORY
DETERMINATIONSSection 1681a(d)(3) of this title shall not be construed so as to treat
information or any communication of information as a consumer report if the information
or communication is disclosed
(A)
in connection with the business of insurance or annuities, including the activities described
in section 18B of the model Privacy of Consumer Financial and Health Information
Regulation issued by the National Association of Insurance Commissioners (as in effect
on January 1, 2003);
(B)
for any purpose permitted without authorization under the Standards for Individually
Identifiable Health Information promulgated by the Department of Health and Human
Services pursuant to the Health Insurance Portability and Accountability Act of 1996, or
referred to under section 1179 of such Act,1 or described in section 6802(e) of this title; or
(C)
as otherwise determined to be necessary and appropriate, by regulation or order, by
the Bureau or the applicable State insurance authority (with respect to
any person engaged in providing insurance or annuities).
(4)LIMITATION ON REDISCLOSURE OF MEDICAL INFORMATION
Any person that receives medical information pursuant to paragraph (1) or (3) shall not
disclose such information to any other person, except as necessary to carry out the
purpose for which the information was initially disclosed, or as otherwise permitted by
statute, regulation, or order.
(5)REGULATIONS AND EFFECTIVE DATE FOR PARAGRAPH (2)
(A) [2] Regulations required
The Bureau may, after notice and opportunity for comment, prescribe regulations that
permit transactions under paragraph (2) that are determined to be necessary and
appropriate to protect legitimate operational, transactional, risk, consumer, and other
needs (and which shall include permitting actions necessary for administrative verification
purposes), consistent with the intent of paragraph (2) to restrict the use of medical
information for inappropriate purposes.
(6)COORDINATION WITH OTHER LAWS
No provision of this subsection shall be construed as altering, affecting, or superseding the
applicability of any other provision of Federal law relating to medical confidentiality.
(Pub. L. 90321, title VI, 604, as added Pub. L. 91508, title VI, 601, Oct. 26,
1970, 84 Stat. 1129; amended Pub. L. 10173, title IX, 964(c), Aug. 9, 1989, 103 Stat.
506; Pub. L. 104193, title III, 352, Aug. 22, 1996, 110 Stat. 2240; Pub. L. 104208,
div. A, title II, 2403, 2404(a), (b), 2405, Sept. 30, 1996, 110 Stat. 3009430, 3009
431, 3009433, 3009434; Pub. L. 105107, title III, 311(a), Nov. 20, 1997, 111 Stat.
2255; Pub. L. 105347, 2, 3, 6(4), Nov. 2, 1998, 112 Stat. 3208, 3210, 3211; Pub. L.
107306, title VIII, 811(b)(8)(A), Nov. 27, 2002, 116 Stat. 2426; Pub. L. 108159, title
II, 213(c), title IV, 411(a), 412(f), title VIII, 811(b), Dec. 4, 2003, 117 Stat. 1979,
1999, 2003, 2011; Pub. L. 108177, title III, 361(j), Dec. 13, 2003, 117 Stat.
2625; Pub. L. 109351, title VII, 719, Oct. 13, 2006, 120 Stat. 1998; Pub. L. 110161,
11
div. D, title VII, 743, Dec. 26, 2007, 121 Stat. 2033; Pub. L. 11124, title III, 302, May
22, 2009, 123 Stat. 1748; Pub. L. 111203, title X, 1088(a)(2)(A), (4), July 21,
2010, 124 Stat. 2087; Pub. L. 11494, div. G, title LXXX, 80001, Dec. 4, 2015, 129 Stat.
1792; Pub. L. 116283, div. F, title LXIII, 6308(b), Jan. 1, 2021, 134 Stat. 4594.)
17 CFR 248.7 - Form of opt out notice to consumers; opt out methods.
248.7 Form of opt out notice to consumers; opt out methods.
(a)
(1) Form of opt out notice. If you are required to provide an opt out notice under 248.10(a),
you must provide a clear and conspicuous notice to each of your consumers that accurately
explains the right to opt out under that section. The notice must state:
(i) That you disclose or reserve the right to disclose nonpublic personal information about
your consumer to a nonaffiliated third party;
(ii) That the consumer has the right to opt out of that disclosure; and
(iii) A reasonable means by which the consumer may exercise the opt out right.
(2) Examples -
(i) Adequate opt out notice. You provide adequate notice that the consumer can opt out of
the disclosure of nonpublic personal information to a nonaffiliated third party if you:
(A) Identify all of the categories of nonpublic personal information that you disclose or
reserve the right to disclose, and all of the categories of nonaffiliated third parties to
which you disclose the information, as described in 248.6(a)(2) and (3) and state that the
consumer can opt out of the disclosure of that information; and
(B) Identify the financial products or services that the consumer obtains from you, either
singly or jointly, to which the opt out direction would apply.
(ii) Reasonable opt out means. You provide a reasonable means to exercise an opt out right
if you:
(A) Designate check-off boxes in a prominent position on the relevant forms with the opt
out notice;
(B) Include a reply form together with the opt out notice;
(C) Provide an electronic means to opt out, such as a form that can be sent via electronic
mail or a process at your web site, if the consumer agrees to the electronic delivery of
information; or
(D) Provide a toll-free telephone number that consumers may call to opt out.
(iii) Unreasonable opt out means. You do not provide a reasonable means of opting out if:
[Type the company name]
12
(A
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| 02/06/2023 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
|
- Improper use of your report
- Reporting company used your report improperly
|
|
Web |
|
|
Date : XX/XX/2023 Re : Validation for Acct XXXX XXXX XXXX To Whom It May Concern : This letter is being sent to you in response to a listing on my credit report. This is not a refusal to pay, but a notice to request validation.
Under the Fair Debt Collections Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. Be advised that I am not requesting a " verification '' ; I am requesting a " validation ; '' that is, competent evidence that I have some contractual obligation to pay you.
Please provide at least the following information within 30 days from the date of your receipt of this request for validation : Name and Address of Alleged Creditor : Name on File of Alleged Debtor : Alleged Account # : Address on File for Alleged Debtor : Amount of alleged debt : Date that this alleged debt became payable : Date of original charge off or delinquency : Was this debt assigned to debt collector or purchased?
Amount paid if debt was purchased : Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
Sincerely, XXXX XXXX In accordance with the Fair Credit Reporting act XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX, in the amount of {$1800.00} has violated my rights.
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.
Date : XX/XX/2023 Re : Validation for Acct XXXX XXXX XXXX To Whom It May Concern : This letter is being sent to you in response to a listing on my credit report. This is not a refusal to pay, but a notice to request validation.
Under the Fair Debt Collections Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. Be advised that I am not requesting a " verification '' ; I am requesting a " validation ; '' that is, competent evidence that I have some contractual obligation to pay you.
Please provide at least the following information within 30 days from the date of your receipt of this request for validation : Name and Address of Alleged Creditor : Name on File of Alleged Debtor : Alleged Account # : Address on File for Alleged Debtor : Amount of alleged debt : Date that this alleged debt became payable : Date of original charge off or delinquency : Was this debt assigned to debt collector or purchased?
Amount paid if debt was purchased : Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
Sincerely, XXXX XXXX In accordance with the Fair Credit Reporting act XXXX XXXX # XXXX, in the amount of {$710.00} has violated my rights.
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.
Date : XX/XX/2023 Re : Validation for Acct XXXX XXXX XXXXXXXX, and XXXX To Whom It May Concern : This letter is being sent to you in response to a listing on my credit report. This is not a refusal to pay, but a notice to request validation.
Under the Fair Debt Collections Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. Be advised that I am not requesting a " verification '' ; I am requesting a " validation ; '' that is, competent evidence that I have some contractual obligation to pay you.
Please provide at least the following information within 30 days from the date of your receipt of this request for validation : Name and Address of Alleged Creditor : Name on File of Alleged Debtor : Alleged Account # : Address on File for Alleged Debtor : Amount of alleged debt : Date that this alleged debt became payable : Date of original charge off or delinquency : Was this debt assigned to debt collector or purchased?
Amount paid if debt was purchased : Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
Sincerely, XXXX XXXXXXXX In accordance with the Fair Credit Reporting act XXXX XXXX XXXX XXXXXXXX and XXXX XXXX, in the amount of {$920.00} has violated my rights.
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.
Date : XX/XX/2023 Re : Validation for Acct XXXX XXXX XXXX XXXXXXXX To Whom It May Concern : This letter is being sent to you in response to a listing on my credit report. This is not a refusal to pay, but a notice to request validation.
Under the Fair Debt Collections Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. Be advised that I am not requesting a " verification '' ; I am requesting a " validation ; '' that is, competent evidence that I have some contractual obligation to pay you.
Please provide at least the following information within 30 days from the date of your receipt of this request for validation : Name and Address of Alleged Creditor : Name on File of Alleged Debtor : Alleged Account # : Address on File for Alleged Debtor : Amount of alleged debt : Date that this alleged debt became payable : Date of original charge off or delinquency : Was this debt assigned to debt collector or purchased?
Amount paid if debt was purchased : Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
Sincerely, XXXX XXXX In accordance with the Fair Credit Reporting act XXXX XXXX XXXX # XXXX, in the amount of {$820.00} has violated my rights.
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.
Date : XX/XX/2023 Re : Validation for Acct XXXX XXXX XXXX and XXXX To Whom It May Concern : This letter is being sent to you in response to a listing on my credit report. This is not a refusal to pay, but a notice to request validation.
Under the Fair Debt Collections Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. Be advised that I am not requesting a " verification '' ; I am requesting a " validation ; '' that is, competent evidence that I have some contractual obligation to pay you.
Please provide at least the following information within 30 days from the date of your receipt of this request for validation : Name and Address of Alleged Creditor : Name on File of Alleged Debtor : Alleged Account # : Address on File for Alleged Debtor : Amount of alleged debt : Date that this alleged debt became payable : Date of original charge off or delinquency : Was this debt assigned to debt collector or purchased?
Amount paid if debt was purchased : Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
Sincerely, XXXX XXXX In accordance with the Fair Credit Reporting act XXXXXXXX XXXX XXXX XXXX and # XXXX, in the amount of {$1800.00} has violated my rights.
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.
Date : XX/XX/2023 Re : Validation for Acct XXXX XXXX XXXXXXXX To Whom It May Concern : This letter is being sent to you in response to a listing on my credit report. This is not a refusal to pay, but a notice to request validation.
Under the Fair Debt Collections Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. Be advised that I am not requesting a " verification '' ; I am requesting a " validation ; '' that is, competent evidence that I have some contractual obligation to pay you.
Please provide at least the following information within 30 days from the date of your receipt of this request for validation : Name and Address of Alleged Creditor : Name on File of Alleged Debtor : Alleged Account # : Address on File for Alleged Debtor : Amount of alleged debt : Date that this alleged debt became payable : Date of original charge off or delinquency : Was this debt assigned to debt collector or purchased?
Amount paid if debt was purchased : Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
Sincerely, XXXX XXXX In accordance with the Fair Credit Reporting act XXXX XXXX XXXX XXXX XXXX XXXX, in the amount of {$2600.00} has violated my rights.
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.
Date : XX/XX/2023 Re : Validation for Acct XXXX XXXX XXXX XXXX To Whom It May Concern : This letter is being sent to you in response to a listing on my credit report. This is not a refusal to pay, but a notice to request validation.
Under the Fair Debt Collections Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. Be advised that I am not requesting a " verification '' ; I am requesting a " validation ; '' that is, competent evidence that I have some contractual obligation to pay you.
Please provide at least the following information within 30 days from the date of your receipt of this request for validation : Name and Address of Alleged Creditor : Name on File of Alleged Debtor : Alleged Account # : Address on File for Alleged Debtor : Amount of alleged debt : Date that this alleged debt became payable : Date of original charge off or delinquency : Was this debt assigned to debt collector or purchased?
Amount paid if debt was purchased : Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
Sincerely, XXXX XXXX In accordance with the Fair Credit Reporting act XXXX XXXX XXXX # XXXX, in the amount of {$700.00} has violated my rights.
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.
Date : XX/XX/2023 Re : Validation for Acct XXXX XXXX XXXX, and XXXX To Whom It May Concern : This letter is being sent to you in response to a listing on my credit report. This is not a refusal to pay, but a notice to request validation.
Under the Fair Debt Collections Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. Be advised that I am not requesting a " verification '' ; I am requesting a " validation ; '' that is, competent evidence that I have some contractual obligation to pay you.
Please provide at least the following information within 30 days from the date of your receipt of this request for validation : Name and Address of Alleged Creditor : Name on File of Alleged Debtor : Alleged Account # : Address on File for Alleged Debtor : Amount of alleged debt : Date that this alleged debt became payable : Date of original charge off or delinquency : Was this debt assigned to debt collector or purchased?
Amount paid if debt was purchased : Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
Sincerely, XXXX XXXX In accordance with the Fair Credit Reporting act XXXX XXXX XXXX XXXX and XXXX XXXX, in the amount of {$310.00} has violated my rights.
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.
Date : XX/XX/2023 Re : Validation for Acct XXXX XXXX XXXX, and XXXX To Whom It May Concern : This letter is being sent to you in response to a listing on my credit report. This is not a refusal to pay, but a notice to request validation.
Under the Fair Debt Collections Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. Be advised that I am not requesting a " verification '' ; I am requesting a " validation ; '' that is, competent evidence that I have some contractual obligation to pay you.
Please provide at least the following information within 30 days from the date of your receipt of this request for validation : Name and Address of Alleged Creditor : Name on File of Alleged Debtor : Alleged Account # : Address on File for Alleged Debtor : Amount of alleged debt : Date that this alleged debt became payable : Date of original charge off or delinquency : Was this debt assigned to debt collector or purchased?
Amount paid if debt was purchased : Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
Sincerely, XXXX XXXX In accordance with the Fair Credit Reporting act XXXX XXXX # XXXX and # XXXX, in the amount of {$6200.00} and {$160.00} and has violated my rights.
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.
XXXX XXXX XXXX Re : Validation for Acct XXXX XXXX XXXXXXXX To Whom It May Concern : This letter is being sent to you in response to a listing on my credit report. This is not a refusal to pay, but a notice to request validation.
Under the Fair Debt Collections Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. Be advised that I am not requesting a " verification '' ; I am requesting a " validation ; '' that is, competent evidence that I have some contractual obligation to pay you.
Please provide at least the following information within 30 days from the date of your receipt of this request for validation : Name and Address of Alleged Creditor : Name on File of Alleged Debtor : Alleged Account # : Address on File for Alleged Debtor : Amount of alleged debt : Date that this alleged debt became payable : Date of original charge off or delinquency : Was this debt assigned to debt collector or purchased?
Amount paid if debt was purchased : Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
Sincerely, XXXX XXXX In accordance with the Fair Credit Reporting act XXXX XXXX # XXXX in the amount of {$460.00} has violated my rights.
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.
Date : XX/XX/2023 Re : Validation for Acct XXXX XXXX XXXX XXXX To Whom It May Concern : This letter is being sent to you in response to a listing on my credit report. This is not a refusal to pay, but a notice to request validation.
Under the Fair Debt Collections Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. Be advised that I am not requesting a " verification '' ; I am requesting a " validation ; '' that is, competent evidence that I have some contractual obligation to pay you.
Please provide at least the following information within 30 days from the date of your receipt of this request for validation : Name and Address of Alleged Creditor : Name on File of Alleged Debtor : Alleged Account # : Address on File for Alleged Debtor : Amount of alleged debt : Date that this alleged debt became payable : Date of original charge off or delinquency : Was this debt assigned to debt collector or purchased?
Amount paid if debt was purchased : Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
Sincerely, XXXX XXXX In accordance with the Fair Credit Reporting act XXXX XXXX XXXX XXXX XXXX XXXX, in the amount of {$820.00} has violated my rights.
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.
Date : XX/XX/2023 Re : Validation for Acct XXXX XXXX XXXX To Whom It May Concern : This letter is being sent to you in response to a listing on my credit report. This is not a refusal to pay, but a notice to request validation.
Under the Fair Debt Collections Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. Be advised that I am not requesting a " verification '' ; I am requesting a " validation ; '' that is, competent evidence that I have some contractual obligation to pay you.
Please provide at least the following information within 30 days from the date of your receipt of this request for validation : Name and Address of Alleged Creditor : Name on File of Alleged Debtor : Alleged Account # : Address on File for Alleged Debtor : Amount of alleged debt : Date that this alleged debt became payable : Date of original charge off or delinquency : Was this debt assigned to debt collector or purchased?
Amount paid if debt was purchased : Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
Sincerely, XXXX XXXX In accordance with the Fair Credit Reporting act XXXX XXXX XXXX XXXX in the amount of {$1100.00} has violated my rights.
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.
Date : XX/XX/2023 Re : Validation for Acct XXXX XXXX XXXX XXXXXXXX To Whom It May Concern : This letter is being sent to you in response to a listing on my credit report. This is not a refusal to pay, but a notice to request validation.
Under the Fair Debt Collections Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. Be advised that I am not requesting a " verification '' ; I am requesting a " validation ; '' that is, competent evidence that I have some contractual obligation to pay you.
Please provide at least the following information within 30 days from the date of your receipt of this request for validation : Name and Address of Alleged Creditor : Name on File of Alleged Debtor : Alleged Account # : Address on File for Alleged Debtor : Amount of alleged debt : Date that this alleged debt became payable : Date of original charge off or delinquency : Was this debt assigned to debt collector or purchased?
Amount paid if debt was purchased : Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
Sincerely, XXXX XXXX In accordance with the Fair Credit Reporting act XXXX XXXX XXXX XXXX XXXX in the amount of {$16000.00} has violated my rights.
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.
Date : XX/XX/2023 Re : Validation for XXXX XXXX XXXX XXXX To Whom It May Concern : This letter is being sent to you in response to a listing on my credit report. This is not a refusal to pay, but a notice to request validation.
Under the Fair Debt Collections Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. Be advised that I am not requesting a " verification '' ; I am requesting a " validation ; '' that is, competent evidence that I have some contractual obligation to pay you.
Please provide at least the following information within 30 days from the date of your receipt of this request for validation : Name and Address of Alleged Creditor : Name on File of Alleged Debtor : Alleged Account # : Address on File for Alleged Debtor : Amount of alleged debt : Date that this alleged debt became payable : Date of original charge off or delinquency : Was this debt assigned to debt collector or purchased?
Amount paid if debt was purchased : Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
Sincerely, XXXX XXXX In accordance with the Fair Credit Reporting act XXXX XXXX XXXX # XXXX, in the amount of {$4100.00} has violated my rights.
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.
Date : XX/XX/2023 Re : Validation for XXXX XXXX XXXX XXXXXXXX To Whom It May Concern : This letter is being sent to you in response to a listing on my credit report. This is not a refusal to pay, but a notice to request validation.
Under the Fair Debt Collections Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. Be advised that I am not requesting a " verification '' ; I am requesting a " validation ; '' that is, competent evidence that I have some contractual obligation to pay you.
Please provide at least the following information within 30 days from the date of your receipt of this request for validation : Name and Address of Alleged Creditor : Name on File of Alleged Debtor : Alleged Account # : Address on File for Alleged Debtor : Amount of alleged debt : Date that this alleged debt became payable : Date of original charge off or delinquency : Was this debt assigned to debt collector or purchased?
Amount paid if debt was purchased : Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
Sincerely, XXXX XXXX In accordance with the Fair Credit Reporting act XXXX XXXX XXXX XXXX XXXX, in the amount of {$910.00} has violated my rights.
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.
Date : XX/XX/2023 Re : Validation for XXXX XXXX XXXX XXXX To Whom It May Concern : This letter is being sent to you in response to a listing on my credit report. This is not a refusal to pay, but a notice to request validation.
Under the Fair Debt Collections Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. Be advised that I am not requesting a " verification '' ; I am requesting a " validation ; '' that is, competent evidence that I have some contractual obligation to pay you.
Please provide at least the following information within 30 days from the date of your receipt of this request for validation : Name and Address of Alleged Creditor : Name on File of Alleged Debtor : Alleged Account # : Address on File for Alleged Debtor : Amount of alleged debt : Date that this alleged debt became payable : Date of original charge off or delinquency : Was this debt assigned to debt collector or purchased?
Amount paid if debt was purchased : Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
Sincerely, XXXX XXXX In accordance with the Fair Credit Reporting act XXXXXXXX XXXX XXXX XXXX in the amount of {$160.00} and {$6200.00} has violated my rights.
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.
Date : XX/XX/2023 Re : Validation for Account XXXX XXXX XXXX XXXX To Whom It May Concern : This letter is being sent to you in response to a listing on my credit report. This is not a refusal to pay, but a notice to request validation.
Under the Fair Debt Collections Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. Be advised that I am not requesting a " verification '' ; I am requesting a " validation ; '' that is, competent evidence that I have some contractual obligation to pay you.
Please provide at least the following information within 30 days from the date of your receipt of this request for validation : Name and Address of Alleged Creditor : Name on File of Alleged Debtor : Alleged Account # : Address on File for Alleged Debtor : Amount of alleged debt : Date that this alleged debt became payable : Date of original charge off or delinquency : Was this debt assigned to debt collector or purchased?
Amount paid if debt was purchased : Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
Sincerely, XXXX XXXX In accordance with the Fair Credit Reporting act XXXX XXXX XXXX XXXX XXXX, in the amount of {$1000.00} has violated my rights.
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.
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, SC XXXX I am requesting that the accounts that are reporting incorrectly as open, but reflect a past due balance be removed, According to FCRA, I have the right to an accurate credit report. Please provide me a copy of my new credit report reflecting the accounts deletion.
Furthermore, any attempt to collect an alleged debtless than 30 days ago. Please be advised that I hereby dispute the validity of the above-listed debts in its entirety. I request verification/Validation of the alleged debt and specifically request a copy of a contract or agreement signed by the alleged original creditor and all parties to any such contract provided with a billing statement, notice, or any unsigned documents is not verification of the alleged debt. You are on Notice that you are unlawfully attempting to collect the above listed alleged debt. Cease and desist all collection activity including reporting agencies ( CRAs ). Providing me the specific verification documents above shall not be deemed collection activity. If you comply with my cease collection and deletion request, then you are excused from verification.
If you opt to provide verification, also provide proof of the chain of title of ownership of the debt. If the alleged debt was acquired by a debt buyer, then proof of the chain of title of the alleged original creditor to the current alleged owner without any break in chain.
This letter is evidence that may be provided to the Consumer Finacial Protection Bureau ( CFPB ). The CFPB is autho
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- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Problem with a credit reporting company's investigation into an existing problem
- Their investigation did not fix an error on your report
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On or about XX/XX/XXXX, I received a dunning/collection letter from XXXX XXXX regarding the XXXX XXXX XXXX credit card account On XX/XX/XXXX, Defendant mailed a debt validation request to XXXX XXXX via certified mail tracking number XXXX.
On XX/XX/XXXX, XXXX XXXX received my debt validation request.
I never received a response to my validation request which may be a violation of the FDCPA and 12 C.F.R. 106.34 ( a ) ( 1 ) and instead XXXX XXXX filed suit instead of responding.
On XX/XX/XXXX, XXXX XXXX filed this civil suit/action against me on behalf of XXXX XXXX XXXX XXXX in the State Court of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX On XX/XX/XXXX, I filed an answer to the lawsuit/complaint along with discovery motions/request Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions. A copy of the Answer along with the discovery request was sent to you via certified mail tracking number XXXX. A copy of the Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions.
According to the post office, the package picked up at a postal facility by your agent, representative, or employee at XXXX XXXX on XXXX XXXX XXXX
The thirty days to respond to the discovery request started on XX/XX/XXXX, and ended on XX/XX/XXXX.
I never received a response to the discovery request.
Pursuant to Georgia law XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX a ) ( XXXX ), the party upon whom the discovery has been served shall serve a copy of the answers, and objections if any, within thirty ( 30 ) days after the service of the discovery request, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time at the courts discretion. The party submitting the interrogatories may move for an order under subsection ( a ) of Code Section 9-11-37 with respect to any objection to or other failure to answer any discovery motion/request.
Pursuant to XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) The matter is admitted unless, within 30 days after service of the request or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney. Any matter admitted under this Code section is conclusively established unless the court, on motion, permits withdrawal or amendment of the admission XXXX XXXX XXXX XXXX XXXX
On XX/XX/XXXX, and XX/XX/XXXX. XXXX, I reached out to RAS LaVrars office by e-mail pursuant to rule XXXX ( b ) and prior to filing a motion to compel pursuant to XXXX. XXXX.
On XX/XX/XXXX, I mailed a certified letter ( tracking number XXXX ) to XXXX XXXX office and the letter was delivered and received by your office on XXXX, XXXX.
On XX/XX/XXXX, XXXX XXXX filed for voluntary dismissal without prejudice in the XXXX XXXX XXXX XXXX XXXX Georgia Civil Action File No XXXX.
Now on XX/XX/XXXX, I received a dunning letter from XXXX XXXX listing XXXX XXXX. instead of Department XXXX XXXX Bank or ( XXXX ) as the creditor. This is the same claim or action just listing a different creditor.
On XX/XX/XXXX, I mailed a second request for validation to XXXX XXXX via certified mail tracking number XXXX. According to the post office the item was delivered on XX/XX/XXXX.
On XX/XX/XXXX, I received an e-mail from XXXX of XXXX XXXX attorneys confirming receipt of the validation request.
Good afternoon, Our office is in receipt of your request and is gathering the requested documents for your review.
XXXX XXXX XXXX, XXXX.
Lead Litigation GA Attorney XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, GA XXXX Phone : XXXX Ex. XXXX Fax : XXXX XXXX THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
PRIVILEGE AND CONFIDENTIALITY NOTICE : This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by XXXX XXXX XXXX XXXX for damage arising in any way from its use.
XXXX XXXX is a debt collector as defined by the Fair Debt Collection Practices Act ( FDCPA ) XXXX U.S.C. XXXX ( XXXX ) and is required to comply with the FDCPA.
If the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, or that the consumer request the name and address of the original creditor, the debt collector must cease collection of the debt, or any portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector 15 U.S.C. 1692g ( b ).
The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer 15 U.S.C. 1692g ( c ).
As of the date of this letter, no response or validation/verification has been received by me.
Any failure by XXXX XXXX to comply with or any violation of the FDCPA by XXXX XXXX XXXX result in XXXX XXXX being subject to civil liability as outlined in 15 U.S.C. 1692k.
XXXX XXXX was notified and is aware that this is a second attempt to collect this alleged debt for the same account with Department XXXXXXXX XXXX XXXX XXXX XXXX ) which is a subsidiary of XXXX XXXX and that as of XX/XX/XXXX, XXXX has merged with XXXX.
Any refiling or renewing of a case would be subject to XXXX. XXXX and XXXX XXXX
XXXX XXXX has received two requests for validation and has failed to respond to both of them. XXXX XXXX has had approximately ten months to respond to my request for validation. Dont you think if XXXX XXXX XXXX to collect this alleged debt that they would have responded to the validation request a required by law by now?
As of the date of this letter, there has been no refiling of any lawsuit against me to collect this alleged debt. XXXX XXXX would have to consider all the things discussed in this letter when deciding whether or not it wants to refile the case in any court. XXXX XXXX would have to consider that if the Request for Admissions in the previous and now dismissed lawsuit is deemed admitted pursuant to Pursuant to XXXX. XXXX ( a ) ( XXXX ) anXXXX XXXX XXXX ( b ) then it will be difficult for you or XXXX XXXX to pursue a new claim because if certain admissions are deemed admitted then you will probably lose your case. XXXX XXXX is aware of this fact. XXXX XXXX had the option to motion the court to allow withdrawal of the admission and or work with me to resolve any issues with discovery instead XXXX XXXX chose to dismiss the lawsuit. In the event of any renewal or refiling of any lawsuit, XXXX XXXX would essentially be refiling the same claim involving the same parties. If you or your attorney admitted the previous case away for failing to respond, then it will be difficult to refile the case and win or be successful. It seems as if you dont think about this or take this into consideration when deciding not to delete this account from my credit report.
Because you disagree with the decisions made by XXXX XXXX, the laws of the State of Georgia, and the information that you have been provided is not reason or grounds for you to dismiss and ignore the information that you have been provided and make decision based on your personal ideology or beliefs under the guise of some unnamed/specified law, government regulation, or company policy where you do state the specific law and section of the law, the specific government regulation, or provide a copy of the company policy you are citing and relying upon. You only provide a selective cursory response on items that you want to respond to and its like your response is scripted. Additionally, it seems that you copy and paste previous responses.
You position is As a credit provider, we are obligated to report the account accurately to the credit reporting agencies. This statement is designed to end any discussion regarding credit reporting and to justify not removing an item from a credit report and is misleading, while you are required by law to report accurate information to the credit reporting agencies, you are not required to report account to the credit reporting agencies. It seems as if this statement is crafted to make any credit reporting dispute go away. This statement also suggests that you have some kind of moral or ethical obligation and not a legal obligation to report this account to a credit bureau and suggest your decision not to delete this account from the credit report is a moral decision and not a legal one.
DSNBs own customer agreement for the credit card states " We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. We may report account information in your name and the names of authorized users. We may also obtain follow-up credit reports on you. If you think we reported incorrect information to a credit bureau, write us at the Customer Service address on the billing statement. We will investigate the matter. We will then tell you if we agree or disagree with you. If we agree with you, we will contact each credit bureau to which we reported and request a correction. If we disagree with you, we will tell you that. '' The card agreement states that XXXX can report information about a consumer and the account to a credit bureau if XXXX chooses to do so however, the card agreement does not prohibit XXXX from updating or removing information about a consumer from a consumers credit file. Additionally, if XXXX were to assign or sell this account to a debt buyer or collection agency and that debt buyer or collection agency reported this account to the credit bureau, XXXX would be obligated or required by the FCRA to remove the account from my credit report because the FCRA prohibits duplicate accounts, or the same information or account being reported multiple times on a consumers credit report. XXXX also fails or neglects to mention that some debt collectors will offer to delete the account from a consumers credit report in exchange for payment especially if it is written in any settlement agreement or consent order. XXXX does not want to admit that credit reporting is nothing more than a debt collection tactic or practice which it sometimes uses to extort money ( in some cases more money than Plaintiff is entitled to ) out of consumers ( i.e. either pay us what we claim you owe us or well ruin your credit for seven years ). It seems XXXX as is not prohibited by contract, government regulations, or the law from removing Defendants account from his credit report with the three major credit bureaus out of revenge and spite because XXXX did not get the outcome XXXX wanted in the XXXX XXXX case and XXXX ( which is a subsidiary of XXXX ) most likely will not achieve the outcome XXXX desires in the XXXX XXXX XXXX credit card account case and some kind of righteous duty with the intent to annoy, harass, intimidate, embarrass, and humiliate me and is nothing more than an effort to make it difficult for me to apply for and/or obtain credit or to have to pay a higher interest rate if offered a line of credit is preventing XXXX from removing this account from Defendants credit report with the three major credit bureaus.
If it is XXXX position that you are prohibited by law or government regulation from removing this account from my credit report, then you should have to identify any specific section of the FCRA or any other law or government regulation that would prohibit you from removing this account from my credit report and to provide any other information that you are relying upon. Based upon my information 15 U.S.C. 1681i and 15 U.S.C. 1681s-2 ( b ) there is no law or government regulation that would prohibit XXXX from removing this account from my credit report. I have requested this information previously and XXXX has refused to respond and only wants to respond to what it determines or decides it wants to respond to or address. This was also requested by me in the now dismissed collection lawsuit.
It also seems that your decision is not based on the law but an alleged company policy. I would ask that you provide a full and complete copy of the policy you are referencing in your previous communications. Please dont carelessly or mindlessly state that the information requested is confidential and proprietary business information and can not be disclosed. In the event of any refiling of any lawsuit regarding this account and alleged debt I will include the request for this information in a Request for the Production of Documents pursuant to XXXX. XXXX. Any failure to respond appropriately to any discovery request is subject to a motion to compel pursuant to XXXX. XXXX.
XXXX has not been truthful in their previous responses to the CFPB and the XXXX and there will be potential problems for you in the event of any refiling or renewing of this case.
In your previous correspondence you claim that XXXX regularly reviews credit report data to determine if cardholders continue to qualify for their accounts. You also claim, " XXXX credit card account are reviewed on a regular basis to determine if an adjustment to the accounts credit limit is needed and to ensure the customer still meets the established eligibility requirements to maintain the card. You refuse to provide the eligibility requirements and credit criteria claiming, Our credit criteria is proprietary business information and can not be disclosed. I do not believe that you review accounts on a regular basis as you claim in your correspondence.
On two occasions my credit limit was lowered as a result of your so-called review of my account which you claim that my credit limit was reduced due to the number of revolving accounts with high usage. This is not the whole and complete truth. XXXX has omitted an important fact that in XXXX of XXXX a late fee was assessed on the same day as the payment due date XX/XX/XXXX, and the late fee was eventually credited back to the account even though payment was made and did not post until the next day XX/XX/XXXX. The following month the credit limit was reduced by {$100.00}. The other time the credit limit was reduced was in was in XXXX of XXXX. On XX/XX/XXXX ( the same day as the payment due date ) a late fee was assessed to the account even though a payment was made but did not post to the account until the next day XX/XX/XXXX. Then I received a letter from XXXX dated XX/XX/XXXX, stating that my credit limit would be reduced by another {$100.00}. Based on my research it seems the only time my account was reviewed was after a late fee was assessed and that the credit limit reduction is in retaliation and response to a late fee being assessed to the account. In the now dismissed collection lawsuit XXXX was asked in a discovery filing interrogatory to identify each and every time my account was allegedly reviewed. XXXX and their attorney XXXX XXXX failed to respond to the discovery request. The failure to respond to the discovery request is probably one of the factors that lead to the decision by XXXX XXXX to dismiss the lawsuit.
When XXXX conducted the review in XXXX of XXXX the XXXX XXXX XXXX credit card account was listed on my credit report as a negative item. XXXX was aware of this account being listed as a negative item on my credit report and did not use it as a reason or basis to not lower the credit limit {$100.00} instead, you used the reason number of account with high usage however, when you allegedly reviewed the account for renewal the XXXX XXXX being listed as a negative item on my credit report was used as a basis and reason for not renewing my account. When you conducted the review of my account in XXXX of XXXX, you were made aware of the XXXX XXXX account being a negative item on my credit report and instead of exercising your right to terminate use of the account without giving notice in advance ; unless we are required to give you notice by law. You also failed to explain why the decision was made to only lower the credit limit and how you determined the amount to lower the credit limit. This was addressed in the Interrogatories that were filed in the now dismissed lawsuit against me. In other words you failed to mitigate you damages. You will have to explain this in court.
You allegedly reviewed the account again XXXX of XXXX, and then sent a letter dated XX/XX/XXXX, that my account would not be renewed beyond the expiration of the card. This time the XXXX XXXX XXXX credit card account being a negative item on my credit report was used as a reason to not renew my account beyond the expiration date of the card. You will have to explain this in the event of any refilling or relitigating of this case. XXXX XXXX is aware of this because it was included in the answer to the now dismissed collection lawsuit.
This alleged review was conducted approximately nine months prior to the cards expiration and notice was not sent to me until approximately eight months prior to the cards expiration.
According to the XX/XX/XXXX, XXXX XXXX letter that talks about XXXX conducting reviews of accounts the letter also states Under federal law, we must determine the applicants ability to repay credit. My account was left open and not closed until XX/XX/XXXX. After XXXX determined that I no longer qualified for the account and or no longer had the ability to repay credit my account was left open and XXXX allowed me to use the account until the expiration date. This will be a problem for XXXX in the event of any litigation because you as a plaintiff have a duty and responsibility to mitigate your damages. As your agents, employees, and representatives love to cite the customer agreement that we have the right to limit or terminate use of your account without giving you notice in advance ; unless we are required to give you notice by law. You will be required to explain this in the event of any refiling or relitigating of this case. You will have to explain why you made the decision approximately nine months prior to the cards expiration and why you left the account open and allowed continued use of the card after determining that I no longer had the ability to repay credit until the card expired. This was included in the answer to the now dismissed collection lawsuit and XXXX XXXX is aware of this. Additionally, you charged {$41.00} late fees and interest for six months and then charged the account off after six months of receiving no payments because you were required to do so by law. If you determine that someone no longer has the ability to repay credit how is charging that person {$41.00} in late fees for six months or {$240.00} in late fees and interest going to incentivize or get someone to pay when they no longer have the ability to repay credit?
The aforementioned issued are also addressed in the discovery request that were filed in the now dismissed collection lawsuit and you nor your attorney XXXX XXXX responded to the discovery request.
You have repeatedly rejected any request by me to settle this case for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me. In the event of any refiling or renewal of this case, you may have to have to explain why you reject the request and then made a settlement offer in XXXX of XXXX giving me until XX/XX/XXXX, to respond. The letter also indicates if I choose not to accept the offer there may be other opportunities to settle may be available at a later date. And once again in a XXXX of XXXX correspondence by XXXX XXXX reject any offer to settle this account for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me.
You also failed to make any reasonable efforts to collect this alleged debt and artificially inflated the balance with unnecessary interest, fees, and penalties. Then you made a settlement offer at the end of XXXX and approximately one month prior to you being required by law to charge off the account and when the late fees and interest stop.
You issued a XXXX store credit card that can only be used at XXXX. When the account was opened the credit limit was {$800.00}. The credit limit has now been reduced to {$100.00}. The card has no expiration date and is still active. In the event of any renewal or refiling of the XXXX XXXX case you may have to explain this. Specifically, if I dont qualify and or dont have the ability to repay credit on the XXXX XXXX account how do you expect me to repay credit on this account and why you have not closed this account. This is a valid issue and defense. This information was included in the answer to the previous lawsuit that has since been dismissed. XXXX XXXX is and should be aware of this.
You have lied about and denied and continue to deny and ignore the fact that the decision not renew the account is in retaliation to a dispute I had with XXXX ( which you were a subsidiary of ) regarding a XXXX XXXX XXXX credit card account even though the available evidence supports my claim of retaliation. First, we have the fact that my credit limit was reduced on two occasions as a result of and in retaliation to late fees being assessed to my account. Second, we have the fact that the XXXX XXXX account being listed on my credit report as a negative item ( i.e., the serious delinquency item listed on my credit report reason ) on my credit report and was used as a reason for not renewing my account and included in the letter dated XX/XX/XXXX, informing me that my account would not account would not be renewed. Finally, we have the fact the XXXX ( which XXXX is or was a subsidiary of and has now merged with XXXX ) closed and refused to renew my XXXX XXXX XXXX credit card account and flat out admitted it was due to a to a charge-off of the XXXX XXXX account. I am not asking you to address issues or concerns regarding other accounts but just merely stating the facts and using this information to prove my point or position.
You have also omitted other important information from your correspondences with me, the CFPB, and the XXXX
In your XX/XX/XXXX, letter by XXXX XXXX, you state Our review of your account found the statement with the closing date of XX/XX/XXXX, your account had a balance of {$1400.00} with a minimum payment of {$44.00} due by XX/XX/XXXX. No payment was received for this balance and in accordance with the terms of the credit card agreement, each month the required minimum payment due was not received, the account was charged a late fee and interest charge. This continued until the account balance reach {$1900.00} and charged off on XX/XX/XXXX. This is somewhat misleading because you omit the fact that you are required by law to charge-off an account after you have not received any payments and the account is past due for over 180 days or six months.
You also omit and fail to admit or mention that the account was closed and could not be used by me but not charged off so that you can continue to act as if the account is still open and assess late fees, penalties, and interest until the balance is paid in full because once the account is charged off ( after 180 days or six months ) the late fees and interest must stop. You wanted the ability to still assess late fees, penalties, and interest to the account. This was discussed and addressed by the answer to the now dismissed lawsuit and you will have to have to explain this in the event of any new litigation. You seem to have forgotten that I can demand a jury trial. Do you think that going in front of a jury and demanding that they give you late fees and interest for six months just because you can charge those fees when you made little to no effort to collect this alleged debt and after you determined that I no longer had the ability to repay credit. What are you are you accomplishing by charging by charging interest and late fees for six months just because you can and until you are required to charge off the account?
In the event of any renewal or refiling of your claim the answer will be amended to include the fact this is your second attempt at filing the same claim against me and that you are subject to XXXX. XXXX. The discovery request will also be refiled. You should also be aware that some judges have issued standing orders and instructions regarding how cases are handled by that particular judge. One example is State Court of XXXX XXXX XXXX XXXX XXXX XXXX. Section seven of the order addresses extension of time and section seven addresses discovery. Extensions of time for discovery will be granted only upon consent motion or in exceptional cases in which the parties promptly commence and diligently pursue discovery yet are unable to complete discovery in the timeframe set forth above due to circumstances not reasonably anticipated at the time that the parties prepare and submit the Scheduling Order. Any motion for an extension of time for discovery must be filed with the Court prior to the expiration of the existing discovery period. A copy of the standing order is attached for your review. This case was NOT assigned to XXXX XXXX and this order did not apply. You are required to respond to the discovery request truthfully and accurately within the timeframe provided by law. Failure to respond or to respond truthfully and accurately could result in you having to pay expenses incurred by me to prove that you did not respond truthfully and accurately and any failure to respond at all could result in a motion to compel. XXXX XXXX is aware of this fact. This case has already been filed and then dismissed. If the case is refiled and then dismissed voluntarily again that will serve as an adjudication upon the merits ( and is the same as a dismissal with prejudice ) XXXX XXXX XXXX a ) ( 3 ). In other words, you will be prohibited by law from filing any additional lawsuits, claims, or actions, regarding this account and alleged debt and then would have no means to collect this alleged debt and no remedies available to you. It would be a violation of the FDCPA for any debt collector to threaten to take any action that can not legally be taken or that is not intended to be taken 15 U.S.C. 1692e ( 5 ) or the use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer 15 U.S.C. 1692e ( 10 ).
As previously stated, XXXX XXXX was sent a validation request on XX/XX/XXXX and it was received by them on XX/XX/XXXX. As of the date of this letter, no response other than the attorney acknowledging receipt of the request and stating that they are gathering the requested information and documents.
XXXX XXXX is also aware of the previous lawsuit and will have to decide whether or not they will renew or refile this claim. Factors that could affect their decision include the failure to respond to the discovery request in the previous case and the defenses I have raised and outlined in this letter. You are not taking this fact into consideration when denying my request to delete this account from my credit report.
You should be aware that XXXX XXXX and the State Court of XXXX XXXX XXXX of Georgia have copies of all of your correspondence and communications with me, the CFPB, and the XXXX except any that were received after the case was dismissed. The documents were provided to the court by me because they were attached to the answer as exhibits. In the event of any new litigation all communications received after the answer was filed will be attached as exhibits to an amended answer. You should also be aware that any documents filed with the court are public records and can be made available to anyone who request them provided they pay any fees imposed by the court or court clerks office for researching and printing of the request documents. The State Court of Cobb County State of Georgia also uses an online system XXXX XXXX XXXXXXXX to file cases and to obtain documents filed in cases if available. Anyone can register and create a peachcourt account and obtain copies documents filed in cases if available for a per item fee. Attorneys are required to file all cases online using the peachcourt website. Attorneys will have unlimited access to all of the documents available on and through the peachcourt website. You also may use XXXX XXXX XXXX to look up information regarding cases. This is a free service for anyone to use and you dont have to register. This site will not provide you with access to documents filed in the case and will only provide you with a list of any actions, events, or filings in the case. If you were to hire a new attorney, you must make them aware of the fact that you previously filed a lawsuit and then dismissed it approximately three months later and the fact they you and your attorney failed to respond to the discovery request then that attorney will make a decision whether or not to represent you or not. If you fail to inform the attorney and provide the attorney with all information regarding the case and account and withhold or omit information the attorney could withdraw from your case and or dismiss any pending court action/litigation. In this case it would be a second notice of dismissal and would serve or operate as an adjudication upon the merits and would be the same as a dismissal with prejudice XXXX. 9-11-41 ( a ) ( 3 ).
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| 12/22/2022 |
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- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Problem with a credit reporting company's investigation into an existing problem
- Their investigation did not fix an error on your report
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On or about XX/XX/XXXX, I received a dunning/collection letter from XXXX XXXX regarding the XXXX XXXX XXXX credit card account On XX/XX/XXXX, Defendant mailed a debt validation request to XXXX XXXX via certified mail tracking number XXXX.
On XX/XX/XXXX, XXXX XXXX received my debt validation request.
I never received a response to my validation request which may be a violation of the FDCPA and 12 C.F.R. 106.34 ( a ) ( 1 ) and instead XXXX XXXX filed suit instead of responding.
On XX/XX/XXXX, XXXX XXXX filed this civil suit/action against me on behalf of XXXX XXXX XXXX XXXX in the State Court of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX On XX/XX/XXXX, I filed an answer to the lawsuit/complaint along with discovery motions/request Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions. A copy of the Answer along with the discovery request was sent to you via certified mail tracking number XXXX. A copy of the Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions.
According to the post office, the package picked up at a postal facility by your agent, representative, or employee at XXXX XXXX on XX/XX/XXXX.
The thirty days to respond to the discovery request started on XX/XX/XXXX, and ended on XX/XX/XXXX.
I never received a response to the discovery request.
Pursuant to Georgia law O.C.G.A 9-11-33 ( a ) ( 2 ), 9-11-34 ( b ) ( 2 ), and 9-11-36 ( a ) ( 2 ), the party upon whom the discovery has been served shall serve a copy of the answers, and objections if any, within thirty ( 30 ) days after the service of the discovery request, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time at the courts discretion. The party submitting the interrogatories may move for an order under subsection ( a ) of Code Section 9-11-37 with respect to any objection to or other failure to answer any discovery motion/request.
Pursuant to O.C.G.A. 9-11-36 ( a ) ( 2 ) The matter is admitted unless, within 30 days after service of the request or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney. Any matter admitted under this Code section is conclusively established unless the court, on motion, permits withdrawal or amendment of the admission O.C.G.A. 9-11-36 ( b ).
On XX/XX/XXXX, and XX/XX/XXXX. XXXX, I reached out to XXXX XXXX office by e-mail pursuant to rule 6.4 ( b ) and prior to filing a motion to compel pursuant to O.C.G.A. 9-11-37.
On XX/XX/XXXX, I mailed a certified letter ( tracking number XXXX ) to XXXX XXXX office and the letter was delivered and received by your office on XXXX, XXXX.
On XX/XX/XXXX, XXXX XXXX filed for voluntary dismissal without prejudice in the XXXX XXXX XXXX XXXX XXXX Georgia XXXX XXXX XXXX No XXXX.
Now on XX/XX/XXXX, I received a dunning letter from XXXX XXXX listing XXXX XXXX. instead of XXXX XXXX XXXX XXXX or ( XXXX ) as the creditor. This is the same claim or action just listing a different creditor.
On XX/XX/XXXX, I mailed a second request for validation to XXXX XXXX via certified mail tracking number XXXX. According to the post office the item was delivered on XX/XX/XXXX.
On XX/XX/XXXX, I received an e-mail from one of XXXX XXXX attorneys confirming receipt of the validation request.
Good afternoon, Our office is in receipt of your request and is gathering the requested documents for your review.
XXXX XXXX XXXX, XXXX.
Lead Litigation GA Attorney XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, GA XXXX Phone : XXXX Ex. XXXX Fax : XXXX XXXX THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
PRIVILEGE AND CONFIDENTIALITY NOTICE : This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by XXXX XXXX XXXX XXXX for damage arising in any way from its use.
XXXX XXXX is a debt collector as defined by the Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692a ( 6 ) and is required to comply with the FDCPA.
If the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, or that the consumer request the name and address of the original creditor, the debt collector must cease collection of the debt, or any portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector 15 U.S.C. 1692g ( b ).
The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer 15 U.S.C. 1692g ( c ).
As of the date of this letter, no response or validation/verification has been received by me.
Any failure by XXXX XXXX to comply with or any violation of the FDCPA by XXXX XXXX XXXX result in XXXX XXXX being subject to civil liability as outlined in 15 U.S.C. 1692k.
XXXX XXXX was notified and is aware that this is a second attempt to collect this alleged debt for the same account with XXXX XXXX XXXX XXXX XXXX XXXX ) which is a subsidiary of XXXX XXXX and that as of XX/XX/XXXX, XXXX has merged with XXXX.
Any refiling or renewing of a case would be subject to O.C.G.A. 9-2-61 and O.C.G.A. 9-11-41.
XXXX XXXX has received two requests for validation and has failed to respond to both of them. XXXX XXXX has had approximately ten months to respond to my request for validation. Dont you think if XXXX XXXX intended to collect this alleged debt that they would have responded to the validation request a required by law by now?
As of the date of this letter, there has been no refiling of any lawsuit against me to collect this alleged debt. XXXX XXXX would have to consider all the things discussed in this letter when deciding whether or not it wants to refile the case in any court. XXXX XXXX would have to consider that if the Request for Admissions in the previous and now dismissed lawsuit is deemed admitted pursuant to Pursuant to O.C.G.A. 9-11-36 ( a ) ( 2 ) and O.C.G.A. 9-11-36 ( b ) then it will be difficult for you or XXXX XXXX to pursue a new claim because if certain admissions are deemed admitted then you will probably lose your case. XXXX XXXX is aware of this fact. XXXX XXXX had the option to motion the court to allow withdrawal of the admission and or work with me to resolve any issues with discovery instead XXXX XXXX chose to dismiss the lawsuit. In the event of any renewal or refiling of any lawsuit, XXXX XXXX would essentially be refiling the same claim involving the same parties. If you or your attorney admitted the previous case away for failing to respond, then it will be difficult to refile the case and win or be successful. It seems as if you dont think about this or take this into consideration when deciding not to delete this account from my credit report.
Because you disagree with the decisions made by XXXX XXXX, the laws of the State of Georgia, and the information that you have been provided is not reason or grounds for you to dismiss and ignore the information that you have been provided and make decision based on your personal ideology or beliefs under the guise of some unnamed/specified law, government regulation, or company policy where you do state the specific law and section of the law, the specific government regulation, or provide a copy of the company policy you are citing and relying upon. You only provide a selective cursory response on items that you want to respond to and its like your response is scripted. Additionally, it seems that you copy and paste previous responses.
You position is As a credit provider, we are obligated to report the account accurately to the credit reporting agencies. This statement is designed to end any discussion regarding credit reporting and to justify not removing an item from a credit report and is misleading, while you are required by law to report accurate information to the credit reporting agencies, you are not required to report account to the credit reporting agencies. It seems as if this statement is crafted to make any credit reporting dispute go away. This statement also suggests that you have some kind of moral or ethical obligation and not a legal obligation to report this account to a credit bureau and suggest your decision not to delete this account from the credit report is a moral decision and not a legal one.
XXXX own customer agreement for the credit card states " We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. We may report account information in your name and the names of authorized users. We may also obtain follow-up credit reports on you. If you think we reported incorrect information to a credit bureau, write us at the Customer Service address on the billing statement. We will investigate the matter. We will then tell you if we agree or disagree with you. If we agree with you, we will contact each credit bureau to which we reported and request a correction. If we disagree with you, we will tell you that. '' The card agreement states that XXXX can report information about a consumer and the account to a credit bureau if XXXX chooses to do so however, the card agreement does not prohibit XXXX from updating or removing information about a consumer from a consumers credit file. Additionally, if XXXX were to assign or sell this account to a debt buyer or collection agency and that debt buyer or collection agency reported this account to the credit bureau, XXXX would be obligated or required by the FCRA to remove the account from my credit report because the FCRA prohibits duplicate accounts, or the same information or account being reported multiple times on a consumers credit report. XXXX also fails or neglects to mention that some debt collectors will offer to delete the account from a consumers credit report in exchange for payment especially if it is written in any settlement agreement or consent order. XXXX does not want to admit that credit reporting is nothing more than a debt collection tactic or practice which it sometimes uses to extort money ( in some cases more money than Plaintiff is entitled to ) out of consumers ( i.e. either pay us what we claim you owe us or well ruin your credit for seven years ). It seems XXXX as is not prohibited by contract, government regulations, or the law from removing Defendants account from his credit report with the three major credit bureaus out of revenge and spite because XXXX did not get the outcome XXXX wanted in the XXXX XXXX case and XXXX ( which is a subsidiary of XXXX ) most likely will not achieve the outcome XXXX desires in the XXXX XXXX XXXX credit card account case and some kind of righteous duty with the intent to annoy, harass, intimidate, embarrass, and humiliate me and is nothing more than an effort to make it difficult for me to apply for and/or obtain credit or to have to pay a higher interest rate if offered a line of credit is preventing XXXX from removing this account from Defendants credit report with the three major credit bureaus.
If it is XXXX position that you are prohibited by law or government regulation from removing this account from my credit report, then you should have to identify any specific section of the FCRA or any other law or government regulation that would prohibit you from removing this account from my credit report and to provide any other information that you are relying upon. Based upon my information 15 U.S.C. 1681i and 15 U.S.C. 1681s-2 ( b ) there is no law or government regulation that would prohibit XXXX from removing this account from my credit report. I have requested this information previously and XXXX has refused to respond and only wants to respond to what it determines or decides it wants to respond to or address. This was also requested by me in the now dismissed collection lawsuit.
It also seems that your decision is not based on the law but an alleged company policy. I would ask that you provide a full and complete copy of the policy you are referencing in your previous communications. Please dont carelessly or mindlessly state that the information requested is confidential and proprietary business information and can not be disclosed. In the event of any refiling of any lawsuit regarding this account and alleged debt I will include the request for this information in a Request for the Production of Documents pursuant to O.C.G.A. 9-11-33. Any failure to respond appropriately to any discovery request is subject to a motion to compel pursuant to O.C.G.A. 9-11-37.
XXXX has not been truthful in their previous responses to the CFPB and the XXXX and there will be potential problems for you in the event of any refiling or renewing of this case.
In your previous correspondence you claim that XXXX regularly reviews credit report data to determine if cardholders continue to qualify for their accounts. You also claim, " XXXX credit card account are reviewed on a regular basis to determine if an adjustment to the accounts credit limit is needed and to ensure the customer still meets the established eligibility requirements to maintain the card. You refuse to provide the eligibility requirements and credit criteria claiming, Our credit criteria is proprietary business information and can not be disclosed. I do not believe that you review accounts on a regular basis as you claim in your correspondence.
On two occasions my credit limit was lowered as a result of your so-called review of my account which you claim that my credit limit was reduced due to the number of revolving accounts with high usage. This is not the whole and complete truth. XXXX has omitted an important fact that in XXXX of XXXX a late fee was assessed on the same day as the payment due date XX/XX/XXXX, and the late fee was eventually credited back to the account even though payment was made and did not post until the next day XX/XX/XXXX. The following month the credit limit was reduced by {$100.00}. The other time the credit limit was reduced was in was in XXXX of XXXX. On XX/XX/XXXX ( the same day as the payment due date ) a late fee was assessed to the account even though a payment was made but did not post to the account until the next day XX/XX/XXXX. Then I received a letter from XXXX dated XX/XX/XXXX, stating that my credit limit would be reduced by another {$100.00}. Based on my research it seems the only time my account was reviewed was after a late fee was assessed and that the credit limit reduction is in retaliation and response to a late fee being assessed to the account. In the now dismissed collection lawsuit XXXX was asked in a discovery filing interrogatory to identify each and every time my account was allegedly reviewed. XXXX and their attorney XXXX XXXX failed to respond to the discovery request. The failure to respond to the discovery request is probably one of the factors that lead to the decision by XXXX XXXX to dismiss the lawsuit.
When XXXX conducted the review in XXXX of XXXX the XXXX XXXX XXXX credit card account was listed on my credit report as a negative item. XXXX was aware of this account being listed as a negative item on my credit report and did not use it as a reason or basis to not lower the credit limit {$100.00} instead, you used the reason number of account with high usage however, when you allegedly reviewed the account for renewal the XXXX XXXX being listed as a negative item on my credit report was used as a basis and reason for not renewing my account. When you conducted the review of my account in XXXX of XXXX, you were made aware of the XXXX XXXX account being a negative item on my credit report and instead of exercising your right to terminate use of the account without giving notice in advance ; unless we are required to give you notice by law. You also failed to explain why the decision was made to only lower the credit limit and how you determined the amount to lower the credit limit. This was addressed in the Interrogatories that were filed in the now dismissed lawsuit against me. In other words you failed to mitigate you damages. You will have to explain this in court.
You allegedly reviewed the account again XXXX of XXXX, and then sent a letter dated XX/XX/XXXX, that my account would not be renewed beyond the expiration of the card. This time the XXXX XXXX XXXX credit card account being a negative item on my credit report was used as a reason to not renew my account beyond the expiration date of the card. You will have to explain this in the event of any refilling or relitigating of this case. XXXX XXXX is aware of this because it was included in the answer to the now dismissed collection lawsuit.
This alleged review was conducted approximately nine months prior to the cards expiration and notice was not sent to me until approximately eight months prior to the cards expiration.
According to the XX/XX/XXXX, XXXX XXXX letter that talks about XXXX conducting reviews of accounts the letter also states Under federal law, we must determine the applicants ability to repay credit. My account was left open and not closed until XX/XX/XXXX. After XXXX determined that I no longer qualified for the account and or no longer had the ability to repay credit my account was left open and XXXX allowed me to use the account until the expiration date. This will be a problem for XXXX in the event of any litigation because you as a plaintiff have a duty and responsibility to mitigate your damages. As your agents, employees, and representatives love to cite the customer agreement that we have the right to limit or terminate use of your account without giving you notice in advance ; unless we are required to give you notice by law. You will be required to explain this in the event of any refiling or relitigating of this case. You will have to explain why you made the decision approximately nine months prior to the cards expiration and why you left the account open and allowed continued use of the card after determining that I no longer had the ability to repay credit until the card expired. This was included in the answer to the now dismissed collection lawsuit and XXXX XXXX is aware of this. Additionally, you charged {$41.00} late fees and interest for six months and then charged the account off after six months of receiving no payments because you were required to do so by law. If you determine that someone no longer has the ability to repay credit how is charging that person {$41.00} in late fees for six months or {$240.00} in late fees and interest going to incentivize or get someone to pay when they no longer have the ability to repay credit?
The aforementioned issued are also addressed in the discovery request that were filed in the now dismissed collection lawsuit and you nor your attorney XXXX XXXX responded to the discovery request.
You have repeatedly rejected any request by me to settle this case for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me. In the event of any refiling or renewal of this case, you may have to have to explain why you reject the request and then made a settlement offer in XXXX of XXXX giving me until XX/XX/XXXX, to respond. The letter also indicates if I choose not to accept the offer there may be other opportunities to settle may be available at a later date. And once again in a XXXX of XXXX correspondence by XXXX XXXX reject any offer to settle this account for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me.
You also failed to make any reasonable efforts to collect this alleged debt and artificially inflated the balance with unnecessary interest, fees, and penalties. Then you made a settlement offer at the end of XXXX and approximately one month prior to you being required by law to charge off the account and when the late fees and interest stop.
You issued a XXXX store credit card that can only be used at XXXX. When the account was opened the credit limit was {$800.00}. The credit limit has now been reduced to {$100.00}. The card has no expiration date and is still active. In the event of any renewal or refiling of the XXXX XXXX case you may have to explain this. Specifically, if I dont qualify and or dont have the ability to repay credit on the XXXX XXXX account how do you expect me to repay credit on this account and why you have not closed this account. This is a valid issue and defense. This information was included in the answer to the previous lawsuit that has since been dismissed. XXXX XXXX is and should be aware of this.
You have lied about and denied and continue to deny and ignore the fact that the decision not renew the account is in retaliation to a dispute I had with XXXX ( which you were a subsidiary of ) regarding a XXXX XXXX XXXX credit card account even though the available evidence supports my claim of retaliation. First, we have the fact that my credit limit was reduced on two occasions as a result of and in retaliation to late fees being assessed to my account. Second, we have the fact that the XXXX XXXX account being listed on my credit report as a negative item ( i.e., the serious delinquency item listed on my credit report reason ) on my credit report and was used as a reason for not renewing my account and included in the letter dated XX/XX/XXXX, informing me that my account would not account would not be renewed. Finally, we have the fact the XXXX ( which XXXX is or was a subsidiary of and has now merged with XXXX ) closed and refused to renew my XXXX XXXX XXXX credit card account and flat out admitted it was due to a to a charge-off of the XXXX XXXX account. I am not asking you to address issues or concerns regarding other accounts but just merely stating the facts and using this information to prove my point or position.
You have also omitted other important information from your correspondences with me, the CFPB, and the XXXX.
In your XX/XX/XXXX, letter by XXXX XXXX, you state Our review of your account found the statement with the closing date of XX/XX/XXXX, your account had a balance of {$1400.00} with a minimum payment of {$44.00} due by XX/XX/XXXX. No payment was received for this balance and in accordance with the terms of the credit card agreement, each month the required minimum payment due was not received, the account was charged a late fee and interest charge. This continued until the account balance reach {$1900.00} and charged off on XX/XX/XXXX. This is somewhat misleading because you omit the fact that you are required by law to charge-off an account after you have not received any payments and the account is past due for over 180 days or six months.
You also omit and fail to admit or mention that the account was closed and could not be used by me but not charged off so that you can continue to act as if the account is still open and assess late fees, penalties, and interest until the balance is paid in full because once the account is charged off ( after 180 days or six months ) the late fees and interest must stop. You wanted the ability to still assess late fees, penalties, and interest to the account. This was discussed and addressed by the answer to the now dismissed lawsuit and you will have to have to explain this in the event of any new litigation. You seem to have forgotten that I can demand a jury trial. Do you think that going in front of a jury and demanding that they give you late fees and interest for six months just because you can charge those fees when you made little to no effort to collect this alleged debt and after you determined that I no longer had the ability to repay credit. What are you are you accomplishing by charging by charging interest and late fees for six months just because you can and until you are required to charge off the account?
In the event of any renewal or refiling of your claim the answer will be amended to include the fact this is your second attempt at filing the same claim against me and that you are subject to O.C.G.A. 9-11-41. The discovery request will also be refiled. You should also be aware that some judges have issued standing orders and instructions regarding how cases are handled by that particular judge. One example is State Court of XXXX XXXX XXXX XXXX XXXX XXXX. Section seven of the order addresses extension of time and section seven addresses discovery. Extensions of time for discovery will be granted only upon consent motion or in exceptional cases in which the parties promptly commence and diligently pursue discovery yet are unable to complete discovery in the timeframe set forth above due to circumstances not reasonably anticipated at the time that the parties prepare and submit the Scheduling Order. Any motion for an extension of time for discovery must be filed with the Court prior to the expiration of the existing discovery period. A copy of the standing order is attached for your review. This case was NOT assigned to XXXX XXXX and this order did not apply. You are required to respond to the discovery request truthfully and accurately within the timeframe provided by law. Failure to respond or to respond truthfully and accurately could result in you having to pay expenses incurred by me to prove that you did not respond truthfully and accurately and any failure to respond at all could result in a motion to compel. XXXX XXXX is aware of this fact. This case has already been filed and then dismissed. If the case is refiled and then dismissed voluntarily again that will serve as an adjudication upon the merits ( and is the same as a dismissal with prejudice ) O.C.G.A. 9-11-41 ( a ) ( 3 ). In other words, you will be prohibited by law from filing any additional lawsuits, claims, or actions, regarding this account and alleged debt and then would have no means to collect this alleged debt and no remedies available to you. It would be a violation of the FDCPA for any debt collector to threaten to take any action that can not legally be taken or that is not intended to be taken 15 U.S.C. 1692e ( 5 ) or the use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer 15 U.S.C. 1692e ( 10 ).
As previously stated, XXXX XXXX was sent a validation request on XX/XX/XXXX and it was received by them on XX/XX/XXXX. As of the date of this letter, no response other than the attorney acknowledging receipt of the request and stating that they are gathering the requested information and documents.
XXXX XXXX is also aware of the previous lawsuit and will have to decide whether or not they will renew or refile this claim. Factors that could affect their decision include the failure to respond to the discovery request in the previous case and the defenses I have raised and outlined in this letter. You are not taking this fact into consideration when denying my request to delete this account from my credit report.
You should be aware that XXXX XXXX and the State Court of Cobb County State of Georgia have copies of all of your correspondence and communications with me, the CFPB, and the XXXX except any that were received after the case was dismissed. The documents were provided to the court by me because they were attached to the answer as exhibits. In the event of any new litigation all communications received after the answer was filed will be attached as exhibits to an amended answer. You should also be aware that any documents filed with the court are public records and can be made available to anyone who request them provided they pay any fees imposed by the court or court clerks office for researching and printing of the request documents. The XXXX XXXX XXXX XXXX XXXX XXXX of Georgia also uses an online system XXXX XXXX XXXX to file cases and to obtain documents filed in cases if available. Anyone can register and create a peachcourt account and obtain copies documents filed in cases if available for a per item fee. Attorneys are required to file all cases online using the peachcourt website. Attorneys will have unlimited access to all of the documents available on and through the peachcourt website. You also may use XXXX XXXX XXXX to look up information regarding cases. This is a free service for anyone to use and you dont have to register. This site will not provide you with access to documents filed in the case and will only provide you with a list of any actions, events, or filings in the case. If you were to hire a new attorney, you must make them aware of the fact that you previously filed a lawsuit and then dismissed it approximately three months later and the fact they you and your attorney failed to respond to the discovery request then that attorney will make a decision whether or not to represent you or not. If you fail to inform the attorney and provide the attorney with all information regarding the case and account and withhold or omit information the attorney could withdraw from your case and or dismiss any pending court action/litigation. In this case it would be a second notice of dismissal and would serve or operate as an adjudication upon the merits and would be the same as a dismissal with prejudice O.C.G.A. 9-11-41 ( a ) ( 3 ).
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| 12/22/2022 |
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- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Problem with a credit reporting company's investigation into an existing problem
- Their investigation did not fix an error on your report
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On or about XX/XX/XXXX, I received a dunning/collection letter from XXXX XXXX regarding the XXXX XXXX XXXX credit card account On XX/XX/XXXX, Defendant mailed a debt validation request to XXXX XXXX via certified mail tracking number XXXX.
On XX/XX/XXXX, XXXX XXXX received my debt validation request.
I never received a response to my validation request which may be a violation of the FDCPA and 12 C.F.R. 106.34 ( a ) ( 1 ) and instead XXXX XXXX filed suit instead of responding.
On XX/XX/XXXX, XXXX XXXX filed this civil suit/action against me on behalf of Department XXXX XXXX XXXX in the State Court of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX On XX/XX/XXXX, I filed an answer to the lawsuit/complaint along with discovery motions/request Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions. A copy of the Answer along with the discovery request was sent to you via certified mail tracking number XXXX. A copy of the Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions.
According to the post office, the package picked up at a postal facility by your agent, representative, or employee at XXXX XXXX on XX/XX/XXXX.
The thirty days to respond to the discovery request started on XX/XX/XXXX, and ended on XX/XX/XXXX.
I never received a response to the discovery request.
Pursuant to Georgia law O.C.G.A 9-11-33 ( a ) ( 2 ), 9-11-34 ( b ) ( 2 ), and 9-11-36 ( a ) ( 2 ), the party upon whom the discovery has been served shall serve a copy of the answers, and objections if any, within thirty ( 30 ) days after the service of the discovery request, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time at the courts discretion. The party submitting the interrogatories may move for an order under subsection ( a ) of Code Section 9-11-37 with respect to any objection to or other failure to answer any discovery motion/request.
Pursuant to O.C.G.A. 9-11-36 ( a ) ( 2 ) The matter is admitted unless, within 30 days after service of the request or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney. Any matter admitted under this Code section is conclusively established unless the court, on motion, permits withdrawal or amendment of the admission O.C.G.A. 9-11-36 ( b ).
On XX/XX/XXXX, and XX/XX/XXXX. XXXX, I reached out to XXXX XXXX office by e-mail pursuant to rule 6.4 ( b ) and prior to filing a motion to compel pursuant to O.C.G.A. 9-11-37.
On XX/XX/XXXX, I mailed a certified letter ( tracking number XXXX ) to XXXX XXXX office and the letter was delivered and received by your office on XXXX, XXXX.
On XX/XX/XXXX, XXXX XXXX filed for voluntary dismissal without prejudice in the XXXX XXXX XXXX XXXX XXXX Georgia XXXX XXXX XXXX No XXXX.
Now on XX/XX/XXXX, I received a dunning letter from XXXX XXXX listing XXXX XXXX. instead of XXXX XXXX XXXX Bank or ( XXXX ) as the creditor. This is the same claim or action just listing a different creditor.
On XX/XX/XXXX, I mailed a second request for validation to XXXX XXXX via certified mail tracking number XXXX. According to the post office the item was delivered on XX/XX/XXXX.
On XX/XX/XXXX, I received an e-mail from one of XXXX XXXX attorneys confirming receipt of the validation request.
Good afternoon, Our office is in receipt of your request and is gathering the requested documents for your review.
XXXX XXXX XXXX, XXXX.
Lead Litigation GA Attorney XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, GA XXXX Phone : XXXX Ex. XXXX Fax : XXXX XXXX THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
PRIVILEGE AND CONFIDENTIALITY NOTICE : This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by XXXX XXXX XXXX XXXX for damage arising in any way from its use.
XXXX XXXX is a debt collector as defined by the Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692a ( 6 ) and is required to comply with the FDCPA.
If the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, or that the consumer request the name and address of the original creditor, the debt collector must cease collection of the debt, or any portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector 15 U.S.C. 1692g ( b ).
The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer 15 U.S.C. 1692g ( c ).
As of the date of this letter, no response or validation/verification has been received by me.
Any failure by XXXX XXXX to comply with or any violation of the FDCPA by XXXX XXXX may result in XXXX XXXX being subject to civil liability as outlined in 15 U.S.C. 1692k.
XXXX XXXX was notified and is aware that this is a second attempt to collect this alleged debt for the same account with XXXX XXXX XXXX XXXX ( XXXX ) which is a subsidiary of XXXX XXXX and that as of XX/XX/XXXX, XXXX has merged with XXXX.
Any refiling or renewing of a case would be subject to XXXX. XXXX and XXXX XXXX.
XXXX XXXX has received two requests for validation and has failed to respond to both of them. XXXX XXXX has had approximately ten months to respond to my request for validation. Dont you think if XXXX XXXX XXXX to collect this alleged debt that they would have responded to the validation request a required by law by now?
As of the date of this letter, there has been no refiling of any lawsuit against me to collect this alleged debt. XXXX XXXX would have to consider all the things discussed in this letter when deciding whether or not it wants to refile the case in any court. XXXX XXXX would have to consider that if the Request for Admissions in the previous and now dismissed lawsuit is deemed admitted pursuant to XXXX to XXXX. XXXX ( a ) ( XXXX ) and XXXX XXXXXXXX ( b ) then it will be difficult for you or XXXX XXXX to pursue a new claim because if certain admissions are deemed admitted then you will probably lose your case. XXXX XXXX is aware of this fact. XXXX XXXX had the option to motion the court to allow withdrawal of the admission and or work with me to resolve any issues with discovery instead XXXX XXXX chose to dismiss the lawsuit. In the event of any renewal or refiling of any lawsuit, XXXX XXXX would essentially be refiling the same claim involving the same parties. If you or your attorney admitted the previous case away for failing to respond, then it will be difficult to refile the case and win or be successful. It seems as if you dont think about this or take this into consideration when deciding not to delete this account from my credit report.
Because you disagree with the decisions made by XXXX XXXX, the laws of the State of Georgia, and the information that you have been provided is not reason or grounds for you to dismiss and ignore the information that you have been provided and make decision based on your personal ideology or beliefs under the guise of some unnamed/specified law, government regulation, or company policy where you do state the specific law and section of the law, the specific government regulation, or provide a copy of the company policy you are citing and relying upon. You only provide a selective cursory response on items that you want to respond to and its like your response is scripted. Additionally, it seems that you copy and paste previous responses.
You position is As a credit provider, we are obligated to report the account accurately to the credit reporting agencies. This statement is designed to end any discussion regarding credit reporting and to justify not removing an item from a credit report and is misleading, while you are required by law to report accurate information to the credit reporting agencies, you are not required to report account to the credit reporting agencies. It seems as if this statement is crafted to make any credit reporting dispute go away. This statement also suggests that you have some kind of moral or ethical obligation and not a legal obligation to report this account to a credit bureau and suggest your decision not to delete this account from the credit report is a moral decision and not a legal one.
XXXX own customer agreement for the credit card states " We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. We may report account information in your name and the names of authorized users. We may also obtain follow-up credit reports on you. If you think we reported incorrect information to a credit bureau, write us at the Customer Service address on the billing statement. We will investigate the matter. We will then tell you if we agree or disagree with you. If we agree with you, we will contact each credit bureau to which we reported and request a correction. If we disagree with you, we will tell you that. '' The card agreement states that XXXX can report information about a consumer and the account to a credit bureau if XXXX chooses to do so however, the card agreement does not prohibit XXXX from updating or removing information about a consumer from a consumers credit file. Additionally, if XXXX were to assign or sell this account to a debt buyer or collection agency and that debt buyer or collection agency reported this account to the credit bureau, XXXX would be obligated or required by the FCRA to remove the account from my credit report because the FCRA prohibits duplicate accounts, or the same information or account being reported multiple times on a consumers credit report. XXXX also fails or neglects to mention that some debt collectors will offer to delete the account from a consumers credit report in exchange for payment especially if it is written in any settlement agreement or consent order. XXXX does not want to admit that credit reporting is nothing more than a debt collection tactic or practice which it sometimes uses to extort money ( in some cases more money than Plaintiff is entitled to ) out of consumers ( i.e. either pay us what we claim you owe us or well ruin your credit for seven years ). It seems XXXX as is not prohibited by contract, government regulations, or the law from removing Defendants account from his credit report with the three major credit bureaus out of revenge and spite because XXXX did not get the outcome XXXX wanted in the XXXX XXXX case and XXXX ( which is a subsidiary of XXXX ) most likely will not achieve the outcome XXXX desires in the XXXX XXXX XXXX credit card account case and some kind of righteous duty with the intent to annoy, harass, intimidate, embarrass, and humiliate me and is nothing more than an effort to make it difficult for me to apply for and/or obtain credit or to have to pay a higher interest rate if offered a line of credit is preventing XXXX from removing this account from Defendants credit report with the three major credit bureaus.
If it is XXXX position that you are prohibited by law or government regulation from removing this account from my credit report, then you should have to identify any specific section of the FCRA or any other law or government regulation that would prohibit you from removing this account from my credit report and to provide any other information that you are relying upon. Based upon my information 15 U.S.C. 1681i and 15 U.S.C. 1681s-2 ( b ) there is no law or government regulation that would prohibit XXXX from removing this account from my credit report. I have requested this information previously and XXXX has refused to respond and only wants to respond to what it determines or decides it wants to respond to or address. This was also requested by me in the now dismissed collection lawsuit.
It also seems that your decision is not based on the law but an alleged company policy. I would ask that you provide a full and complete copy of the policy you are referencing in your previous communications. Please dont carelessly or mindlessly state that the information requested is confidential and proprietary business information and can not be disclosed. In the event of any refiling of any lawsuit regarding this account and alleged debt I will include the request for this information in a Request for the Production of Documents pursuant to XXXX. XXXX. Any failure to respond appropriately to any discovery request is subject to a motion to compel pursuant to XXXX. XXXX.
XXXX has not been truthful in their previous responses to the CFPB and the XXXX and there will be potential problems for you in the event of any refiling or renewing of this case.
In your previous correspondence you claim that XXXX regularly reviews credit report data to determine if cardholders continue to qualify for their accounts. You also claim, " XXXX credit card account are reviewed on a regular basis to determine if an adjustment to the accounts credit limit is needed and to ensure the customer still meets the established eligibility requirements to maintain the card. You refuse to provide the eligibility requirements and credit criteria claiming, Our credit criteria is proprietary business information and can not be disclosed. I do not believe that you review accounts on a regular basis as you claim in your correspondence.
On two occasions my credit limit was lowered as a result of your so-called review of my account which you claim that my credit limit was reduced due to the number of revolving accounts with high usage. This is not the whole and complete truth. XXXX has omitted an important fact that in XXXX of XXXX a late fee was assessed on the same day as the payment due date XX/XX/XXXX, and the late fee was eventually credited back to the account even though payment was made and did not post until the next day XX/XX/XXXX. The following month the credit limit was reduced by {$100.00}. The other time the credit limit was reduced was in was in XXXX of XXXX. On XX/XX/XXXX ( the same day as the payment due date ) a late fee was assessed to the account even though a payment was made but did not post to the account until the next day XX/XX/XXXX. Then I received a letter from XXXX dated XX/XX/XXXX, stating that my credit limit would be reduced by another {$100.00}. Based on my research it seems the only time my account was reviewed was after a late fee was assessed and that the credit limit reduction is in retaliation and response to a late fee being assessed to the account. In the now dismissed collection lawsuit XXXX was asked in a discovery filing interrogatory to identify each and every time my account was allegedly reviewed. XXXX and their attorney XXXX XXXX failed to respond to the discovery request. The failure to respond to the discovery request is probably one of the factors that lead to the decision by XXXX XXXX to dismiss the lawsuit.
When XXXX conducted the review in XXXX of XXXX the XXXX XXXX XXXX credit card account was listed on my credit report as a negative item. XXXX was aware of this account being listed as a negative item on my credit report and did not use it as a reason or basis to not lower the credit limit {$100.00} instead, you used the reason number of account with high usage however, when you allegedly reviewed the account for renewal the XXXX XXXX being listed as a negative item on my credit report was used as a basis and reason for not renewing my account. When you conducted the review of my account in XXXX of XXXX, you were made aware of the XXXX XXXX account being a negative item on my credit report and instead of exercising your right to terminate use of the account without giving notice in advance ; unless we are required to give you notice by law. You also failed to explain why the decision was made to only lower the credit limit and how you determined the amount to lower the credit limit. This was addressed in the Interrogatories that were filed in the now dismissed lawsuit against me. In other words you failed to mitigate you damages. You will have to explain this in court.
You allegedly reviewed the account again XXXX of XXXX, and then sent a letter dated XX/XX/XXXX, that my account would not be renewed beyond the expiration of the card. This time the XXXX XXXX XXXX credit card account being a negative item on my credit report was used as a reason to not renew my account beyond the expiration date of the card. You will have to explain this in the event of any refilling or relitigating of this case. XXXX XXXX is aware of this because it was included in the answer to the now dismissed collection lawsuit.
This alleged review was conducted approximately nine months prior to the cards expiration and notice was not sent to me until approximately eight months prior to the cards expiration.
According to the XX/XX/XXXX, XXXX XXXX letter that talks about XXXX conducting reviews of accounts the letter also states Under federal law, we must determine the applicants ability to repay credit. My account was left open and not closed until XX/XX/XXXX. After XXXX determined that I no longer qualified for the account and or no longer had the ability to repay credit my account was left open and XXXX allowed me to use the account until the expiration date. This will be a problem for XXXX in the event of any litigation because you as a plaintiff have a duty and responsibility to mitigate your damages. As your agents, employees, and representatives love to cite the customer agreement that we have the right to limit or terminate use of your account without giving you notice in advance ; unless we are required to give you notice by law. You will be required to explain this in the event of any refiling or relitigating of this case. You will have to explain why you made the decision approximately nine months prior to the cards expiration and why you left the account open and allowed continued use of the card after determining that I no longer had the ability to repay credit until the card expired. This was included in the answer to the now dismissed collection lawsuit and XXXX XXXX is aware of this. Additionally, you charged {$41.00} late fees and interest for six months and then charged the account off after six months of receiving no payments because you were required to do so by law. If you determine that someone no longer has the ability to repay credit how is charging that person {$41.00} in late fees for six months or {$240.00} in late fees and interest going to incentivize or get someone to pay when they no longer have the ability to repay credit?
The aforementioned issued are also addressed in the discovery request that were filed in the now dismissed collection lawsuit and you nor your attorney XXXX XXXX responded to the discovery request.
You have repeatedly rejected any request by me to settle this case for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me. In the event of any refiling or renewal of this case, you may have to have to explain why you reject the request and then made a settlement offer in XXXX of XXXX giving me until XX/XX/XXXX, to respond. The letter also indicates if I choose not to accept the offer there may be other opportunities to settle may be available at a later date. And once again in a XXXX of XXXX correspondence by XXXX XXXX reject any offer to settle this account for less than the full balance, which in no way should be construed as an admission of liability or indebtedness by me.
You also failed to make any reasonable efforts to collect this alleged debt and artificially inflated the balance with unnecessary interest, fees, and penalties. Then you made a settlement offer at the end of XXXX and approximately one month prior to you being required by law to charge off the account and when the late fees and interest stop.
You issued a XXXX store credit card that can only be used at XXXX. When the account was opened the credit limit was {$800.00}. The credit limit has now been reduced to {$100.00}. The card has no expiration date and is still active. In the event of any renewal or refiling of the XXXX XXXX case you may have to explain this. Specifically, if I dont qualify and or dont have the ability to repay credit on the XXXX XXXX account how do you expect me to repay credit on this account and why you have not closed this account. This is a valid issue and defense. This information was included in the answer to the previous lawsuit that has since been dismissed. XXXX XXXX is and should be aware of this.
You have lied about and denied and continue to deny and ignore the fact that the decision not renew the account is in retaliation to a dispute I had with XXXX ( which you were a subsidiary of ) regarding a XXXX XXXX XXXX credit card account even though the available evidence supports my claim of retaliation. First, we have the fact that my credit limit was reduced on two occasions as a result of and in retaliation to late fees being assessed to my account. Second, we have the fact that the XXXX XXXX account being listed on my credit report as a negative item ( i.e., the serious delinquency item listed on my credit report reason ) on my credit report and was used as a reason for not renewing my account and included in the letter dated XX/XX/XXXX, informing me that my account would not account would not be renewed. Finally, we have the fact the XXXX ( which XXXX is or was a subsidiary of and has now merged with XXXX ) closed and refused to renew my XXXX XXXX XXXX credit card account and flat out admitted it was due to a to a charge-off of the XXXX XXXX account. I am not asking you to address issues or concerns regarding other accounts but just merely stating the facts and using this information to prove my point or position.
You have also omitted other important information from your correspondences with me, the CFPB, and the XXXX.
In your XX/XX/XXXX, letter by XXXX XXXX, you state Our review of your account found the statement with the closing date of XX/XX/XXXX, your account had a balance of {$1400.00} with a minimum payment of {$44.00} due by XX/XX/XXXX. No payment was received for this balance and in accordance with the terms of the credit card agreement, each month the required minimum payment due was not received, the account was charged a late fee and interest charge. This continued until the account balance reach {$1900.00} and charged off on XX/XX/XXXX. This is somewhat misleading because you omit the fact that you are required by law to charge-off an account after you have not received any payments and the account is past due for over 180 days or six months.
You also omit and fail to admit or mention that the account was closed and could not be used by me but not charged off so that you can continue to act as if the account is still open and assess late fees, penalties, and interest until the balance is paid in full because once the account is charged off ( after 180 days or six months ) the late fees and interest must stop. You wanted the ability to still assess late fees, penalties, and interest to the account. This was discussed and addressed by the answer to the now dismissed lawsuit and you will have to have to explain this in the event of any new litigation. You seem to have forgotten that I can demand a jury trial. Do you think that going in front of a jury and demanding that they give you late fees and interest for six months just because you can charge those fees when you made little to no effort to collect this alleged debt and after you determined that I no longer had the ability to repay credit. What are you are you accomplishing by charging by charging interest and late fees for six months just because you can and until you are required to charge off the account?
In the event of any renewal or refiling of your claim the answer will be amended to include the fact this is your second attempt at filing the same claim against me and that you are subject to XXXX. XXXX. The discovery request will also be refiled. You should also be aware that some judges have issued standing orders and instructions regarding how cases are handled by that particular judge. One example is State Court of XXXX XXXX XXXX XXXX XXXX XXXX. Section seven of the order addresses extension of time and section seven addresses discovery. Extensions of time for discovery will be granted only upon consent motion or in exceptional cases in which the parties promptly commence and diligently pursue discovery yet are unable to complete discovery in the timeframe set forth above due to circumstances not reasonably anticipated at the time that the parties prepare and submit the XXXX XXXX. Any motion for an extension of time for discovery must be filed with the Court prior to the expiration of the existing discovery period. A copy of the standing order is attached for your review. This case was NOT assigned to XXXX XXXX and this order did not apply. You are required to respond to the discovery request truthfully and accurately within the timeframe provided by law. Failure to respond or to respond truthfully and accurately could result in you having to pay expenses incurred by me to prove that you did not respond truthfully and accurately and any failure to respond at all could result in a motion to compel. XXXX XXXX is aware of this fact. This case has already been filed and then dismissed. If the case is refiled and then dismissed voluntarily again that will serve as an adjudication upon the merits ( and is the same as a dismissal with prejudice ) O.C.G.A. 9-11-41 ( a ) ( 3 ). In other words, you will be prohibited by law from filing any additional lawsuits, claims, or actions, regarding this account and alleged debt and then would have no means to collect this alleged debt and no remedies available to you. It would be a violation of the FDCPA for any debt collector to threaten to take any action that can not legally be taken or that is not intended to be taken 15 U.S.C. 1692e ( 5 ) or the use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer 15 U.S.C. 1692e ( 10 ).
As previously stated, XXXX XXXX was sent a validation request on XX/XX/XXXX and it was received by them on XX/XX/XXXX. As of the date of this letter, no response other than the attorney acknowledging receipt of the request and stating that they are gathering the requested information and documents.
XXXX XXXX is also aware of the previous lawsuit and will have to decide whether or not they will renew or refile this claim. Factors that could affect their decision include the failure to respond to the discovery request in the previous case and the defenses I have raised and outlined in this letter. You are not taking this fact into consideration when denying my request to delete this account from my credit report.
You should be aware that XXXX XXXX and the XXXX XXXX XXXX XXXX XXXX XXXX of Georgia have copies of all of your correspondence and communications with me, the CFPB, and the XXXX except any that were received after the case was dismissed. The documents were provided to the court by me because they were attached to the answer as exhibits. In the event of any new litigation all communications received after the answer was filed will be attached as exhibits to an amended answer. You should also be aware that any documents filed with the court are public records and can be made available to anyone who request them provided they pay any fees imposed by the court or court clerks office for researching and printing of the request documents. The XXXX XXXX XXXX XXXX XXXX XXXX of Georgia also uses an online system https : //www.peachcourt.com to file cases and to obtain documents filed in cases if available. Anyone can register and create a peachcourt account and obtain copies documents filed in cases if available for a per item fee. Attorneys are required to file all cases online using the peachcourt website. Attorneys will have unlimited access to all of the documents available on and through the peachcourt website. You also may use XXXX XXXX XXXXXXXX to look up information regarding cases. This is a free service for anyone to use and you dont have to register. This site will not provide you with access to documents filed in the case and will only provide you with a list of any actions, events, or filings in the case. If you were to hire a new attorney, you must make them aware of the fact that you previously filed a lawsuit and then dismissed it approximately three months later and the fact they you and your attorney failed to respond to the discovery request then that attorney will make a decision whether or not to represent you or not. If you fail to inform the attorney and provide the attorney with all information regarding the case and account and withhold or omit information the attorney could withdraw from your case and or dismiss any pending court action/litigation. In this case it would be a second notice of dismissal and would serve or operate as an adjudication upon the merits and would be the same as a dismissal with prejudice O.C.G.A. 9-11-41 ( a ) ( 3 ).
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| 04/09/2022 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Improper use of your report
- Reporting company used your report improperly
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Web |
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In accordance with the Fair Credit Reporting Act : XXXX, XXXX, Equifax XXXX XXXX has violated my rights.
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 consent instructions.
I need all these accounts listed investigated and information from your investigated forwarded to me at XXXX or my current home address of XXXX XXXX XXXX XXXX, XXXX XXXX I also want all addresses that are listed on my credit report removed because i have lived at this address for XXXX years and my previous address i lived at up until this time was XXXXXXXX XXXX XXXX XXXX, XXXX XXXX XXXX and other address are not mine and must be removed.
Account 's to be investigated and information to be sent to me as proof of your investigation. The electronic investigation never wins in the consumer favor because they never send validating information. I want signed contracts from all parties involved to prove i owe these debts listed.
1. XXXX XXXX XXXX Account # XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX Ut XXXX 2. XXXX XXXX XXXX Account # XXXX - XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Wa XXXX 3. XXXX XXXX Account # XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX SC XXXX 4. XXXX XXXX Account # XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Tx XXXX 5. XXXX XXXX Account # XXXX XXXX XXXX XXXX XXXX XXXX, Ut XXXX 6. XXXX XXXX Bank Account # XXXX - XXXX XXXX XXXX XXXX XXXX XXXX, SD XXXX 7. XXXX XXXX XXXX Account # XXXX XXXX XXXX XXXX, XXXX XXXX XXXX South Carolina XXXX My Name is : XXXX XXXX The Name XXXX XXXX isn't my name and must be deleted.
The Name XXXX XXXX isn't my name and must be deleted.
These are a few of the laws that have been violated. This warrant 's removal of the false or misleading information.
605A - 15 U.S.C. 1681c-1 the consumer reporting agency shall notify the requester of the existence of the discrepancy.
See also 16 CFR Part 641 72 Fed. Reg. 63771-72 ( 11/09/07 ) 74 Fed. Reg. 22640-41 ( 05/14/09 ) ( 2 ) Regulations ( A ) Regulations required. The Bureau shall, in consultation with the Federal banking agencies, the XXXX XXXX XXXX XXXX, and the Federal Trade Commission, prescribe regulations providing guidance regarding reasonable policies and procedures that a user of a consumer report should employ when such user has received a notice of discrepancy under paragraph ( 1 ).
( B ) Policies and procedures to be included. The regulations prescribed under subparagraph ( A ) shall describe reasonable policies and procedures for use by a user of a consumer report ( i ) to form a reasonable belief that the user knows the identity of the person to whom the consumer report pertains; and ( ii ) if the user establishes a continuing relationship with the consumer, and the user regularly and in the ordinary course of business furnishes information to the consumer reporting agency from which the notice of discrepancy pertaining to the consumer was obtained, to reconcile the address of the consumer with the consumer reporting agency by furnishing such address to such consumer reporting agency as part of information regularly furnished by the user for the period in which the relationship is established.
605A.Identity theft prevention ; fraud alerts and active duty alerts [ 15 U.S.C. 1681c-1 ] ( a ) One-call Fraud Alerts ( 1 ) Initial alerts. Upon the direct request of a consumer, or an individual acting on behalf of or as a personal representative of a consumer, who asserts in good faith a suspicion that the consumer has been or is about to become a victim of fraud or related crime, including identity theft, a consumer reporting agency described in section 603 ( p ) that maintains a file on the consumer and has received appropriate proof of the identity of the requester shall 605A - 15 U.S.C. 1681c-1 27 ( A ) include a fraud alert in the file of that consumer, and also provide that alert along with any credit score generated in using that file, for a period of not less than 1 year, beginning on the date of such request, unless the consumer or such representative requests that such fraud alert be removed before the end of such period, and the agency has received appropriate proof of the identity of the requester for such purpose; and ( B ) refer the information regarding the fraud alert under this paragraph to each of the other consumer reporting agencies described in section 603 ( p ), in accordance with procedures developed under section 621 ( f ).
( 2 ) Access to free reports. In any case in which a consumer reporting agency includes a fraud alert in the file of a consumer pursuant to this subsection, the consumer reporting agency shall ( A ) disclose to the consumer that the consumer may request a free copy of the file of the consumer pursuant to section 612 ( d ) ; and ( B ) provide to the consumer all disclosures required to be made under section 609, without charge to the consumer, not later than 3 business days after any request described in subparagraph ( A ).
( b ) Extended Alerts ( 1 ) In general. Upon the direct request of a consumer, or an individual acting on behalf of or as a personal representative of a consumer, who submits an identity theft report to a consumer reporting agency described in section 603 ( p ) that maintains a file on the consumer, if the agency has received appropriate proof of the identity of the requester, the agency shall ( A ) include a fraud alert in the file of that consumer, and also provide that alert along with any credit score generated in using that file, during the 7-year period beginning on the date of such request, unless the consumer or such representative requests that such fraud alert be removed before the end of such period and the agency has received appropriate proof of the identity of the requester for such purpose ; ( B ) during the 5-year period beginning on the date of such request, exclude the consumer from any list of consumers prepared by the consumer reporting agency and provided to any third party to offer credit or insurance to the consumer as part of a transaction that was not initiated by the consumer, unless the 28 605A - 15 U.S.C. 1681c-1 consumer or such representative requests that such exclusion be rescinded before the end of such period; and ( C ) refer the information regarding the extended fraud alert under this paragraph to each of the other consumer reporting agencies described in section 603 ( p ), in accordance with procedures developed under section 621 ( f ).
( 2 ) Access to free reports. In any case in which a consumer reporting agency includes a fraud alert in the file of a consumer pursuant to this subsection, the consumer reporting agency shall ( A ) disclose to the consumer that the consumer may request 2 free copies of the file of the consumer pursuant to section 612 ( d ) during the 12-month period beginning on the date on which the fraud alert was included in the file ; and ( B ) provide to the consumer all disclosures required to be made under section 609, without charge to the consumer, not later than 3 business days after any request described in subparagraph ( A ).
( c ) Active duty alerts. Upon the direct request of an active duty military consumer, or an individual acting on behalf of or as a personal representative of an active duty military consumer, a consumer reporting agency described in section 603 ( p ) that maintains a file on the active duty military consumer and has received appropriate proof of the identity of the requester shall ( 1 ) include an active duty alert in the file of that active duty military consumer, and also provide that alert along with any credit score generated in using that file, during a period of not less than 12 months, or such longer period as the Bureau shall determine, by regulation, beginning on the date of the request, unless the active duty military consumer or such representative requests that such fraud alert be removed before the end of such period, and the agency has received appropriate proof of the identity of the requester for such purpose ; ( 2 ) during the 2-year period beginning on the date of such request, exclude the active duty military consumer from any list of consumers prepared by the consumer reporting agency and provided to any third party to offer credit or insurance to the consumer as part of a transaction that was not initiated by the consumer, unless the consumer requests that such exclusion be rescinded before the end of such period ; and 605A - 15 U.S.C. 1681c-1 29 ( 3 ) refer the information regarding the active duty alert to each of the other consumer reporting agencies described in section 603 ( p ), in accordance with procedures developed under section 621 ( f ).
See also 16 CFR Part 613.1 69 Fed. Reg. 63922 ( 11/03/04 ) ( d ) Procedures. Each consumer reporting agency described in section 603 ( p ) shall establish policies and procedures to comply with this section, including procedures that inform consumers of the availability of initial, extended, and active duty alerts and procedures that allow consumers and active duty military consumers to request initial, extended, or active duty alerts ( as applicable ) in a simple and easy manner, including by telephone.
( e ) Referrals of alerts. Each consumer reporting agency described in section 603 ( p ) that receives a referral of a fraud alert or active duty alert from another consumer reporting agency pursuant to this section shall, as though the agency received the request from the consumer directly, follow the procedures required under ( 1 ) paragraphs ( 1 ) ( A ) and ( 2 ) of subsection ( a ), in the case of a referral under subsection ( a ) ( 1 ) ( B ) ; ( 2 ) paragraphs ( 1 ) ( A ), ( 1 ) ( B ), and ( 2 ) of subsection ( b ), in the case of a referral under subsection ( b ) ( 1 ) ( C ) ; and ( 3 ) paragraphs ( 1 ) and ( 2 ) of subsection ( c ), in the case of a referral under subsection ( c ) ( 3 ).
( f ) Duty of reseller to reconvey alert. A reseller shall include in its report any fraud alert or active duty alert placed in the file of a consumer pursuant to this section by another consumer reporting agency.
( g ) Duty of other consumer reporting agencies to provide contact information.
If a consumer contacts any consumer reporting agency that is not described in section 603 ( p ) to communicate a suspicion that the consumer has been or is about to become a victim of fraud or related crime, including identity theft, the agency shall provide information to the consumer on how to contact the Bureau and the consumer reporting agencies described in section 603 ( p ) to obtain more detailed information and request alerts under this section.
( h ) Limitations on Use of Information for Credit Extensions ( 1 ) Requirements for initial and active duty alerts ( A ) Notification. Each initial fraud alert and active duty alert under this section shall include information that notifies all prospective users of a consumer report on the consumer to which the alert 30 605A - 15 U.S.C. 1681c-1 relates that the consumer does not authorize the establishment of any new credit plan or extension of credit, other than under an open-end credit plan ( as defined in section 103 ( i ) ), in the name of the consumer, or issuance of an additional card on an existing credit account requested by a consumer, or any increase in credit limit on an existing credit account requested by a consumer, except in accordance with subparagraph ( B ).
( B ) Limitation on Users ( i ) In general. No prospective user of a consumer report that includes an initial fraud alert or an active duty alert in accordance with this section may establish a new credit plan or extension of credit, other than under an open-end credit plan ( as defined in section 103 ( i ) ), in the name of the consumer, or issue an additional card on an existing credit account requested by a consumer, or grant any increase in credit limit on an existing credit account requested by a consumer, unless the user utilizes reasonable policies and procedures to form a reasonable belief that the user knows the identity of the person making the request.
( ii ) Verification. If a consumer requesting the alert has specified a telephone number to be used for identity verification purposes, before authorizing any new credit plan or extension described in clause ( i ) in the name of such consumer, a user of such consumer report shall contact the consumer using that telephone number or take reasonable steps to verify the consumers identity and confirm that the application for a new credit plan is not the result of identity theft.
( 2 ) Requirements for Extended Alerts ( A ) Notification. Each extended alert under this section shall include information that provides all prospective users of a consumer report relating to a consumer with ( i ) notification that the consumer does not authorize the establishment of any new credit plan or extension of credit described in clause ( i ), other than under an open-end credit plan ( as defined in section 103 ( i ) ), in the name of the consumer, or issuance of an additional card on an existing credit account requested by a consumer, or any increase in credit limit on an existing credit account 605A - 15 U.S.C. 1681c-1 31 requested by a consumer, except in accordance with subparagraph ( B ) ; and ( ii ) a telephone number or other reasonable contact method designated by the consumer.
( B ) Limitation on users. No prospective user of a consumer report or of a credit score generated using the information in the file of a consumer that includes an extended fraud alert in accordance with this section may establish a new credit plan or extension of credit, other than under an open-end credit plan ( as defined in section 103 ( i ) ), in the name of the consumer, or issue an additional card on an existing credit account requested by a consumer, or any increase in credit limit on an existing credit account requested by a consumer, unless the user contacts the consumer in person or using the contact method described in subparagraph ( A ) ( ii ) to confirm that the application for a new credit plan or increase in credit limit, or request for an additional card is not the result of identity theft.
( i ) National security freeze.
( 1 ) Definitions. For purposes of this subsection : ( A ) The term consumer reporting agency means a consumer reporting agency described in section 603 ( p ).
( B ) The term proper identification has the meaning of such term as used under section 610.
( C ) The term security freeze means a restriction that prohibits a consumer reporting agency from disclosing the contents of a consumer report that is subject to such security freeze to any person requesting the consumer report.
( 2 ) Placement of security freeze.
( A ) In general. Upon receiving a direct request from a consumer that a consumer reporting agency place a security freeze, and upon receiving proper identification from the consumer, the consumer reporting agency shall, free of charge, place the security freeze not later than ( i ) in the case of a request that is by toll-free telephone or secure electronic means, 1 business day after receiving the request directly from the consumer; or ( ii ) in the case of a request that is by mail, 3 business days after receiving the request directly from the consumer.
32 605A - 15 U.S.C. 1681c-1 ( B ) Confirmation and additional information.
Not later than 5 business days after placing a security freeze under subparagraph ( A ), a consumer reporting agency shall ( i ) send confirmation of the placement to the consumer ; and ( ii ) inform the consumer of ( I ) the process by which the consumer may remove the security freeze, including a mechanism to authenticate the consumer ; and ( II ) the consumers right described in section 615 ( d ) ( 1 ) ( D ).
( C ) Notice to third parties. A consumer reporting agency may advise a third party that a security freeze has been placed with respect to a consumer under subparagraph ( A ).
( 3 ) Removal of security freeze.
( A ) In general. A consumer reporting agency shall remove a security freeze placed on the consumer report of a consumer only in the following cases : ( i ) Upon the direct request of the consumer.
( ii ) The security freeze was placed due to a material misrepresentation of fact by the consumer.
( B ) Notice if removal not by request. If a consumer reporting agency removes a security freeze under subparagraph ( A ) ( ii ), the consumer reporting agency shall notify the consumer in writing prior to removing the security freeze.
( C ) Removal of security freeze by consumer request. Except as provided in subparagraph ( A ) ( ii ), a security freeze shall remain in place until the consumer directly requests that the security freeze be removed. Upon receiving a direct request from a consumer that a consumer reporting agency remove a security freeze, and upon receiving proper identification from the consumer, the consumer reporting agency shall, free of charge, remove the security freeze not later than ( i ) in the case of a request that is by toll-free telephone or secure electronic means, 1 hour after receiving the request for removal ; or ( ii ) in the case of a request that is by mail, 3 business days after receiving the request for removal.
605A - 15 U.S.C. 1681c-1 33 ( D ) Third-party requests. If a third party requests access to a consumer report of a consumer with respect to which a security freeze is in effect, where such request is in connection with an application for credit, and the consumer does not allow such consumer report to be accessed, the third party may treat the application as incomplete.
( E ) Temporary removal of security freeze. Upon receiving a direct request from a consumer under subparagraph ( A ) ( i ), if the consumer requests a temporary removal of a security freeze, the consumer reporting agency shall, in accordance with subparagraph ( C ), remove the security freeze for the period of time specified by the consumer.
( 4 ) Exceptions. A security freeze shall not apply to the making of a consumer report for use of the following : ( A ) A person or entity, or a subsidiary, affiliate, or agent of that person or entity, or an assignee of a financial obligation owed by the consumer to that person or entity, or a prospective assignee of a financial obligation owed by the consumer to that person or entity in conjunction with the proposed purchase of the financial obligation, with which the consumer has or had prior to assignment an account or contract including a demand deposit account, or to whom the consumer issued a negotiable instrument, for the purposes of reviewing the account or collecting the financial obligation owed for the account, contract, or negotiable instrument. For purposes of this subparagraph, reviewing the account includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.
( B ) Any Federal, State, or local agency, law enforcement agency, trial court, or private collection agency acting pursuant to a court order, warrant, or subpoena.
( C ) A child support agency acting pursuant to part D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq. ).
( D ) A Federal agency or a State or its agents or assigns acting to investigate fraud or acting to investigate or collect delinquent taxes or unpaid court orders or to fulfill any of its other statutory responsibilities, provided such responsibilities are consistent with a permissible purpose under section 604.
34 605A - 15 U.S.C. 1681c-1 ( E ) By a person using credit information for the purposes described under section 604 ( c ).
( F ) Any person or entity administering a credit file monitoring subscription or similar service to which the consumer has subscribed.
( G ) Any person or entity for the purpose of providing a consumer with a copy of the consumers consumer report or credit score, upon the request of the consumer.
( H ) Any person using the information in connection with the underwriting of insurance.
( I ) Any person using the information for employment, tenant, or background screening purposes.
( J ) Any person using the information for assessing, verifying, or authenticating a consumers identity for purposes other than the granting of credit, or for investigating or preventing actual or potential fraud.
( 5 ) Notice of rights. At any time a consumer is required to receive a summary of rights required under section 609, the following notice shall be included : Consumers Have The Right To Obtain A Security Freeze You have a right to place a security freeze on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization.
The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. However, you should be aware that using a security freeze to take control over who gets access to the personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding a new loan, credit, mortgage, or any other account involving the extension of credit.
As an alternative to a security freeze, you have the right to place an initial or extended fraud alert on your credit file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumers credit file.
Upon seeing a fraud alert display on a consumers credit file, a business is required to take steps to verify the consumers identity before extending new credit. If you are a victim of identity theft, you are entitled to an extended fraud alert, which is a fraud alert lasting 7 years.
605A - 15 U.S.C. 1681c-1 35 A security freeze does not apply to a person or entity, or its affiliates, or collection agencies acting on behalf of the person or entity, with which you have an existing account that requests information in your credit report for the purposes of reviewing or collecting the account. Reviewing the account includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.
( 6 ) Webpage.
( A ) Consumer reporting agencies. A consumer reporting agency shall establish a webpage that ( i ) allows a consumer to request a security freeze ; ( ii ) allows a consumer to request an initial fraud alert ; ( iii ) allows a consumer to request an extended fraud alert ; ( iv ) allows a consumer to request an active duty fraud alert ; ( v ) allows a consumer to opt-out of the use of information in a consumer report to send the consumer a solicitation of credit or insurance, in accordance with section 615 ( d ) ; and ( vi ) shall not be the only mechanism by which a consumer may request a security freeze.
( B ) FTC. The Federal Trade Commission shall establish a single webpage that includes a link to each webpage established under subparagraph ( A ) within the Federal Trade Commissions website www.IdentityTheft.gov, or a successor website.
( j ) National protection for files and credit records of protected consumers.
( 1 ) Definitions. As used in this subsection : ( A ) The term consumer reporting agency means a consumer reporting agency described in section 603 ( p ).
( B ) The term protected consumer means an individual who is ( i ) under the age of 16 years at the time a request for the placement of a security freeze is made ; or ( ii ) an incapacitated person or a protected person for whom a guardian or conservator has been appointed.
( C ) The term protected consumers representative means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer.
36 605A - 15 U.S.C. 1681c-1 ( D ) The term record means a compilation of information that ( i ) identifies a protected consumer ; ( ii ) is created by a consumer reporting agency solely for the purpose of complying with this subsection; and ( iii ) may not be created or used to consider the protected consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.
( E ) The term security freeze means a restriction that prohibits a consumer reporting agency from disclosing the contents of a consumer report that is the subject of such security freeze or, in the case of a protected consumer for whom the consumer reporting agency does not have a file, a record that is subject to such security freeze to any person requesting the consumer report for the purpose of opening a new account involving the extension of credit.
( F ) The term sufficient proof of authority means documentation that shows a protected consumers representative has authority to act on behalf of a protected consumer and includes ( i ) an order issued by a court of law ; ( ii ) a lawfully executed and valid power of attorney ; ( iii ) a document issued by a Federal, State, or local government agency in the United States showing proof of parentage, including a birth certificate ; or ( iv ) with respect to a protected consumer who has been placed in a foster care setting, a written communication from a county welfare department or its agent or designee, or a county probation department or its agent or designee, certifying that the protected consumer is in a foster care setting under its jurisdiction.
( G ) The term sufficient proof of identification means information or documentation that identifies a protected consumer and a protected consumers representative and includes ( i ) a social security number or a copy of a social security card issued by the Social Security Administration ; S. 215536 ( ii ) a certified or official copy of a birth certificate issued by the entity authorized to issue the birth certificate ; or 605A - 15 U.S.C. 1681c-1 37 ( iii ) a copy of a drivers license, an identification card issued by the motor vehicle administration, or any other government issued identification.
( 2 ) Placement of security freeze for a protected consumer.
( A ) In general. Upon receiving a direct request from a protected consumers representative that a consumer reporting agency place a security freeze, and upon receiving sufficient proof of identification and sufficient proof of authority, the consumer reporting agency shall, free of charge, place the security freeze not later than ( i ) in the case of a request that is by toll-free telephone or secure electronic means, 1 business day after receiving the request directly from the protected consumers representative; or ( ii ) in the case of a request that is by mail, 3 business days after receiving the request directly from the protected consumers representative.
( B ) Confirmation and additional information.
Not later than 5 business days after placing a security freeze under subparagraph ( A ), a consumer reporting agency shall ( i ) send confirmation of the placement to the protected consumers representative ; and ( ii ) inform the protected consumers representative of the process by which the protected consumer may remove the security freeze, including a mechanism to authenticate the protected consumers representative.
( C ) Creation of file. If a consumer reporting agency does not have a file pertaining to a protected consumer when the consumer reporting agency receives a direct request under subparagraph ( A ), the consumer reporting agency shall create a record for the protected consumer.
( 3 ) Prohibition on release of record or file of protected consumer. After a security freeze has been placed under paragraph ( 2 ) ( A ), and unless the security freeze is removed in accordance with this subsection, a consumer reporting agency may not release the protected consumers consumer report, any information derived from the protected consumers consumer report, or any record created for the protected consumer.
38 605A - 15 U.S.C. 1681c-1 ( 4 ) Removal of a protected consumer security freeze.
( A ) In general. A consumer reporting agency shall remove a security freeze placed on the consumer report of a protected consumer only in the following cases : ( i ) Upon the direct request of the protected consumers representative.
( ii ) Upon the direct request of the protected consumer, if the protected consumer is not under the age of 16 years at the time of the request.
( iii ) The security freeze was placed due to a material misrepresentation of fact by the protected consumers representative.
( B ) Notice if removal not by request. If a consumer reporting agency removes a security freeze under subparagraph ( A ) ( iii ), the consumer reporting agency shall notify the protected consumers representative in writing prior to removing the security freeze.
( C ) Removal of freeze by request. Except as provided in subparagraph ( A ) ( iii ), a security freeze shall remain in place until a protected consumers representative or protected consumer described in subparagraph ( A ) ( ii ) directly requests that the security freeze be removed. Upon receiving a direct request from the protected consumers representative or protected consumer described in subparagraph ( A ) ( ii ) that a consumer reporting agency remove a security freeze, and upon receiving sufficient proof of identification and sufficient proof of authority, the consumer reporting agency shall, free of charge, remove the security freeze not later than ( i ) in the case of a request that is by toll-free telephone or secure electronic means, 1 hour after receiving the request for removal ; or ( ii ) in the case of a request that is by mail, 3 business days after receiving the request for removal.
( D ) Temporary removal of security freeze. Upon receiving a direct request from a protected consumer or a protected consumers representative under subparagraph ( A ) ( i ), if the protected consumer or protected consumers representative requests a temporary removal of a security freeze, the consumer reporting agency shall, in accordance with subparagraph ( I have asked XXXX to investigate and I have disputed all account 's that I wasn't familar with or have no knowledge of because i was a victim of id theft and my information was being sold on the XXXX web. I have pasted all the violations that have been violated by the said reporting agency and i want all the account 's Investigated fully and removed once it is found that these debt 's are not min
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| 04/29/2020 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Incorrect information on your report
- Information belongs to someone else
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Web |
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Legal Department, This credit dispute is being submitted as a new evidence dispute. The accounts that are being disputed, does not belong to me. The below is my sworn statement concerning these credit issues.
It is my sworn statement that I declare under penalty of perjury ( " under the laws of the United States " if executed outside of the United States '' ) that the foregoing is true and correct to the best of my knowledge. Further, I certify that I am qualified and authorized to file this dispute. I also understand that knowing and a willful misstatement or omissions of material facts constitutes a federal criminal violation punishable under 18 U.S.C. 1001. Additionally, these misstatements are punishable l1S perjury under 18 U.S.C. 1621.
The accounts listed below are items currently within my credit file, and none of these are related to any transaction that was made by me. It is my official statement that someone and/or several people have opened these accounts and made transactions on these accounts without my knowledge or authorization, my personal information has been used to obtain goods, services, or money : and the person ( s ) responsible for creating these accounts.
I have filed a report with the Federal Trade Commission, which I have enclosed within this dispute package. I have reached out to all of these creditors and have made them aware that these accounts were fraudulently opened, and they have known this for several months, but have yet to remove these accounts from my credit reports. Some of the creditors have been cooperative and have removed the accounts, but others have refused to remove the fraudulent accounts. Therefore, I have come to you, the credit reporting agencies to resolve these issues. The law says that you must block these accounts while being investigated, and I expect that you will do so.
I made an attempt to file a police report, but I was informed by my county that it did not constitute as an emergency and that they would not file the report because I didn't have any information on the person who used my information, nor did I know how my information was obtained by this person.
Likewise, these COLLECTION ACCOUNTS are also not mine. None of these belong to me. This means that I was not the person, which had an account with the original creditor, which has sold these accounts to these collection agencies that are now reporting the debts.
COLLECTION AGENCY : ( Original Creditor : ) ACCOUNT NUMBER : XXXX ( COLLECTION AGENCY : Original Creditor : XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : ( Original Creditor : ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : Original Creditor : ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : ( Original Creditor : ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : ( Original Creditor : ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : ( Original Creditor : ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : ( Original Creditor : ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX ( Original Creditor : XXXX XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX ( Original Creditor : XXXX XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX XXXX ( Original Creditor : XXXX XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX ( Original Creditor : XXXX XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX XXXX ( Original Creditor : XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX - XXXX ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX XXXX XXXX ( Original Creditor : XXXX XXXX XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX XXXX ( Original Creditor : XXXX XXXX XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX ( Original Creditor : XXXX XXXX XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX ( Original Creditor : XXXX XXXX XXXX XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX ( Original Creditor : XXXX XXXX XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX FI ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX XXXX ACCOUNT NUMBER : XXXX Policy states ...
According to the FAIR CREDIT REPORTING ACT " FCRA '' 611 ( 15 U.S.C. 1681 ), Procedure In Case of Disputed Accuracy ...
( a ) Reinvestigations of Disputed Information ( 1 ) Reinvestigation Required ( a ) In general. Subject to Subsection
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| 03/14/2023 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Problem with a credit reporting company's investigation into an existing problem
- Their investigation did not fix an error on your report
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Web |
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My name is XXXX XXXX XXXX. Attached is my drivers license and utility bill are attached for identification.
YOU ARE IN DIRECT VIOLATION OF THE FCRA, the unverified items listed below still remain on my credit report in violation of Federal Law. You are required under the FCRA to have a copy of the original creditors documentation on file to verify that this information is mine and is correct. In the results of your investigations, you stated in writing that you verified that these items are being reported correctly Who verified these accounts? You have NOT provided me a copy of ANY original documentation ( a consumer contract with my signature on it ) as required underSection 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ). Furthermore, you have failed to provide the method of verification as required under Section 611 ( a ) ( 7 ). Please be advised that under Section 611 ( 5 ) ( A ) of the FCRA you are required to ... promptly DELETE all information which can not be verified.
Its very obvious that your agency doesnt know what the FCRA is because from the looks of my credit report and all the errors I see you are disregarding it so heres my breakdown.
1.The Fair Credit Reporting Act is the primary federal law that governs the collection and reporting of credit information about consumers. Its rules cover how a consumer 's credit information is obtained, how long it is kept, and how it is shared with othersincluding consumers themselves.
2. What is a FCRA violation?
Creditors give reporting agencies inaccurate financial information about you. Reporting agencies mixing up one person 's information with another 's because of similar ( or same ) last name or social security number. Agencies fail to follow guidelines for handling disputes.
3. My rights under the fair credit reporting act Verify the accuracy of my report when it is required for employment purposes.
PROVIDING AN ACCURATE CREDIT SCORE ( I HAVE NOT BE ABLE TO OBTAIN A VALID CREDIT SCORE IN OVER 60 DAYS FROM YOUR COMPANY OR ANY OTHER BUREAU AND I PAY A MONTHLY MEMBERSHIP WITH YOUR COMPANY ) Receive notification if information in my file has been used against me in applying for credit or other transactions.
Disputeand have the bureaus correct and deleteinformation in my report that is incomplete, inaccurate, and unverifiable.
Remove outdated, negative information ( after seven years in most cases, 10 in the case of bankruptcy ).
I demand these items be deleted immediately. I entered the items and the outcome I desire below because you are in violation and these items are not 100 % accurate and they are Either INACCURATE, Unverifiable and Invalidated. I recently applied for extended credit and was denied I am in distress because of your mistakes.
The law is very clear as to the civil liability and the remedy available to me ( Section 616 & 617 ) if you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA.
1. The following personal information is incorrect Previous Address ( es ) : XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX 2. The following personal information is incorrect Previous Address ( es ) : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 3. The following personal information is incorrect Previous Address ( es ) : XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX To get even more technical, re-aging is an illegal act due to FCRA Section 623 ( 5 ) ( A ). This law states : In general. A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action.
This is the second time this account has been removed and re-placed on my account. This company is making up account numbers and false information each time to report on my credit from debt buyers. This is purchased unverifiable debt and its not my debt. Block this company from continuation of damages that are being caused to me with your allowance. This company performs illegal practices.
4. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
5. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
6. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
7. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXXXXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
8. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXXXXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
9. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
10. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX Account Number : XXXX This is the second time this account has been removed. Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
11. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
12. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
13. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
14. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
15. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
16. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
17. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
18. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
19. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
20. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
21. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
22. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
23. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
24. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
25. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
26. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
27. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
28. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
29. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
30. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
31. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
32. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
33. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
34. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
35. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
36. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
37. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
38. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate..
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
39. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
40. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
41. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
42. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
43. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
44. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
45. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
46. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.
XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item and block them from re-reporting inaccuracy and re-aging debt.
47. Under 15 USC 1666B this is a billing error always paid as agreed on time this is an error this account in violation. This is also the CARES Act Violation no late payments during the COVID-19 crisis.
XXXX XXXX XXXX Account Number : XXXX Remove inaccurate reported late payments.
48. Under 15 USC 1666B this is a billing error always paid as agreed on time this is an error this account in violation. This is also the CARES Act Violation no late payments during the COVID-19 crisis.
XXXX XXXX XXXX Account Number : XXXX Remove inaccurate reported late payments.
49. I Did not consent to this unauthorized inquiry and this is a non-factual inquiry. If these are facts, please provide the matching data to my credit file proving that these are factual data. Matching data includes the name ( exact match ), the original reported address, date of birth and social security number. All information must be an EXACT MATCH is considered 100 % accuracy and factual.
XXXX XXXX Date of Inquiry : XX/XX/2022 Please Remove It from My Credit Report produce PROOF of your legitimate AUTHORITY to retain much less report without infringing my consumer rights.
50. I Did not consent to this unauthorized inquiry and this is a non-factual inquiry. If these are facts, please provide the matching data to my credit file proving that these are factual data. Matching data includes the name ( exact match ), the original reported address, date of birth and social security number. All information must be an EXACT MATCH is considered 100 % accuracy and factual.
XXXX XXXXXXXX XXXX XXXX Date of Inquiry : XX/XX/2022 Please Remove It from My Credit Report produce PROOF of your legitimate AUTHORITY to retain much less report without infringing my consumer rights.
51. I Did not consent to this unauthorized inquiry and this is a non-factual inquiry. If these are facts, please provide the matching data to my credit file proving that these are factual data. Matching data includes the name ( exact match ), the original reported address, date of birth and social security number. All information must be an EXACT MATCH is considered 100 % accuracy and factual.
XXXX XXXX XXXX Date of Inquiry : XX/XX/2022 Please Remove It from My Credit Report produce PROOF of your legitimate AUTHORITY to retain much less report without infringing my consumer rights.
52. I Did not consent to this unauthorized inquiry and this is a non-factual inquiry. If these are facts, please provide the matching data to my credit file proving that these are factual data. Matching data includes the name ( exact match ), the original reported address, date of birth and social security number. All information must be an EXACT MATCH is considered 100 % accuracy and factual.
XXXX XXXX XXXX Date of Inquiry : XX/XX/2022 Please Remove It from My Credit Report produce PROOF of your legitimate AUTHORITY to retain much less report without infringing my consumer rights.
53. I Did not consent to this unauthorized inquiry and this is a non-factual inquiry. If these are facts, please provide the matching data to my credit file proving that these are factual data. Matching data includes the name ( exact match ), the original reported address, date of birth and social security number. All information must be an EXACT MATCH is considered 100 % accuracy and factual.
XXXX XXXX XXXX XXXX Date of Inquiry : XX/XX/2022 Please Remove It from My Credit Report produce PROOF of your legitimate AUTHORITY to retain much less report without infringing my consumer rights.
54. I Did not consent to this unauthorized inquiry and this is a non-factual inquiry. If these are facts, please provide the matching data to my credit file proving that these are factual data. Matching data includes the name ( exact match ), the original reported address, date of birth and social security number. All information must be an EXACT MATCH is considered 100 % accuracy and factual.
XXXX XXXX XXXX Date of Inquiry : XX/XX/2022 Please Remove It from My Credit Report produce PROOF of your legitimate AUTHORITY to retain much less report without infringing my consumer rights.
55. I Did not consent to this unauthorized inquiry and this is a non-factual inquiry. If these are facts, please provide the matching data to my credit file proving that these are factual data. Matching data includes the name ( exact match ), the original reported address, date of birth and social security number. All information must be an EXACT MATCH is considered 100 % accuracy and factual.
XXXX XXXXXXXX XXXX Date of Inquiry : XX/XX/2022 Please Remove It from My Credit Report produce PROOF of your legitimate AUTHORITY to retain much less report without infringing my consumer rights.
56. I Did not consent to this unauthorized inquiry and this is a non-factual inquiry. If these are facts, please provide the matching data to my credit file proving that these are factual data. Matching data includes the name ( exact match ), the original reported address, date of birth and social security number. All information must be an EXACT MATCH is considered 100 % accuracy and factual.
XXXX XXXX Date of Inquiry : XX/XX/2022 Please Remove It from My Credit Report produce PROOF of your legitimate AUTHORITY to retain much less report without infringing my consumer rights.
57. I Did not consent to this unauthorized inquiry and this is a non-factual inquiry. If these are facts, please provide the matching data to my credit file proving that these are factual data. Matching data includes the name ( exact match ), the original reported address, date of birth and social security number. All information must be an EXACT MATCH is considered 100 % accuracy and factual.
XXXX XXXX Date of Inquiry : XX/XX/2022 Please Remove It from My Credit Report produce PROOF of your legitimate AUTHORITY to retain much less report without infringing my consumer rights.
58. I Did not consent to this unauthorized inquiry and this is a non-factual inquiry. If these are facts, please provide the matching data to my credit file proving that these are factual data. Matching data includes the name ( exact match ), the original reported address, date of birth and social security number. All information must be an EXACT MATCH is considered 100 % accuracy and factual.
XXXX XXXX XXXX Date of Inquiry : XX/XX/2022 Please Remove It from My Credit Report produce PROOF of your legitimate AUTHORITY to retain much less report without infringing my consumer rights.
59. I Did not consent to this unauthorized inquiry and this is a non-factual inquiry. If these are facts, please provide the matching data to my credit file proving that these are factual data. Matching data includes the name ( exact match ), the original reported address, date of birth and social security number. All information must be an EXACT MATCH is considered 100 % accuracy and factual.
XXXX XXXX XXXX XXXX Date of Inquiry : XX/XX/2022 Please Remove It from My Credit Report produce PROOF of your legitimate AUTHORITY to retain much less report without infringing my consumer rights.
60. I Did not consent to this unauthorized inquiry and this is a non-factual inquiry. If these are facts, please provide the matching data to my credit file proving that these are factual data. Matching data includes the name ( exact match ), the original reported address, date of birth and social security number. All information must be an EXACT MATCH is considered 100 % accuracy and factual.
XXXX XXXX XXXXXXXX XXXX Date of Inquiry : XX/XX/2022 Please Remove It from My Credit Report produce PROOF of your legitimate AUTHORITY to retain much less report without infringing my consumer rights.
61. I Did not consent to this unauthorized inquiry and this is a non-factual inquiry. If these are facts, please provide the matching data to my credit file proving that these are factual data. Matching data includes the name ( exact match ), the original reported address, date of birth and social security number. All information must be an EXACT MATCH is considered 100 % accuracy and factual.
XXXX Date of Inquiry : XX/XX/2022 Please Remove It from My Credit Report produce PROOF of your legitimate AUTHORITY to retain much less report without infringing my consumer rights.
VIOLATION OF 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In generalAny 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 theconsumer 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 agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater.
* Please remove all non-account holding inquiries Please note that you have 30 days to complete this investigation, as per the Fair Credit Reporting Act Section 611 ( a ) ( 1 ) ( A ). Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within ( 5 ) days of the completion of your re-investigation and I am keeping a careful record of your actions, including your Method of Verification. I do not consent to e-Oscar or any means of automated verification.
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| 04/19/2023 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Incorrect information on your report
- Account status incorrect
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Web |
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In accordance with the Fair Credit Reporting act. The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. XXXX : # XXXX, XXXX XXXX XXXX XXXX : XXXX XXXX, XXXX : XXXX XXXX, XXXX XXXX : # XXXX, XXXX XXXX : # XXXX, XXXX XXXX XXXX XXXX : # XXXX, XXXX XXXX XXXX XXXX # XXXX, XXXX XXXX XXXXXXXX : # XXXX, XXXX XXXX XXXX XXXX : XXXX XXXX XXXX XXXX XXXX : # XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX : # XXXX, XXXX : # XXXX, and XXXX XXXX # XXXX has violated my rights. 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 person knows or has reasonable cause to believe that the information is inaccurate.
I, XXXX XXXX, consumer, one natural person, am aware of all rights that I have, and which are protected by The Congress under the Fair Credit Reporting Act ( FCRA ). The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. 1. Account Name : XXXX Account Number : # 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 an account without my written instructions. Delete this account immediately, unless you want to be held {$1000.00} per violation. XXXX. Account Name : XXXX XXXX XXXX XXXX Account Number : # 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 an account without my written instructions. Delete this account immediately, unless you want to be held {$1000.00} per violation. XXXX. Account Name : XXXX Account Number : # 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 an account without my written instructions. Delete this account immediately, unless you want to be held {$1000.00} per violation. XXXX. Account Name : XXXX XXXX Account Number : # 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 an account without my written instructions. Delete this account immediately, unless you want to be held {$1000.00} per violation. XXXX. Account Name : XXXX XXXX Account Number : # 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 an account without my written instructions. Delete this account immediately, unless you want to be held {$1000.00} per violation. XXXX. Account Name : XXXX XXXX XXXX XXXX Account Number : # 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 an account without my written instructions. Delete this account immediately, unless you want to be held {$1000.00} per violation. XXXX. Account Name : XXXX XXXX XXXX Account Number : # 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 an account without my written instructions. Delete this account immediately, unless you want to be held {$1000.00} per violation. XXXX. Account Name XXXX XXXX XXXX XXXXXXXX Account Number : # 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 an account without my written instructions. Delete this account immediately, unless you want to be held {$1000.00} per violation. XXXX. Account Name : XXXX XXXX XXXX XXXX Account Number : 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 an account without my written instructions. Delete this account immediately, unless you want to be held {$1000.00} per violation. XXXX. Account Name : XXXX XXXX XXXX Account Number : # 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 an account without my written instructions. Delete this account immediately, unless you want to be held {$1000.00} per violation. XXXX. Account Name : XXXX Account Number : # 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 an account without my written instructions. Delete this account immediately, unless you want to be held {$1000.00} per violation. XXXX. Account Name : XXXX XXXX XXXX, XXXX XXXX XXXX Account Number : # 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 an account without my written instructions. Delete this account immediately, unless you want to be held {$1000.00} per violation. XXXX. Account Name : XXXX Account Number : # 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 an account without my written instructions. Delete this account immediately, unless you want to be held {$1000.00} per violation. XXXX. Account Name : XXXX Account Number : # 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 an account without my written instructions. Delete this account immediately, unless you want to be held {$1000.00} per violation.
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
. ( Pub. L. 90321, title VI, 602, as added Pub. L. 91508, title VI, 601, Oct. 26, 1970, 84 Stat. 1128. ) Who certified that this information is true and accurate? 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 ) Credit account 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. ( Pub. L. 90321, title VI, 603, as added Pub. L. 91508, title VI, 601, Oct. 26, 1970, 84 Stat. 1128 ; amended Pub. L. 102537, 2 ( b ), Oct. 27, 1992, 106 Stat. 3531 ; Pub. L. 104208, div. A, title II, 2402, Sept. 30, 1996, 110 Stat. 3009426 ; Pub. L. 105347, 6 ( 1 ) ( 3 ), Nov. 2, 1998, 112 Stat. 3211 ; Pub. L. 108159, title I, 111, title II, 214 ( c ) ( 1 ), title IV, 411 ( b ), ( c ), title VI, 611, Dec. 4, 2003, 117 Stat. 1954, 1983, 2001, 2010 ; Pub. L. 111203, title X, 1088 ( a ) ( 1 ), ( 2 ) ( A ), ( C ), ( 3 ), July 21, 2010, 124 Stat. 2086, 2087 ; Pub. L. 115174, title III, 302 ( b ) ( 1 ), May 24, 2018, 132 Stat. 1333. )
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- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Problem with a credit reporting company's investigation into an existing problem
- Their investigation did not fix an error on your report
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EQUIFAX CONSUMER 'S PERSONAL INFORMATION : Name : XXXX XXXX Also known as : - Generation identifier : - Year of birth : XXXX Consumer 's Comments : My name is incorrect. My name should read " XXXX XXXX ''. ADDRESSES : XXXX XXXX XXXX XXXX XXXX, GA XXXX Consumer 's Comments : I have never lived at this address, please correct. ACCOUNTS : XXXX XXXX XXXX XXXX Account Info : 4 CHARGE OFFS Account number : XXXX Account status : - Date opened : XX/XX/XXXX Account type : Revolving Consumer 's Comments : Reporting FOUR ( 4 ) charge-offs for ONE ( 1 ) Account is Criminal. Please change entry to ONE ( 1 ) Charge-Off. Account Info : XXXX Account number : XXXX Account status : Closed Date opened : XX/XX/XXXX Account type : Revolving Balance on XX/XX/XXXX : {$0.00} Credit Limit XXXX {$100.00} Payment Info Status : Pays account as agreed Status date : XX/XX/XXXX Past due amount : - Highest balance : $ 564 Monthly payment : - Late payments : - Consumer 's Comments : This account has been paid off, on time, and is closed for more than seven ( 7 ) years ; please remove it immediately. Account Info : SYNCB/CHEVRON PLCC Account number : XXXX Account status : Closed Date opened : XX/XX/XXXX Account type : Revolving Balance on XX/XX/XXXX : {$0.00} Credit Limit XXXX {$0.00} Payment Info Status : Pays account as agreed Status date : XX/XX/XXXX Past due amount : - Highest balance : $ 0 Monthly payment : - Late payments : - Consumer 's Comments : This account has been paid off, on time, and is closed for more than seven ( 7 ) years ; please remove it immediately. As per the Federal Trade Commission ( FTC ), Fair Credit Reporting Act ( FCRA ) : 615. Requirements on users of consumer reports [ 15 U.S.C. 1681m ]. 70 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ]. 79 617. Civil liability for negligent noncompliance [ 15 U.S.C. 1681o ]. 80 615. Requirements on users of consumer reports, pg. 70 [ 15 U.S.C. 1681m ] ( a ) Duties of users taking adverse actions on the basis of information contained in consumer reports. If any person takes any adverse action 615 - 15 U.S.C. 1681m, pg. 71 with respect to any consumer that is based in whole or in part on any information contained in a consumer report, the person shall ( 1 ) provide oral, written, or electronic notice of the adverse action to the consumer ; ( 2 ) provide to the consumer written or electronic disclosure ( A ) of a numerical credit score as defined in section 609 ( f ) ( 2 ) ( A ) used by such person in taking any adverse action based in whole or in part on any information in a consumer report ; and ( B ) of the information set forth in subparagraphs ( B ) through ( E ) of section 609 ( f ) ( 1 ) ; ( 3 ) provide to the consumer orally, in writing, or electronically ( A ) the name, address, and telephone number of the consumer reporting agency ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) that furnished the report to the person ; and ( B ) a statement that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the consumer the specific reasons why the adverse action was taken ; and ( 4 ) provide to the consumer an oral, written, or electronic notice of the consumers right ( A ) to obtain, under section 612 [ 1681j ], a free copy of a consumer report on the consumer from the consumer reporting agency referred to in paragraph ( 3 ), which notice shall include an indication of the 60-day period under that section for obtaining such a copy ; and ( B ) to dispute, under section 611 [ 1681i ], with a consumer reporting agency the accuracy or completeness of any information in a consumer report furnished by the agency. ( b ) Adverse Action Based on Information Obtained from Third Parties Other than Consumer Reporting Agencies ( 1 ) In general. Whenever credit for personal, family, or household purposes involving a consumer is denied or the charge for such credit is increased either wholly or partly because of information obtained from a person other than a consumer reporting agency bearing upon the consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, the user of such information shall, within a reasonable period of time, upon the consumers written request for the reasons for such adverse action received within sixty days after learning of such adverse action, disclose the nature of the information to the consumer. The user of such information shall clearly and accurately disclose to the consumer his right to make such written request at the time such adverse action is communicated to the consumer. ( 2 ) Duties of Person Taking Certain Actions Based on Information Provided by Affiliate ( A ) Duties, generally. If a person takes an action described in subparagraph ( B ) with respect to a consumer, based in whole or in part on information described in subparagraph ( c ), the person shall ( i ) notify the consumer of the action, including a statement that the consumer may obtain the information in accordance with clause ( ii ) ; and ( ii ) upon a written request from the consumer received within 60 days after transmittal of the notice required by clause ( i ), disclose to the consumer the nature of the information upon which the action is based by not later than 30 days after receipt of the request. ( B ) Action described. An action referred to in subparagraph ( A ) is an adverse action described in section 603 ( k ) ( 1 ) ( A ) [ 1681a ], taken in connection with a transaction initiated by the consumer, or any adverse action described in clause ( i ) or ( ii ) of section 603 ( k ) ( 1 ) ( B ) [ 1681a ]. ( C ) Information described. Information referred to in subparagraph ( A ) ( i ) except as provided in clause ( ii ), is information that ( I ) is furnished to the person taking the action by a person related by common ownership or affiliated by common corporate control to the person taking the action ; and ( II ) bears on the credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living of the consumer ; and ( ii ) does not include 73 ( I ) information solely as to transactions or experiences between the consumer and the person furnishing the information ; or ( II ) information in a consumer report. ( c ) Reasonable procedures to assure compliance. No person shall be held liable for any violation of this section if he shows by a preponderance of the evidence that at the time of the alleged violation he maintained reasonable procedures to assure compliance with the provisions of this section. ( d ) Duties of Users Making Written Credit or Insurance Solicitations on the Basis of Information Contained in Consumer Files ( 1 ) In general. Any person who uses a consumer report on any consumer in connection with any credit or insurance transaction that is not initiated by the consumer, that is provided to that person under section 604 ( c ) ( 1 ) ( B ) [ 1681b ], shall provide with each written solicitation made to the consumer regarding the transaction a clear and conspicuous statement that ( A ) information contained in the consumers consumer report was used in connection with the transaction ; ( B ) the consumer received the offer of credit or insurance because the consumer satisfied the criteria for credit worthiness or insurability under which the consumer was selected for the offer ; ( C ) if applicable, the credit or insurance may not be extended if, after the consumer responds to the offer, the consumer does not meet the criteria used to select the consumer for the offer or any applicable criteria bearing on credit worthiness or insurability or does not furnish any required collateral ; ( D ) the consumer has a right to prohibit information contained in the consumers file with any consumer reporting agency from being used in connection with any credit or insurance transaction that is not initiated by the consumer ; and ( E ) the consumer may exercise the right referred to in subparagraph ( D ) by notifying a notification system established under section 604 ( e ) [ 1681b ]. ( 2 ) Disclosure of address and telephone number ; format. A statement under paragraph ( 1 ) shall ( A ) include the address and toll-free telephone number of the appropriate notification system established under section 604 ( e ) ; and ( B ) be presented in such format and in such type size and manner as to be simple and easy to understand, as established by the Bureau, by rule, in consultation with the Federal Trade Commission , Federal banking agencies and the National Credit Union Administration . See also 16 CFR Part 642 16 CFR Part 698 App A 70 Fed. Reg. 5022 ( XX/XX/XXXX ) ( 3 ) Maintaining criteria on file. A person who makes an offer of credit or insurance to a consumer under a credit or insurance transaction described in paragraph ( 1 ) shall maintain on file the criteria used to select the consumer to receive the offer, all criteria bearing on credit worthiness or insurability, as applicable, that are the basis for determining whether or not to extend credit or insurance pursuant to the offer, and any requirement for the furnishing of collateral as a condition of the extension of credit or insurance, until the expiration of the 3-year period beginning on the date on which the offer is made to the consumer. ( 4 ) Authority of federal agencies regarding unfair or deceptive acts or practices not affected. This section is not intended to affect the authority of any Federal or State agency to enforce a prohibition against unfair or deceptive acts or practices, including the making of false or misleading statements in connection with a credit or insurance transaction that is not initiated by the consumer. See also 16 CFR Part 681 72 Fed. Reg. 63772-74 ( XX/XX/XXXX ) 74 Fed. Reg. 22640-41 ( XX/XX/XXXX ) ( e ) Red Flag Guidelines and Regulations Required ( 1 ) Guidelines. The Federal banking agencies, the XXXX XXXX XXXX XXXX, the Federal Trade Commission, the Commodity Futures Trading Commission, and the Securities and Exchange Commission shall jointly, with respect to the entities that are subject to their respective enforcement authority under section 621 ( A ) establish and maintain guidelines for use by each financial institution and each creditor regarding identity theft with respect to account holders at, or customers of, such entities, and update such guidelines as often as necessary ; ( B ) prescribe regulations requiring each financial institution and each creditor to establish reasonable policies and procedures for implementing the guidelines established pursuant to subparagraph ( A ), to identify possible risks to account holders or customers or to the safety and soundness of the institution or customers ; and ( C ) prescribe regulations applicable to card issuers to ensure that, if a card issuer receives notification of a change of address for an existing account, and within a short period of time ( during at least the first 30 days after such notification is received ) receives a request for an additional or replacement card for the same account, the card issuer may not issue the additional or replacement card, unless the card issuer, in accordance with reasonable policies and procedures ( i ) notifies the cardholder of the request at the former address of the cardholder and provides to the cardholder a means of promptly reporting incorrect address changes ; ( ii ) notifies the cardholder of the request by such other means of communication as the cardholder and the card issuer previously agreed to ; or ( iii ) uses other means of assessing the validity of the change of address, in accordance with reasonable policies and procedures established by the card issuer in accordance with the regulations prescribed under subparagraph ( B ). ( 2 ) Criteria ( A ) In general. In developing the guidelines required by paragraph ( 1 ) ( A ), the agencies described in paragraph ( 1 ) shall identify patterns, practices, and specific forms of activity that indicate the possible existence of identity theft. ( B ) Inactive accounts. In developing the guidelines required by paragraph ( 1 ) ( A ), the agencies described in paragraph ( 1 ) shall consider including reasonable guidelines providing that when a transaction occurs with respect to a credit or deposit account that has been inactive for more than 2 years, the creditor or financial institution shall follow reasonable policies and procedures that provide for notice to be given to a consumer in a manner reasonably designed to reduce the likelihood of identity theft with respect to such account. ( 3 ) Consistency with verification requirements. Guidelines established pursuant to paragraph ( 1 ) shall not be inconsistent with the policies and procedures required under section 5318 ( l ) of title 31, United States Code. ( 4 ) Definitions. As used in this subsection, the term creditor ( A ) means a creditor, as defined in section 702 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691a ), that regularly and in the ordinary course of business ( i ) obtains or uses consumer reports, directly or indirectly, in connection with a credit transaction ; ( ii ) furnishes information to consumer reporting agencies, as described in section 623, in connection with a credit transaction ; or ( iii ) advances funds to or on behalf of a person, based on an obligation of the person to repay the funds or repayable from specific property pledged by or on behalf of the person ; ( B ) does not include a creditor described in subparagraph ( A ) ( iii ) that advances funds on behalf of a person for expenses incidental to a service provided by the creditor to that person ; and ( C ) includes any other type of creditor, as defined in that section 702, as the agency described in paragraph ( 1 ) having authority over that creditor may determine appropriate by rule promulgated by that agency, based on a determination that such creditor offers or maintains accounts that are subject to a reasonably foreseeable risk of identity theft. ( f ) Prohibition on Sale or Transfer of Debt Caused by Identity Theft ( 1 ) In general. No person shall sell, transfer for consideration, or place for collection a debt that such person has been notified under section 605B has resulted from identity theft. ( 2 ) pplicability. The prohibitions of this subsection shall apply to all persons collecting a debt described in paragraph ( 1 ) after the date of a notification under paragraph ( 1 ). ( 3 ) Rule of construction. Nothing in this subsection shall be construed to prohibit ( A ) the repurchase of a debt in any case in which the assignee of the debt requires such repurchase because the debt has resulted from identity theft ; ( B ) the securitization of a debt or the pledging of a portfolio of debt as collateral in connection with a borrowing ; or 615 - 15 U.S.C. 1681m 77 ( C ) the transfer of debt as a result of a merger, acquisition, purchase and assumption transaction, or transfer of substantially all of the assets of an entity. ( g ) Debt collector communications concerning identity theft. If a person acting as a debt collector ( as that term is defined in title VIII ) on behalf of a third party that is a creditor or other user of a consumer report is notified that any information relating to a debt that the person is attempting to collect may be fraudulent or may be the result of identity theft, that person shall ( 1 ) notify the third party that the information may be fraudulent or may be the result of identity theft ; and ( 2 ) upon request of the consumer to whom the debt purportedly relates, provide to the consumer all information to which the consumer would otherwise be entitled if the consumer were not a victim of identity theft, but wished to dispute the debt under provisions of law applicable to that person. ( h ) Duties of Users in Certain Credit Transactions ( 1 ) In general. Subject to rules prescribed as provided in paragraph ( 6 ), if any person uses a consumer report in connection with an application for, or a grant, extension, or other provision of, credit on material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from or through that person, based in whole or in part on a consumer report, the person shall provide an oral, written, or electronic notice to the consumer in the form and manner required by regulations prescribed in accordance with this subsection. ( 2 ) Timing. The notice required under paragraph ( 1 ) may be provided at the time of an application for, or a grant, extension, or other provision of, credit or the time of communication of an approval of an application for, or grant, extension, or other provision of, credit, except as provided in the regulations prescribed under paragraph ( 6 ). ( 3 ) Exceptions. No notice shall be required from a person under this subsection if ( A ) the consumer applied for specific material terms and was granted those terms, unless those terms were initially specified by the person after the transaction was initiated by the consumer and after the person obtained a consumer report ; or ( B ) the person has provided or will provide a notice to the consumer under subsection ( a ) in connection with the transaction. 78 615 - 15 U.S.C. 1681m ( 4 ) Other notice not sufficient. A person that is required to provide a notice under subsection ( a ) can not meet that requirement by providing a notice under this subsection. ( 5 ) Content and delivery of notice. A notice under this subsection shall, at a minimum ( A ) include a statement informing the consumer that the terms offered to the consumer are set based on information from a consumer report ; ( B ) identify the consumer reporting agency furnishing the report ; ( C ) include a statement informing the consumer that the consumer may obtain a copy of a consumer report from that consumer reporting agency without charge ; ( D ) include the contact information specified by that consumer reporting agency for obtaining such consumer reports ( including a toll-free telephone number established by the agency in the case of a consumer reporting agency described in section 603 ( p ) ) ; and ( E ) include a statement informing the consumer of ( i ) a numerical credit score as defined in section 609 ( f ) ( 2 ) ( A ), used by such person in making the credit decision described in paragraph ( 1 ) based in whole or in part on any information in a consumer report ; and ( ii ) the information set forth in subparagraphs ( B ) through ( E ) of section 609 ( f ) ( 1 ). See also 16 CFR Part 610 75 Fed. Reg. 2724 ( XX/XX/XXXX ) ( 6 ) Rulemaking ( A ) Rules required. The Bureau shall prescribe rules to carry out this subsection. ( B ) Content. Rules required by subparagraph ( A ) shall address, but are not limited to ( i ) the form, content, time, and manner of delivery of any notice under this subsection ; ( ii ) clarification of the meaning of terms used in this subsection, including what credit terms are material, and when credit terms are materially less favorable ; 616 - 15 U.S.C. 1681n ( iii ) exceptions to the notice requirement under this subsection for classes of persons or transactions regarding which the agencies determine that notice would not significantly benefit consumers ; ( iv ) a model notice that may be used to comply with this subsection; and ( v ) the timing of the notice required under paragraph ( 1 ), including the circumstances under which the notice must be provided after the terms offered to the consumer were set based on information from a consumer report. ( 7 ) Compliance. A person shall not be liable for failure to perform the duties required by this section if, at the time of the failure, the person maintained reasonable policies and procedures to comply with this section. ( 8 ) Enforcement ( A ) No civil actions. Sections 616 and 617 shall not apply to any failure by any person to comply with this section. ( B ) Administrative enforcement. This section shall be enforced exclusively under section 621 by the Federal agencies and officials identified in that section. 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] ( a ) In general. Any person who willfully fails to comply with any requirement imposed under this title 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 the date of the enactment of this subsection but otherwise complied with the requirements of section 605 ( g ) for such receipt shall not be in willful noncompliance with section 605 ( g ) by reason of printing such expiration date on the receipt. 617. Civil liability for negligent noncompliance [ 15 U.S.C. 1681o ] ( a ) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure; and ( 2 ) 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 ) Attorneys fees. On 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. As the Federal Register Notice explains, Congress mandated the formula, which includes a catch-up for inflation. Based on that recalculation, here are some of the new consumer protection-related civil penalties that will take effect on XX/XX/XXXX. Share This Page Appliances Automobiles Clothing and Textiles Bureau of Consumer Protection Consumer Protection Advertising and Marketing Advertising and Marketing Basics Privacy and Security Children 's Privacy Credit Reporting Section 5 ( l ) of the FTC Act ( violations of final Commission orders issued under section 5 ( b ) of the FTC Act ) increase from {$16000.00} to {$40000.00} Sections 5 ( m ) ( 1 ) ( A ) and 5 ( m ) ( 1 ) ( B ) of the FTC Act ( violations of certain trade regulation rules and other laws enforced by the FTC with civil penalty provisions ) increase from {$16000.00} to {$40000.00} Section 10 of the FTC Act ( failure to file required reports ) increase from {$210.00} to {$520.00} Section 6 ( b ) of the Wool Products Labeling Act ( failure to maintain required records ) increase from {$210.00} to {$520.00} Sections 3 ( e ) and 8 ( d ) ( 2 ) of the Fur Products Labeling Act ( failure to maintain required records ) increase from {$210.00} to {$520.00} Section 333 ( a ) of the Energy Policy and Conservation Act ( knowing violations of EPCA 332, including labeling violations ) increase from {$210.00} to {$430.00} Section 525 ( a ) of the Energy Policy and Conservation Act ( recycled oil labeling violations ) increase from {$8500.00} to {$21000.00} Section 621 ( a ) ( 2 ) of the Fair Credit Reporting Act ( knowing violations of the FCRA ) increase from {$3500.00} to {$3700.00}. Consult the Federal Register Notice for the complete list, including civil penalty recalculations for competition-related statutes.
Additionally, EQUIFAX stated they needed additional authorization on my first filed CFPB Complaint ; however, EQUIFAX wants me to contact them directly to determine my identity when the CFPB method is perfectly legal and sound.
EQUIFAX is in direct violation of the Fair Credit Reporting Act, per the Federal Trade Commission ( FTC ) by not providing the appropriate information to gain authorization to continue the credit reporting investigation, please see previous Consumer Financial Protection Bureau ( CFPB ) XXXX Complaint filed ; additionally, please see my Marriage Certificate, indicating a name change in XXXX. Further, the original EQUIFAX investigation must continue.
If EQUIFAX continues with administrative games, I will have no choice but to contact my attorney to begin litigation procedures.
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- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Improper use of your report
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Please be advised that this is my 2nd / THIRD WRITTEN REQUEST and FINAL WARNING that I fully intend to pursue litigation in accordance with the FCRA to enforce my rights and seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 regarding your continued willful and negligent noncompliance. I understand that cfpb complaint system is not read by anyone but Im more than happy to mail in copies Despite my previous written requests for you to provide me with the name of the person in your company who verified that these accounts are accurate and belong on my file, what documentation did they use to verify that these accounts are accurate and belong on my file you ignored my rights and instead told me that you are labeling my dispute as Frivolous and closing them immediacy. Your actions clearly demonstrate your willful violation of the FCRA and I believe the Courts will agree when I present them with copies of my letters and your responses to them. XXXX XXXX XXXX, XXXX XXXX, XXXX, defines Verify as, 1 ) " To prove to be true ; to confirm or establish the truth or truthfulness of ; to authenticate. '' 2 ) to confirm or substantiate by oath or affidavit ; to swear to the truth of. '' and Verification as, Confirmation of correctness, truth or authenticity, by affidavit, oath, or deposition. Affidavit of truth of a matter stated and object of verification is to assure good faith in averments or statements of a party. You say that your company has reinvestigated these accounts and verified them as being accurate but it is obvious that you have verified nothing. All you have done is parroted information given to you by other sources and shifted the burden back to me to prove that the reported items on the accounts listed below are not valid which is clearly in violation of 1681 ( a ) ( 4 ). It is obvious that you dont have any proof on file to verify that these accounts belong on my file. When we go to litigation you will be required to produce the documents you used to verify these items through the discovery process and since you dont have any documents in your files verifying that these items are valid then that will be proof that you did not properly verify the accounts and they will have to be deleted and Ill be entitled to damages.
Please be advised that under Section 611 ( 5 ) ( A ) of the FCRA you are required to ... promptly DELETE all information which can not be verified. The law is very clear as to the Civil liability and the remedy available to me ( Section 616 & 617 ) if you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA.
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 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.
( B ) Reporting information after notice and confirmation of errors 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.
( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address.
( D ) Definition For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information.
( E ) Rehabilitation of private education loans ( i ) In general Notwithstanding any other provision of this section, a consumer may request a financial institution to remove from a consumer report a reported default regarding a private education loan, and such information shall not be considered inaccurate, if ( I ) the financial institution chooses to offer a loan rehabilitation program which includes, without limitation, a requirement of the consumer to make consecutive on-time monthly payments in a number that demonstrates, in the assessment of the financial institution offering the loan rehabilitation program, a renewed ability and willingness to repay the loan ; and ( II ) the requirements of the loan rehabilitation program described in subclause ( I ) are successfully met.
( ii ) Banking agencies ( I ) In general If a financial institution is supervised by a Federal banking agency, the financial institution shall seek written approval concerning the terms and conditions of the loan rehabilitation program described in clause ( i ) from the appropriate Federal banking agency.
( II ) Feedback An appropriate Federal banking agency shall provide feedback to a financial institution within 120 days of a request for approval under subclause ( I ).
( iii ) Limitation ( I ) In general A consumer may obtain the benefits available under this subsection with respect to rehabilitating a loan only 1 time per loan.
( II ) Rule of construction Nothing in this subparagraph may be construed to require a financial institution to offer a loan rehabilitation program or to remove any reported default from a consumer report as a consideration of a loan rehabilitation program, except as described in clause ( i ).
( iv ) Definitions For purposes of this subparagraph ( I ) the term appropriate Federal banking agency has the meaning given the term in section 1813 of title 12 ; and ( II ) the term private education loan has the meaning given the term in section 1650 ( a ) of this title.
( F ) Reporting information during COVID19 pandemic ( i ) Definitions In this subsection : ( I ) Accommodation The term accommodation includes an agreement to defer 1 or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief granted to a consumer who is affected by the coronavirus disease 2019 ( COVID19 ) pandemic during the covered period.
( II ) Covered period The term covered period means the period beginning on XX/XX/XXXX and ending on the later of ( aa ) 120 days after XX/XX/XXXX ; or ( bb ) 120 days after the date on which the national emergency concerning the novel coronavirus disease ( COVID19 ) outbreak declared by the President on XX/XX/XXXX under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) terminates.
( ii ) Reporting Except as provided in clause ( iii ), if a furnisher makes an accommodation with respect to 1 or more payments on a credit obligation or account of a consumer, and the consumer makes the payments or is not required to make 1 or more payments pursuant to the accommodation, the furnisher shall ( I ) report the credit obligation or account as current; or ( II ) if the credit obligation or account was delinquent before the accommodation ( aa ) maintain the delinquent status during the period in which the accommodation is in effect; and ( bb ) if the consumer brings the credit obligation or account current during the period described in item ( aa ), report the credit obligation or account as current.
( iii ) Exception Clause ( ii ) shall not apply with respect to a credit obligation or account of a consumer that has been charged-off.
( 2 ) Duty to correct and update information A person who ( A ) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the persons transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.
( 3 ) Duty to provide notice of dispute If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.
( 4 ) Duty to provide notice of closed accounts A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed.
( 5 ) Duty to provide notice of delinquency of accounts ( A ) In general A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action.
( B ) Rule of construction For purposes of this paragraph only, and provided that the consumer does not dispute the information, a person that furnishes information on a delinquent account that is placed for collection, charged for profit or loss, or subjected to any similar action, complies with this paragraph, if ( i ) the person reports the same date of delinquency as that provided by the creditor to which the account was owed at the time at which the commencement of the delinquency occurred, if the creditor previously reported that date of delinquency to a consumer reporting agency ; ( ii ) the creditor did not previously report the date of delinquency to a consumer reporting agency, and the person establishes and follows reasonable procedures to obtain the date of delinquency from the creditor or another reliable source and reports that date to a consumer reporting agency as the date of delinquency ; or ( iii ) the creditor did not previously report the date of delinquency to a consumer reporting agency and the date of delinquency can not be reasonably obtained as provided in clause ( ii ), the person establishes and follows reasonable procedures to ensure the date reported as the date of delinquency precedes the date on which the account is placed for collection, charged to profit or loss, or subjected to any similar action, and reports such date to the credit reporting agency.
( 6 ) Duties of furnishers upon notice of identity theft-related information ( A ) Reasonable procedures A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 1681c2 of this title relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information.
( B ) Information alleged to result from identity theft If a consumer submits an identity theft report to a person who furnishes information to a consumer reporting agency at the address specified by that person for receiving such reports stating that information maintained by such person that purports to relate to the consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to any consumer reporting agency, unless the person subsequently knows or is informed by the consumer that the information is correct.
( 7 ) Negative information ( A ) Notice to consumer required ( i ) In general If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 1681a ( p ) of this title furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer.
( ii ) Notice effective for subsequent submissions After providing such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 1681a ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer.
( B ) Time of notice ( i ) In general The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 1681a ( p ) of this title.
( ii ) Coordination with new account disclosures If the notice is provided to the customer prior to furnishing the negative information to a consumer reporting agency, the notice may not be included in the initial disclosures provided under section 1637 ( a ) of this title.
( C ) Coordination with other disclosures The notice required under subparagraph ( A ) ( i ) may be included on or with any notice of default, any billing statement, or any other materials provided to the customer; and ( ii ) must be clear and conspicuous.
( D ) Model disclosure ( i ) Duty of Bureau The Bureau shall prescribe a brief model disclosure that a financial institution may use to comply with subparagraph ( A ), which shall not exceed 30 words.
( ii ) Use of model not required No provision of this paragraph may be construed to require a financial institution to use any such model form prescribed by the Bureau.
( iii ) Compliance using model A financial institution shall be deemed to be in compliance with subparagraph ( A ) if the financial institution uses any model form prescribed by the Bureau under this subparagraph, or the financial institution uses any such model form and rearranges its format.
( E ) Use of notice without submitting negative information No provision of this paragraph shall be construed as requiring a financial institution that has provided a customer with a notice described in subparagraph ( A ) to furnish negative information about the customer to a consumer reporting agency.
( F ) Safe harbor A financial institution shall not be liable for failure to perform the duties required by this paragraph if, at the time of the failure, the financial institution maintained reasonable policies and procedures to comply with this paragraph or the financial institution reasonably believed that the institution is prohibited, by law, from contacting the consumer.
( G ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Negative information The term negative information means information concerning a customers delinquencies, late payments, insolvency, or any form of default.
( ii ) Customer ; financial institution The terms customer and financial institution have the same meanings as in section 6809 of this title.
( 8 ) Ability of consumer to dispute information directly with furnisher ( A ) In general The Bureau, in consultation with the Federal Trade Commission, the Federal banking agencies, and the XXXX XXXX XXXX XXXX, shall prescribe regulations that shall identify the circumstances under which a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer.
( B ) Considerations In prescribing regulations under subparagraph ( A ), the agencies shall weigh ( i ) the benefits to consumers with the costs on furnishers and the credit reporting system ; ( ii ) the impact on the overall accuracy and integrity of consumer reports of any such requirements ; ( iii ) whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute ; and ( iv ) the potential impact on the credit reporting process if credit repair organizations, as defined in section 1679a ( 3 ) of this title, including entities that would be a credit repair organization, but for section 1679a ( 3 ) ( B ) ( i ) of this title, are able to circumvent the prohibition in subparagraph ( G ).
( C ) Applicability Subparagraphs ( D ) through ( G ) shall apply in any circumstance identified under the regulations promulgated under subparagraph ( A ).
( D ) Submitting a notice of dispute A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that ( i ) identifies the specific information that is being disputed ; ( ii ) explains the basis for the dispute; and ( iii ) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute.
( E ) Duty of person after receiving notice of dispute After receiving a notice of dispute from a consumer pursuant to subparagraph ( D ), the person that provided the information in dispute to a consumer reporting agency shall ( i ) conduct an investigation with respect to the disputed information ; ( ii ) review all relevant information provided by the consumer with the notice ; ( iii ) complete such persons investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and ( iv ) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate.
( F ) Frivolous or irrelevant dispute ( i ) In general This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including ( I ) by reason of the failure of a consumer to provide sufficient information to investigate the disputed information ; or ( II ) the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection ( b ), with respect to which the person has already performed the persons duties under this paragraph or subsection ( b ), as applicable.
( ii ) Notice of determination Upon making any determination under clause ( i ) that a dispute is frivolous or irrelevant, the person shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the person.
( iii ) Contents of notice A notice under clause ( ii ) shall include ( I ) the reasons for the determination under clause ( i ) ; and ( II ) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information.
( G ) Exclusion of credit repair organizations This paragraph shall not apply if the notice of the dispute is submitted by, is prepared on behalf of the consumer by, or is submitted on a form supplied to the consumer by, a credit repair organization, as defined in section 1679a ( 3 ) of this title, or an entity that would be a credit repair organization, but for section 1679a ( 3 ) ( B ) ( i ) of this title.
( 9 ) Duty to provide notice of status as medical information furnisher A person whose primary business is providing medical services, products, or devices, or the persons agent or assignee, who furnishes information to a consumer reporting agency on a consumer shall be considered a medical information furnisher for purposes of this subchapter, and shall notify the agency of such status.
( b ) Duties of furnishers of information upon notice of dispute ( 1 ) In general After receiving notice pursuant to section 1681i ( a ) ( 2 ) of this title of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall ( A ) conduct an investigation with respect to the disputed information ; ( B ) review all relevant information provided by the consumer reporting agency pursuant to section 1681i ( a ) ( 2 ) of this title ; ( C ) report the results of the investigation to the consumer reporting agency ; ( D ) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis ; and ( E ) if an item of information disputed by a consumer is found to be inaccurate or incomplete or can not be verified after any reinvestigation under paragraph ( 1 ), for purposes of reporting to a consumer reporting agency only, as appropriate, based on the results of the reinvestigation promptly ( i ) modify that item of information ; ( ii ) delete that item of information ; or ( iii ) permanently block the reporting of that item of information.
( 2 ) Deadline A person shall complete all investigations, reviews, and reports required under paragraph ( 1 ) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which the consumer reporting agency is required to complete actions required by that section regarding that information.
( c ) Limitation on liability Except as provided in section 1681s ( c ) ( 1 ) ( B ) of this title, sections 1681n and 1681o of this title do not apply to any violation of ( 1 ) subsection ( a ) of this section, including any regulations issued thereunder ; ( 2 ) subsection ( e ) of this section, except that nothing in this paragraph shall limit, expand, or otherwise affect liability under section 1681n or 1681o of this title, as applicable, for violations of subsection ( b ) of this section; or ( 3 ) subsection ( e ) of section 1681m of this title.
( d ) Limitation on enforcement The provisions of law described in paragraphs ( 1 ) through ( 3 ) of subsection ( c ) ( other than with respect to the exception described in paragraph ( 2 ) of subsection ( c ) ) shall be enforced exclusively as provided under section 1681s of this title by the Federal agencies and officials and the State officials identified in section 1681s of this title.
( e ) Accuracy guidelines and regulations required ( 1 ) Guidelines The Bureau shall, with respect to persons or entities that are subject to the enforcement authority of the Bureau under section 1681s of this title ( A ) establish and maintain guidelines for use by each person that furnishes information to a consumer reporting agency regarding the accuracy and integrity of the information relating to consumers that such entities furnish to consumer reporting agencies, and update such guidelines as often as necessary ; and ( B ) prescribe regulations requiring each person that furnishes information to a consumer reporting agency to establish reasonable policies and procedures for implementing the guidelines established pursuant to subparagraph ( A ).
( 2 ) Criteria In developing the guidelines required by paragraph ( 1 ) ( A ), the Bureau shall ( A ) identify patterns, practices, and specific forms of activity that can compromise the accuracy and integrity of information furnished to consumer reporting agencies ; ( B ) review the methods ( including technological means ) used to furnish information relating to consumers to consumer reporting agencies ; ( C ) determine whether persons that furnish information to consumer reporting agencies maintain and enforce policies to ensure the accuracy and integrity of information furnished to consumer reporting agencies ; and ( D ) examine the policies and processes that persons that furnish information to consumer reporting agencies employ to conduct reinvestigations and correct inaccurate information relating to consumers that has been furnished to consumer reporting agencies.
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| 06/14/2021 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Incorrect information on your report
- Information belongs to someone else
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Web |
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I recently took a look at my credit profile with XXXX, Equifax, & XXXX and discovered accounts that are not mines and were fraudulent. I have the following accounts that need to be removed from my profile immediately as it is severely affecting my quality of living.
1. XXXX XXXX XXXX XXXX {$4700.00} 2. XXXX XXXX XXXX {$2500.00} 3. XXXX {$2000.00} I have tried reaching out to the bureaus and they keep telling me that there isn't much they can do. It's not fair that someone can do this and the credit bureaus seem clueless as to how to help victims.
I do understand under the F.C.R.A that consumers have the right to have items removed when they are inaccurate or in my case a result of identity theft.
605B. Block of information resulting from identity theft [ 15 U.S.C. 1681c-2 ] ( a ) Block. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer ; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer.
( b ) Notification. A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) -- ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section ; and ( 4 ) of the effective dates of the block.
609. Disclosures to consumers [ 15 U.S.C. 1681g ] ( a ) Information on file ; sources ; report recipients. Every consumer reporting agency shall, upon request, and subject to 610 ( a ) ( 1 ) [ 1681h ], clearly and accurately disclose to the consumer : ( 1 ) All information in the consumer 's file at the time of the request except that -- ( A ) if the consumer to whom the file relates requests that the first 5 digits of the social security number ( or similar identification number ) of the consumer not be included in the disclosure and the consumer reporting agency has received appropriate proof of the identity of the requester, the consumer reporting agency shall so truncate such number in such disclosure ; and ( B ) nothing in this paragraph shall be construed to require a consumer reporting agency to disclose to a consumer any information concerning credit scores or any other risk scores or predictors relating to the consumer.
( 2 ) The sources of the information ; except that the sources of information acquired solely for use in preparing an investigative consumer report and actually use for no other purpose need not be disclosed : Provided, That in the event an action is brought under this title, such sources shall be available to the plaintiff under appropriate discovery procedures in the court in which the action is brought.
( 3 ) ( A ) Identification of each person ( including each end-user identified under section 607 ( e ) ( 1 ) [ 1681e ] ) that procured a consumer report ( i ) for employment purposes, during the 2-year period preceding the date on which the request is made ; or ( ii ) for any other purpose, during the 1-year period preceding the date on which the request is made.
( B ) An identification of a person under subparagraph ( A ) shall include ( i ) the name of the person or, if applicable, the trade name ( written in full ) under which such person conducts business ; and ( ii ) upon request of the consumer, the address and telephone number of the person.
( C ) Subparagraph ( A ) does not apply if ( i ) the end user is an agency or department of the United States Government that procures the report from the person for purposes of determining the eligibility of the consumer to whom the report relates to receive access or continued access to classified information ( as defined in section 604 ( b ) ( 4 ) ( E ) ( i ) ) ; and ( ii ) the head of the agency or department makes a written finding as prescribed under section 604 ( b ) ( 4 ) ( A ).
( 4 ) The dates, original payees, and amounts of any checks upon which is based any adverse characterization of the consumer, included in the file at the time of the disclosure.
( 5 ) A record of all inquiries received by the agency during the 1-year period preceding the request that identified the consumer in connection with a credit or insurance transaction that was not initiated by the consumer.
( 6 ) If the consumer requests the credit file and not the credit score, a statement that the consumer may request and obtain a credit score.
( b ) Exempt information. The requirements of subsection ( a ) of this section respecting the disclosure of sources of information and the recipients of consumer reports do not apply to information received or consumer reports furnished prior to the effective date of this title except to the extent that the matter involved is contained in the files of the consumer reporting agency on that date.
( c ) Summary of Rights to Obtain and Dispute Information in Consumer Reports and to Obtain Credit Scores ( 1 ) Bureau Summary of Rights Required ( A ) In general. The Bureau shall prepare a model summary of the rights of consumers under this title.
( B ) Content of summary. The summary of rights prepared under subparagraph ( A ) shall include a description of ( i ) the right of a consumer to obtain a copy of a consumer report under subsection ( a ) from each consumer reporting agency ; ( ii ) the frequency and circumstances under which a consumer is entitled to receive a consumer report without charge under section 612 ; ( iii ) the right of a consumer to dispute information in the file of the consumer under section 611 ; ( iv ) the right of a consumer to obtain a credit score from a consumer reporting agency, and a description of how to obtain a credit score ; ( v ) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency without charge, as provided in the regulations of the Bureau prescribed under section 211 ( c ) of the Fair and Accurate Credit Transactions Act of 2003 ; and ( vi ) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency described in section 603 ( w ), as provided in the regulations of the Bureau prescribed under section 612 ( a ) ( 1 ) ( C ).
( C ) Availability of summary of rights. The Bureau shall ( i ) actively publicize the availability of the summary of rights prepared under this paragraph ; ( ii ) conspicuously post on its Internet website the availability of such summary of rights ; and ( iii ) promptly make such summary of rights available to consumers, on request.
( 2 ) Summary of rights required to be included with agency disclosures. A consumer reporting agency shall provide to a consumer, with each written disclosure by the agency to the consumer under this section ( A ) the summary of rights prepared by the Bureau under paragraph ( 1 ) ; ( B ) in the case of a consumer reporting agency described in section 603 ( p ), a toll-free telephone number established by the agency, at which personnel are accessible to consumers during normal business hours ; ( C ) a list of all Federal agencies responsible for enforcing any provision of this title, and the address and any appropriate phone number of each such agency, in a form that will assist the consumer in selecting the appropriate agency ; ( D ) a statement that the consumer may have additional rights under State law, and that the consumer may wish to contact a State or local consumer protection agency or a State attorney general ( or the equivalent thereof ) to learn of those rights ; and ( E ) a statement that a consumer reporting agency is not required to remove accurate derogatory information from the file of a consumer, unless the information is outdated under section 605 or can not be verified.
( d ) Summary of Rights of Identity Theft Victims ( 1 ) In general. The Bureau, in consultation with the Federal banking agencies and the National Credit Union Administration, shall prepare a model summary of the rights of consumers under this title with respect to the procedures for remedying the effects of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor.
( 2 ) Summary of rights and contact information. Beginning 60 days after the date on which the model summary of rights is prescribed in final form by the Bureau pursuant to paragraph ( 1 ), if any consumer contacts a consumer reporting agency and expresses a belief that the consumer is a victim of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor, the consumer reporting agency shall, in addition to any other action that the agency may take, provide the consumer with a summary of rights that contains all of the information required by the Bureau under paragraph ( 1 ), and information on how to contact the Bureau to obtain more detailed information.
( e ) Information Available to Victims ( 1 ) In general. For the purpose of documenting fraudulent transactions resulting from identity theft, not later than 30 days after the date of receipt of a request from a victim in accordance with paragraph ( 3 ), and subject to verification of the identity of the victim and the claim of identity theft in accordance with paragraph ( 2 ), a business entity that has provided credit to, provided for consideration products, goods, or services to, accepted payment from, or otherwise entered into a commercial transaction for consideration with, a person who has allegedly made unauthorized use of the means of identification of the victim, shall provide a copy of application and business transaction records in the control of the business entity, whether maintained by the business entity or by another person on behalf of the business entity, evidencing any transaction alleged to be a result of identity theft to ( A ) the victim ; ( B ) any Federal, State, or local government law enforcement agency or officer specified by the victim in such a request ; or ( C ) any law enforcement agency investigating the identity theft and authorized by the victim to take receipt of records provided under this subsection.
( 2 ) Verification of identity and claim. Before a business entity provides any information under paragraph ( 1 ), unless the business entity, at its discretion, otherwise has a high degree of confidence that it knows the identity of the victim making a request under paragraph ( 1 ), the victim shall provide to the business entity ( A ) as proof of positive identification of the victim, at the election of the business entity ( i ) the presentation of a government-issued identification card ; ( ii ) personally identifying information of the same type as was provided to the business entity by the unauthorized person ; or ( iii ) personally identifying information that the business entity typically requests from new applicants or for new transactions, at the time of the victim 's request for information, including any documentation described in clauses ( i ) and ( ii ) ; and ( B ) as proof of a claim of identity theft, at the election of the business entity ( i ) a copy of a police report evidencing the claim of the victim of identity theft ; and ( ii ) a properly completed ( I ) copy of a standardized affidavit of identity theft developed and made available by the Bureau ; or ( II ) an affidavit of fact that is acceptable to the business entity for that purpose.
( 3 ) Procedures. The request of a victim under paragraph ( 1 ) shall ( A ) be in writing ; ( B ) be mailed to an address specified by the business entity, if any ; and ( C ) if asked by the business entity, include relevant information about any transaction alleged to be a result of identity theft to facilitate compliance with this section including ( i ) if known by the victim ( or if readily obtainable by the victim ), the date of the application or transaction ; and ( ii ) if known by the victim ( or if readily obtainable by the victim ), any other identifying information such as an account or transaction number.
( 4 ) No charge to victim. Information required to be provided under paragraph ( 1 ) shall be so provided without charge.
( 5 ) Authority to decline to provide information. A business entity may decline to provide information under paragraph ( 1 ) if, in the exercise of good faith, the business entity determines that ( A ) this subsection does not require disclosure of the information ; ( B ) after reviewing the information provided pursuant to paragraph ( 2 ), the business entity does not have a high degree of confidence in knowing the true identity of the individual requesting the information ; ( C ) the request for the information is based on a misrepresentation of fact by the individual requesting the information relevant to the request for information ; or ( D ) the information requested is Internet navigational data or similar information about a person 's visit to a website or online service.
( 6 ) Limitation on liability. Except as provided in section 621, sections 616 and 617 do not apply to any violation of this subsection.
( 7 ) Limitation on civil liability. No business entity may be held civilly liable under any provision of Federal, State, or other law for disclosure, made in good faith pursuant to this subsection.
( 8 ) No new recordkeeping obligation. Nothing in this subsection creates an obligation on the part of a business entity to obtain, retain, or maintain information or records that are not otherwise required to be obtained, retained, or maintained in the ordinary course of its business or under other applicable law.
( 9 ) Rule of Construction ( A ) In general. No provision of subtitle A of title V of Public Law 106-102, prohibiting the disclosure of financial information by a business entity to third parties shall be used to deny disclosure of information to the victim under this subsection.
( B ) Limitation. Except as provided in subparagraph ( A ), nothing in this subsection permits a business entity to disclose information, including information to law enforcement under subparagraphs ( B ) and ( C ) of paragraph ( 1 ), that the business entity is otherwise prohibited from disclosing under any other applicable provision of Federal or State law.
( 10 ) Affirmative defense. In any civil action brought to enforce this subsection, it is an affirmative defense ( which the defendant must establish by a preponderance of the evidence ) for a business entity to file an affidavit or answer stating that ( A ) the business entity has made a reasonably diligent search of its available business records ; and ( B ) the records requested under this subsection do not exist or are not reasonably available.
( 11 ) Definition of victim. For purposes of this subsection, the term " victim '' means a consumer whose means of identification or financial information has been used or transferred ( or has been alleged to have been used or transferred ) without the authority of that consumer, with the intent to commit, or to aid or abet, an identity theft or a similar crime.
( 12 ) Effective date. This subsection shall become effective 180 days after the date of enactment of this subsection.
( 13 ) Effectiveness study. Not later than 18 months after the date of enactment of this subsection, the Comptroller General of the United States shall submit a report to Congress assessing the effectiveness of this provision.
( f ) Disclosure of Credit Scores ( 1 ) In general. Upon the request of a consumer for a credit score, a consumer reporting agency shall supply to the consumer a statement indicating that the information and credit scoring model may be different than the credit score that may be used by the lender, and a notice which shall include ( A ) the current credit score of the consumer or the most recent credit score of the consumer that was previously calculated by the credit reporting agency for a purpose related to the extension of credit ; ( B ) the range of possible credit scores under the model used ; ( C ) all of the key factors that adversely affected the credit score of the consumer in the model used, the total number of which shall not exceed 4, subject to paragraph ( 9 ) ; ( D ) the date on which the credit score was created ; and ( E ) the name of the person or entity that provided the credit score or credit file upon which the credit score was created.
( 2 ) Definitions. For purposes of this subsection, the following definitions shall apply : ( A ) The term " credit score '' ( i ) means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default ( and the numerical value or the categorization derived from such analysis may also be referred to as a " risk predictor '' or " risk score '' ) ; and ( ii ) does not include ( I ) any mortgage score or rating of an automated underwriting system that considers one or more factors in addition to credit information, including the loan to value ratio, the amount of down payment, or the financial assets of a consumer ; or ( II ) any other elements of the underwriting process or underwriting decision.
( B ) The term " key factors '' means all relevant elements or reasons adversely affecting the credit score for the particular individual, listed in the order of their importance based on their effect on the credit score.
( 3 ) Timeframe and manner of disclosure. The information required by this subsection shall be provided in the same timeframe and manner as the information described in subsection ( a ).
( 4 ) Applicability to certain uses. This subsection shall not be construed so as to compel a consumer reporting agency to develop or disclose a score if the agency does not ( A ) distribute scores that are used in connection with residential real property loans ; or ( B ) develop scores that assist credit providers in understanding the general credit behavior of a consumer and predicting the future credit behavior of the consumer.
( 5 ) Applicability to credit scores developed by another person.
( A ) In general. This subsection shall not be construed to require a consumer reporting agency that distributes credit scores developed by another person or entity to provide a further explanation of them, or to process a dispute arising pursuant to section 611, except that the consumer reporting agency shall provide the consumer with the name and address and website for contacting the person or entity who developed the score or developed the methodology of the score.
( B ) Exception. This paragraph shall not apply to a consumer reporting agency that develops or modifies scores that are developed by another person or entity.
( 6 ) Maintenance of credit scores not required. This subsection shall not be construed to require a consumer reporting agency to maintain credit scores in its files.
( 7 ) Compliance in certain cases. In complying with this subsection, a consumer reporting agency shall ( A ) supply the consumer with a credit score that is derived from a credit scoring model that is widely distributed to users by that consumer reporting agency in connection with residential real property loans or with a credit score that assists the consumer in understanding the credit scoring assessment of the credit behavior of the consumer and predictions about the future credit behavior of the consumer ; and ( B ) a statement indicating that the information and credit scoring model may be different than that used by the lender.
( 8 ) Fair and reasonable fee. A consumer reporting agency may charge a fair and reasonable fee, as determined by the Bureau, for providing the information required under this subsection. See also 69 Fed. Reg. 64698 ( 11/08/04 ) ( 9 ) Use of enquiries as a key factor. If a key factor that adversely affects the credit score of a consumer consists of the number of enquiries made with respect to a consumer report, that factor shall be included in the disclosure pursuant to paragraph ( 1 ) ( C ) without regard to the numerical limitation in such paragraph.
( g ) Disclosure of Credit Scores by Certain Mortgage Lenders ( 1 ) In general. Any person who makes or arranges loans and who uses a consumer credit score, as defined in subsection ( f ), in connection with an application initiated or sought by a consumer for a closed end loan or the establishment of an open end loan for a consumer purpose that is secured by 1 to 4 units of residential real property ( hereafter in this subsection referred to as the " lender '' ) shall provide the following to the consumer as soon as reasonably practicable : ( A ) Information Required under Subsection ( f ) ( i ) In general. A copy of the information identified in subsection ( f ) that was obtained from a consumer reporting agency or was developed and used by the user of the information.
( ii ) Notice under subparagraph ( D ). In addition to the information provided to it by a third party that provided the credit score or scores, a lender is only required to provide the notice contained in subparagraph ( D ).
( B ) Disclosures in Case of Automated Underwriting System ( i ) In general. If a person that is subject to this subsection uses an automated underwriting system to underwrite a loan, that person may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency.
( ii ) Numerical credit score. However, if a numerical credit score is generated by an automated underwriting system used by an enterprise, and that score is disclosed to the person, the score shall be disclosed to the consumer consistent with subparagraph ( c ).
( iii ) Enterprise defined. For purposes of this subparagraph, the term " enterprise '' has the same meaning as in paragraph ( 6 ) of section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992.
( C ) Disclosures of credit scores not obtained from a consumer reporting agency.
A person that is subject to the provisions of this subsection and that uses a credit score, other than a credit score provided by a consumer reporting agency, may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency.
( D ) Notice to home loan applicants. A copy of the following notice, which shall include the name, address, and telephone number of each consumer reporting agency providing a credit score that was used : " Notice To The Home Loan Applicant " In connection with your application for a home loan, the lender must disclose to you the score that a consumer reporting agency distributed to users and the lender used in connection with your home loan, and the key factors affecting your credit scores.
" The credit score is a computer generated summary calculated at the time of the request and based on information that a consumer reporting agency or lender has on file.
The scores are based on data about your credit history and payment patterns. Credit scores are important because they are used to assist the lender in determining whether you will obtain a loan. They may also be used to determine what interest rate you may be offered on the mortgage. Credit scores can change over time, depending on your conduct, how your credit history and payment patterns change, and how credit scoring technologies change.
" Because the score is based on information in your credit history, it is very important that you review the credit-related information that is being furnished to make sure it is accurate. Credit records may vary from one company to another.
" If you have questions about your credit score or the credit information that is furnished to you, contact the consumer reporting agency at the address and telephone number provided with this notice, or contact the lender, if the lender developed or generated the credit score. The consumer reporting agency plays no part in the decision to take any action on the loan application and is unable to provide you with specific reasons for the decision on a loan application.
" If you have questions concerning the terms of the loan, contact the lender. '' ( E ) Actions not required under this subsection. This subsection shall not require any person to ( i ) explain the information provided pursuant to subsection ( f ) ; ( ii ) disclose any information other than a credit score or key factors, as defined in subsection ( f ) ; ( iii ) disclose any credit score or related information obtained by the user after a loan has closed ; ( iv ) provide more than 1 disclosure per loan transaction ; or ( v ) provide the disclosure required by this subsection when another person has made the disclosure to the consumer for that loan transaction.
( F ) No Obligation for Content ( i ) In general. The obligation of any person pursuant to this subsection shall be limited solely to providing a copy of the information that was received from the c
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| 09/24/2022 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Improper use of your report
- Reporting company used your report improperly
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Web |
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Under 15 US Code 1681b Permissable Purposes of Consumer Reports. they have violated my rights. I never gave permission for any other this to be put on my credit report. I want everything removed immediately.
( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.
( 2 ) In accordance with the written instructions of the consumer to whom it relates.
( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.
( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.
( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.
( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award.
( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable.
( b ) Conditions for furnishing and using consumer reports for employment purposes ( 1 ) Certification from user A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) [ 1 ] of this title.
( 2 ) Disclosure to consumer ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.
( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.
( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.
( 3 ) Conditions on use for adverse actions ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.
( B ) Application by mail, telephone, computer, or other similar means ( XXXX ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.
( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.
( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.
( 4 ) Exception for national security investigations ( A ) In general In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph ( 3 ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that ( i ) the consumer report is relevant to a national security investigation of such agency or department ; ( ii ) the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( 3 ) will ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding.
( B ) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph ( A ), or upon the determination that the exception under subparagraph ( A ) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made ( i ) a copy of such consumer report with any classified information redacted as necessary ; ( ii ) notice of any adverse action which is based, in part, on the consumer report ; and ( iii ) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought.
( C ) Delegation by head of agency or department For purposes of subparagraphs ( A ) and ( B ), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank.
( D ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Classified information The term classified information means information that is protected from unauthorized disclosure under Executive Order No. XXXX or successor orders.
( ii ) National security investigation The term national security investigation means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised.
( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 1 ) In general A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person ; or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance ; ( ii ) the consumer reporting agency has complied with subsection ( e ) ; ( iii ) there is not in effect an election by the consumer, made in accordance with subsection ( e ), to have the consumers name and address excluded from lists of names provided by the agency pursuant to this paragraph ; and ( iv ) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing.
( 2 ) Limits on information received under paragraph ( 1 ) ( B ) A person may receive pursuant to paragraph ( 1 ) ( B ) only ( A ) the name and address of a consumer ; ( B ) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer ; and ( C ) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.
( 3 ) Information regarding inquiries Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.
( d ) Reserved ( e ) Election of consumer to be excluded from lists ( 1 ) In general A consumer may elect to have the consumers name and address excluded from any list provided by a consumer reporting agency under subsection ( c ) ( 1 ) ( B ) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph ( 2 ) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer.
( 2 ) Manner of notification A consumer shall notify a consumer reporting agency under paragraph ( 1 ) ( A ) through the notification system maintained by the agency under paragraph ( 5 ) ; or ( B ) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.
( 3 ) Response of agency after notification through system Upon receipt of notification of the election of a consumer under paragraph ( 1 ) through the notification system maintained by the agency under paragraph ( 5 ), a consumer reporting agency shall ( A ) inform the consumer that the election is effective only for the 5-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph ( 2 ) ( B ) ; and ( B ) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph ( 5 ), in the case of a request made at the time the consumer provides notification through the system.
( 4 ) Effectiveness of election An election of a consumer under paragraph ( 1 ) ( A ) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph ( 2 ) ; ( B ) shall be effective with respect to a consumer reporting agency ( i ) subject to subparagraph ( C ), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph ( 2 ) ( A ) ; or ( ii ) until the consumer notifies the agency under subparagraph ( C ), in the case of an election for which a consumer notifies the agency in accordance with paragraph ( 2 ) ( B ) ; ( C ) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph ( 5 ), that the election is no longer effective ; and ( D ) shall be effective with respect to each affiliate of the agency.
( 5 ) Notification system ( A ) In general Each consumer reporting agency that, under subsection ( c ) ( 1 ) ( B ), furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall ( i ) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumers election to have the consumers name and address excluded from any such list of names and addresses provided by the agency for such a transaction ; and ( ii ) publish by not later than 365 days after XX/XX/XXXX, and not less than annually thereafter, in a publication of general circulation in the area served by the agency ( I ) a notification that information in consumer files maintained by the agency may be used in connection with such transactions ; and ( II ) the address and toll-free telephone number for consumers to use to notify the agency of the consumers election under clause ( i ).
( B ) Establishment and maintenance as compliance Establishment and maintenance of a notification system ( including a toll-free telephone number ) and publication by a consumer reporting agency on the agencys own behalf and on behalf of any of its affiliates in accordance with this paragraph is deemed to be compliance with this paragraph by each of those affiliates.
( 6 ) Notification system by agencies that operate nationwide Each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system for purposes of paragraph ( 5 ) jointly with other such consumer reporting agencies.
( f ) Certain use or obtaining of information prohibited A person shall not use or obtain a consumer report for any purpose unless ( 1 ) the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section; and ( 2 ) the purpose is certified in accordance with section 1681e of this title by a prospective user of the report through a general or specific certification.
( g ) Protection of medical information ( 1 ) Limitation on consumer reporting agencies A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction, a consumer report that contains medical information ( other than medical contact information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) about a consumer, unless ( A ) if furnished in connection with an insurance transaction, the consumer affirmatively consents to the furnishing of the report ; ( B ) if furnished for employment purposes or in connection with a credit transaction ( i ) the information to be furnished is relevant to process or effect the employment or credit transaction ; and ( ii ) the consumer provides specific written consent for the furnishing of the report that describes in clear and conspicuous language the use for which the information will be furnished ; or ( C ) the information to be furnished pertains solely to transactions, accounts, or balances relating to debts arising from the receipt of medical services, products, or devises, where such information, other than account status or amounts, is restricted or reported using codes that do not identify, or do not provide information sufficient to infer, the specific provider or the nature of such services, products, or devices, as provided in section 1681c ( a ) ( 6 ) of this title.
( 2 ) Limitation on creditors Except as permitted pursuant to paragraph ( 3 ) ( C ) or regulations prescribed under paragraph ( 5 ) ( A ), a creditor shall not obtain or use medical information ( other than medical information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) pertaining to a consumer in connection with any determination of the consumers eligibility, or continued eligibility, for credit.
( 3 ) Actions authorized by Federal law, insurance activities and regulatory determinations Section 1681a ( d ) ( 3 ) of this title shall not be construed so as to treat information or any communication of information as a consumer report if the information or communication is disclosed ( A ) in connection with the business of insurance or annuities, including the activities described in section 18B of the model Privacy of Consumer Financial and Health Information Regulation issued by the National Association of Insurance Commissioners ( as in effect on XX/XX/XXXX ) ; ( B ) for any purpose permitted without authorization under the Standards for Individually Identifiable Health Information promulgated by the Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996, or referred to under section 1179 of such Act,1 or described in section 6802 ( e ) of this title ; or ( C ) as otherwise determined to be necessary and appropriate, by regulation or order, by the Bureau or the applicable State insurance authority ( with respect to any person engaged in providing insurance or annuities ).
( 4 ) Limitation on redisclosure of medical information Any person that receives medical information pursuant to paragraph ( 1 ) or ( 3 ) shall not disclose such information to any other person, except as necessary to carry out the purpose for which the information was initially disclosed, or as otherwise permitted by statute, regulation, or order.
( 5 ) Regulations and effective date for paragraph ( 2 ) ( A ) [ 2 ] Regulations required The Bureau may, after notice and opportunity for comment, prescribe regulations that permit transactions under paragraph ( 2 ) that are determined to be necessary and appropriate to protect legitimate operational, transactional, risk, consumer, and other needs ( and which shall include permitting actions necessary for administrative verification purposes ), consistent with the intent of paragraph ( 2 ) to restrict the use of medical information for inappropriate purposes.
( 6 ) Coordination with other laws No provision of this subsection shall be construed as altering, affecting, or superseding the applicability of any other provision of Federal law relating to medical confidentiality.
( Pub. L. 90321, title VI, 604, as added Pub. L. 91508, title VI, 601, XXXX XXXX, XXXX, 84 Stat. 1129 ; amended Pub. XXXX XXXX, title XXXX, XXXX ( c ), XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. L. 104193, title III, 352, XXXX XXXX, XXXX, 110 Stat. 2240 ; Pub. L. 104208, XXXX. A, title II, 2403, 2404 ( a ), ( b ), 2405, XXXX XXXX, XXXX, 110 Stat. 3009430, 3009431, 3009433, 3009434 ; Pub. L. 105107, title III, 311 ( a ), XXXX XXXX, XXXX, 111 Stat. 2255 ; Pub. L. 105347, 2, 3, 6 ( 4 ), XXXX XXXX, XXXX, 112 Stat. 3208, 3210, 3211 ; Pub. L. 107306, title VIII, 811 ( b ) ( 8 ) ( A ), XXXX XXXX, XXXX, 116 Stat. 2426 ; Pub. L. 108159, title II, 213 ( c ), title IV, 411 ( a ), 412 ( f ), title VIII, 811 ( b ), XXXX XXXX, XXXX, 117 Stat. 1979, 1999, 2003, 2011 ; Pub. L. 108177, title III, 361 ( j ), XXXX XXXX, XXXX, 117 Stat. 2625 ; Pub. L. 109351, title VII, 719, XXXX XXXX, XXXX, 120 Stat. 1998 ; Pub. L. 110161, div. D, title VII, 743, XXXX XXXX, XXXX, 121 Stat. 2033 ; Pub. L. 11124, title III, 302, XX/XX/XXXX, 123 Stat. 1748 ; Pub. L. 111203, title X, 1088 ( a ) ( 2 ) ( A ), ( 4 ), XX/XX/XXXX, 124 Stat. 2087 ; Pub. L. 11494, div. G, title LXXX, 80001, XXXX XXXX, XXXX, 129 Stat. 1792 ; Pub. L. 116283, div. F, title LXIII, 6308 ( b ), XXXX XXXX, XXXX, 134 Stat. 4594. )
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- Credit reporting, credit repair services, or other personal consumer reports
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- Reporting company used your report improperly
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Exhibit A Update My Personal Information XXXX XXXX Address XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX To Whom It May Concern : This is my second time writing you to update my personal information.
15 USC 1681 ( a ) ( 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.
I demand a deletion of all personal identifiable information from my consumer credit report with the exception of : 1. My Full Legal Name : XXXX XXXX 2. My Address : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Please delete all other addresses, I can not receive mail or any correspondence nor do I have access to wany of these addresses please delete these outdated addresses and update the address with the one above. I demand my social security number and date of birth be removed from being displayed on the credit file for privacy reasons. Delete all information in the employer section.
Pursuant to the FAIR CREDIT REPORTING ACT 15 USC 1681 ( a ) ( 4 ), I am a federally protected consumer and I have a right to privacy. Not granting me my rights is in direct violation of 15 USC 1681 and all its subsections.
Please send an updated credit report once the changes are complete to my contact information listed.
My contact information is as follows : Name : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXSincerely, XXXX XXXX Exhibit B Permissible purpose of consumer reports To Whom It May Concern : This notice is to inform you that you unlawfully reported an unauthorized account on my consumer report. I have not given you written permission to put anything on my credit profile. You have no permissible purpose by law to contact third parties with my private or personal information. Your offenses amount to Aggravated Identity Theft pursuant to 18 U.S.C. 1028A. You have knowingly transferred, possessed, or used, without lawful authority, a means of identification of me, which is a felony punishable with up to 2 years of imprisonment, in addition to civil liability.
I am writing this letter to dispute and file a Complaint the following accounts XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX This agency is in violation of 15 USC 1692g. They were to notify me of this in writing 5 days prior, I was not. As the original creditor only, I can validate this debt. I do not validate this debt. Therefore, the following accounts must be deleted from my report.
Failure to respond satisfactorily with deletion of the above referenced account, and send out a free copy of my report after the changes have been made will result in legal actions being taken against your company, for which I will also be seeking {$1000.00} per violation for : 1. Defamation of Character ( per se ) 2. Negligent Enablement of Identity Fraud 3. Fair Debt Collections Practices Act 15 USC 1692g violations 4. Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] Thank you, XXXX XXXX Exhibit C IDENTITY THEFT To Whom It May Concern : This notice is to inform you that you unlawfully reported fraudulent accounts that arose from IDENTITY THEFT that you did not verify as required by law on my consumer report.
15 USC 1681b ( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 3 ) Information regarding inquiries ; Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.
The Following Inquires are a result of Identity theft and was not initiated by me, I demand that they are DELETED immediately : My identity has been stolen you are hereby put on notice.
Aggravated Identity Theft pursuant to 18 U.S.C. 1028A.
( 1 ) In general. Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.
An identification of me has been used without my permission to open several accounts that have damaged my reputation and damaged my mode of living because you furnished a consumer report without my written permission as stated by Federal Law 15 USC 1681b Permissible purpose of consumer reports.
IN GENERAL Subject to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.
XXXX, Equifax, XXXX have aided this Fraud by not verifying these accounts.
Congress states 15 USC 1681 Fair Credit Reporting Act ( a ) Accuracy and fairness of credit reports ( 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.
List Account/s here : XXXX XXXX XXXXXXXX XXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX open XX/XX/XXXX Balance XXXXInquires Pursuant 15 U.S. Code 1681c 2 - Block of information resulting from identity theft Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer ; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer.
I have attached all the relevant documents pursuant the above Section of the law. I demand all the above Fraudulent accounts DELETED immediately. I Demand an updated copy of my Consumer file reflecting these changes ( 15 USC 1681 c-1 2 Access to free reports ) ( 2 ) Access to free reports In any case in which a consumer reporting agency includes a fraud alert in the file of a consumer pursuant to this subsection, the consumer reporting agency shall ( A ) disclose to the consumer that the consumer may request a free copy of the file of the consumer pursuant to section 1681j ( d ) of this title ; and Be Advised I will CC The Bureau of Consumer Protection Financial ( CFPB ), FTC, XXXX Attorney Generals Office in your state and Mine.
Thank you, XXXX XXXX Enclosed : copy of ID, Utility Bill showing proof of address, Copy of Social Security Card FTC identity theft Report Police report Exhibit D DEBT VALIDATION LETTER Validation of a Debt Request Pursuant to 15 USC 1692g.
BE ADVISED, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g stating your claim is disputed and validation is requested.
This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. I respectfully request your offices provide me with competent evidence that I have any legal obligation to pay you.
XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX At this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major credit bureaus ( XXXX, Equifax or XXXX XXXX this action may constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following : violation of the Fair Credit Reporting Act, violation of the Fair Debt Collection Practices Act, and Defamation of Character ( per se ).
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information, during which time all collection activity shall CEASE and Desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing of information to a credit reporting repository/ agency that could be inaccurate or invalidated.
If your office fails to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file, and a copy of such deletion request shall be sent to me immediately.
Sincerely, XXXX XXXX The Following information is required. Please fill out the form below in its entirety.
1. Name and address of Alleged creditor : 2. Name on file of alleged debtor : 3. Alleged Account # : 4. Address on file for alleged debtor : 5. Amount of alleged debt : 6. Date this alleged became payable : 7. Date of original charge off or delinquency : 8. Was this debt assigned to a debt collector or purchased? ____ No ____Yes 9. Amount Paid if debt was purchased : 10. Commission for debt if collection efforts are successful : Please attach copies of the following :? Agreement with your client that grants COLLECTION COMPANY NAME the authority to collect this alleged debt.
? Signed agreement Debtor has made with Debt Collector, or other verifiable proof Debtor has a contractual obligation to pay Debt collector.
? Any agreement that bears the signature of Debtor, wherein agreed to pay Creditor.
? All statements while this account was open.
? Have any insurance claims been made by any creditor regarding this account?
o Yes o No? Have any Judgements been obtained by any creditor regarding this account?
o Yes o No Please provide me the name and address of the bonding agent for COLLECTION COMPANY NAME, in case legal action becomes necessary : Date : ________________ _________________________ Authorized Signature of Creditor You must return this completed form along with copies of all requested information, assignments or other transfer agreements, which would establish your right to collect this alleged debt within 30 calendar days from the date of receipt of this letter.
Your Claim can not and WILL NOT be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for Validation made pursuant to the Fair Debt Collection Practices Act.
Please allow 30 calendar days for processing after I receive this information.
Thank You.
Exhibit E PERMISSIBLE PURPOSE LETTER To whom it may concern, I, XXXX XXXX, never gave XXXX, XXXX, and Equifax any verbal or written consent to report anything on my consumer report. No consent is Identity Theft. A copy of the law is attached with this dispute/ complaint.
You also do not have any permissible purpose to furnish my personal information to any third party.
15 USC 1681b Permissible purpose of consumer reports ( a ) IN GENERAL Subject to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.
As a consumer, I am demanding a deletion of the following account : XXXX XXXX XXXX XXXXXXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX Sincerely, XXXX XXXX Exhibit F Truth in Lending Act To Whom It May Concern : I recently received a copy of my credit report and I noticed some account/s on my consumer report that should not be on there. I demand the below accounts deleted from my consumer report immediately.
XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX [ 15 USC 1681 ( a ) ( 2 ) ( B ) ] : ( 2 ) Exclusions. Except as provided in paragraph ( 3 ), the term consumer report does not include ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; So let me explain. Under the Truth in Lending Act 15 USC 1602 ( g ), credit card is defined as the following : The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit.
This makes my social security card, drivers license/ID, and license plate credit cards that are/were used for the extension of credit.
I demand this account/s be deleted from my consumer report.
Best regards, XXXX XXXX Exhibit G FCRA 605B ( 15 U.S.C. 1681c-2 ) To Whom It May Concern : I recently received a copy of my credit report and I noticed some account/s on my consumer report that should not be on there. I demand the below accounts deleted from my consumer report immediately.
XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX ( a ) Block. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer.
( b ) Notification. A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) of this section ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section; and ( 4 ) of the effective dates of the block.
( c ) Authority to decline or rescind.
( 1 ) In general. A consumer reporting agency may decline to block, or may rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that ( A ) the information was blocked in error or a block was requested by the consumer in error ; ( B ) the information was blocked, or a block was requested by the consumer, on the basis of a material Misrepresentation of fact by the consumer relevant to the request to block ; or ( C ) the consumer obtained possession of goods, services, or money as a result of the blocked transaction or transactions.
( 2 ) Notification to consumer. If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 1681i ( a ) ( 5 ) ( B ) of this title.
( 3 ) Significance of block. For purposes of this subsection, if a consumer reporting agency rescinds a block, the presence of information in the file of a consumer prior to the blocking of such information is not evidence of whether the consumer knew or should have known that the consumer obtained possession of any goods, services, or money as a result of the block.
( d ) Exception for resellers.
( 1 ) No reseller file. This section shall not apply to a consumer reporting agency, if the consumer reporting agency ( A ) is a reseller ; ( B ) is not, at the time of the request of the consumer under subsection ( a ) of this section, otherwise furnishing or reselling a consumer report concerning the information identified by the consumer ; and ( C ) informs the consumer, by any means, that the consumer may report the identity theft to the Bureau to obtain consumer information regarding identity theft.
( 2 ) Reseller with file. The sole obligation of the consumer reporting agency under this section, with regard to any request of a consumer under this section, shall be to block the consumer report maintained by the consumer reporting agency from any subsequent use, if ( A ) the consumer, in accordance with the provisions of subsection ( a ) of this section, identifies, to a consumer reporting agency, information in the file of the consumer that resulted from identity theft ; and ( B ) the consumer reporting agency is a reseller of the identified information.
( 3 ) Notice. In carrying out its obligation under paragraph ( 2 ), the reseller shall promptly provide a notice to the consumer Of the decision to block the file. Such notice shall contain the name, address, and telephone number of each consumer reporting agency from which the consumer information was obtained for resale.
( e ) Exception for verification companies. The provisions of this section do not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, except that, beginning 4 business days after receipt of information described in paragraphs ( 1 ) through ( 3 ) of subsection ( a ) of this section, a check services company shall not report to a national consumer reporting agency described in section 1681a ( p ) of this title, any information identified in the subject identity theft report as resulting from identity theft.
( f ) Access to blocked information by law enforcement agencies. No provision of this section shall be construed as requiring a consumer reporting agency to prevent a Federal, State, or local law enforcement agency from accessing blocked information in a consumer file to which the agency could otherwise obtain access under this subchapter.
Best regards, XXXX XXXX Exhibit H THE UNITED STATES CONGRESSIONAL CODE TITLE 15, Par. 1681 To Whom It May Concern : I recently received a copy of my credit report and I noticed some account/s on my consumer report that should not be on there. I demand the below accounts deleted from my consumer report immediately.
XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX ( 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 title 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 title.
Best regards, XXXX XXXX Exhibit I 15 U.S. Code 1681 -Congressional findings and statement of purpose To Whom It May Concern : I recently received a copy of my credit report and I noticed some account/s on my consumer report that should not be on there. I demand the below accounts deleted from my consumer report immediately.
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 XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX Best regards, XXXX XXXX Exhibit J 15 U.S. Code 1681b Permissible purposes of consumer reports To Whom It May Concern : I recently received a copy of my credit report and I noticed some account/s on my consumer report that should not be on there. I demand the below accounts deleted from my consumer report immediately.
( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.
XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX Best regards, XXXX XXXX Exhibit K 15 U.S. Code 1681c -Requirements relating to information contained in consumer reports To Whom It May Concern : I recently received a copy of my credit report and I noticed some account/s on my consumer report that should not be on there. I demand the below accounts deleted from my consumer report immediately.
( a ) Information excluded from consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : ( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.
XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX XXXX XXXX Exhibit L 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies To Whom It May Concern : I recently received a copy of my credit report and I noticed some account/s on my consumer report that should not be on there. I demand the below accounts deleted from my consumer report immediately.
( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors 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.
XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX Best regards, XXXX XXXX Exhibit M FCRA 611, Procedure in case of disputed accuracy [ 15 U.S.C. 1681i ] Requirements relating to reinsertion of previously deleted material.
To Whom It May Concern : This concerns the following accounts : XXXX XXXX XXXX XXXXXXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX The credit report shows this items was deleted from my credit file. Now I notice this item has been reinserted on my credit report. Under the requirements of the FCRA, as provided below, I am here by requesting your complete compliance with all of the provisions : FCRA 611, Procedure in case of disputed accuracy [ 15 U.S.C. 1681i ] Requirements relating to reinsertion of previously deleted material. Certification of accuracy of information. If any information is deleted from a consumers file pursuant to subparagraph ( A ), the information may not reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies the information is complete and accurate. If any information that has been deleted from a consumers file pursuant to subparagraph ( A ) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency. Additional information. As part of, or in addition to, the notice under clause ( ii ), a consumer reporting agency shall provide to a consumer in writing no later than 5 business days after the reinsertion date. ( 1 ) a statement that the disputed information has been reinserted ; ( 2 ) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information; and ( 3 ) a notice that the consumer has the right to add a statement to the consumers file disputing the accuracy or completeness of the disputed information. I have received no such notification. This is a serious violation of the FCRA, and I reserve the right to pursue further action. Your company may avoid such action by immediately deleting this listing from my credit report.
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| 01/22/2023 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Improper use of your report
- Reporting company used your report improperly
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Web |
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In accordance with the Fair Credit Reporting act. The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681.
XXXX Account # XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX XXXX Account # XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX Account # : XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX- Account # : XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX Account # : XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX XXXX XXXX XXXX XXXX XXXX Each has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX Account # : XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX Account # : XXXX XXXX Account # : XXXX Both has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX Account # : XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX XXXX XXXX Account # : XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX Account # : XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX XXXX Account # : XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX XXXX Account # : XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX XXXX Account # : XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX XXXX Account # : XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX Account # : XXXX ( opened XX/XX/XXXX ) XXXX Account # : XXXX ( opened XX/XX/XXXX ) Both has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX Account # : XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXXXXXX XXXX Account # : XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX Account XXXX : XXXX ( opened XX/XX/XXXX ) XXXX Account # : XXXX ( opened XX/XX/XXXX ) Both has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX Account # : XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX Account XXXX : XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX XXXX Account # : XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX Account # : XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX Account # : XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX XXXX Account XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX Account # : XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX Account # : XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX XXXX Account # : XXXX, has violated my rights as follows 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 which I have NOT provided. 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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX Account # : XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
XXXX Account # : XXXX, has violated my rights as follows 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 which I have NOT provided.
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 person knows or has reasonable cause to believe that the information is inaccurate.
Letters were sent out on multiple occasions, but these items still remain.
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| 03/20/2022 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Problem with a credit reporting company's investigation into an existing problem
- Their investigation did not fix an error on your report
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Web |
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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. ( XXXX ) 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. ( XXXX ) XXXX XXXX XXXX consumer.The term XXXX XXXX XXXX consumer means a consumer in military service who ( A ) is on XXXX XXXX ( as defined in section 101 ( d ) ( 1 ) of title 10 ) or is a reservist performing duty under a call or order to XXXX XXXX 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 ; XXXX XXXX alert.The terms fraud alert and XXXX XXXX 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 XXXX XXXX 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 XXXX [ 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.
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- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Problem with a credit reporting company's investigation into an existing problem
- Their investigation did not fix an error on your report
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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 XXXX of XXXX XXXX, 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 ) XXXX XXXX XXXX XXXX XXXXThe 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 XXXX XXXX XXXX XXXXXXXX ; and ( XXXX ) includes medical collection debt that the XXXX XXXX XXXXXXXX XXXX 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.
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| 09/24/2022 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Improper use of your report
- Reporting company used your report improperly
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Web |
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15 U.S. Code 1681b - Permissible purposes of consumer reports U.S. Code My rights have been violated, I did not give permission to post anything to my account and I want it removed immediately.
( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.
( 2 ) In accordance with the written instructions of the consumer to whom it relates.
( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.
( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.
( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.
( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award.
( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable.
( b ) Conditions for furnishing and using consumer reports for employment purposes ( 1 ) Certification from user A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) [ 1 ] of this title.
( 2 ) Disclosure to consumer ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.
( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.
( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.
( 3 ) Conditions on use for adverse actions ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.
( B ) Application by mail, telephone, computer, or other similar means ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.
( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.
( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.
( 4 ) Exception for national security investigations ( A ) In general In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph ( 3 ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that ( i ) the consumer report is relevant to a national security investigation of such agency or department ; ( ii ) the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( 3 ) will ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding.
( B ) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph ( A ), or upon the determination that the exception under subparagraph ( A ) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made ( i ) a copy of such consumer report with any classified information redacted as necessary ; ( ii ) notice of any adverse action which is based, in part, on the consumer report ; and ( iii ) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought.
( C ) Delegation by head of agency or department For purposes of subparagraphs ( A ) and ( B ), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank.
( D ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Classified information The term classified information means information that is protected from unauthorized disclosure under Executive Order No. XXXX or successor orders.
( ii ) National security investigation The term national security investigation means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised.
( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 1 ) In general A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person ; or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance ; ( ii ) the consumer reporting agency has complied with subsection ( e ) ; ( iii ) there is not in effect an election by the consumer, made in accordance with subsection ( e ), to have the consumers name and address excluded from lists of names provided by the agency pursuant to this paragraph ; and ( iv ) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing.
( 2 ) Limits on information received under paragraph ( 1 ) ( B ) A person may receive pursuant to paragraph ( 1 ) ( B ) only ( A ) the name and address of a consumer ; ( B ) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer ; and ( C ) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.
( 3 ) Information regarding inquiries Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.
( d ) Reserved ( e ) Election of consumer to be excluded from lists ( 1 ) In general A consumer may elect to have the consumers name and address excluded from any list provided by a consumer reporting agency under subsection ( c ) ( 1 ) ( B ) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph ( 2 ) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer.
( 2 ) Manner of notification A consumer shall notify a consumer reporting agency under paragraph ( 1 ) ( A ) through the notification system maintained by the agency under paragraph ( 5 ) ; or ( B ) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.
( 3 ) Response of agency after notification through system Upon receipt of notification of the election of a consumer under paragraph ( 1 ) through the notification system maintained by the agency under paragraph ( 5 ), a consumer reporting agency shall ( A ) inform the consumer that the election is effective only for the 5-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph ( 2 ) ( B ) ; and ( B ) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph ( 5 ), in the case of a request made at the time the consumer provides notification through the system.
( 4 ) Effectiveness of election An election of a consumer under paragraph ( 1 ) ( A ) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph ( 2 ) ; ( B ) shall be effective with respect to a consumer reporting agency ( i ) subject to subparagraph ( C ), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph ( 2 ) ( A ) ; or ( ii ) until the consumer notifies the agency under subparagraph ( C ), in the case of an election for which a consumer notifies the agency in accordance with paragraph ( 2 ) ( B ) ; ( C ) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph ( 5 ), that the election is no longer effective ; and ( D ) shall be effective with respect to each affiliate of the agency.
( 5 ) Notification system ( A ) In general Each consumer reporting agency that, under subsection ( c ) ( 1 ) ( B ), furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall ( i ) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumers election to have the consumers name and address excluded from any such list of names and addresses provided by the agency for such a transaction ; and ( ii ) publish by not later than 365 days after XX/XX/XXXX, and not less than annually thereafter, in a publication of general circulation in the area served by the agency ( I ) a notification that information in consumer files maintained by the agency may be used in connection with such transactions ; and ( II ) the address and toll-free telephone number for consumers to use to notify the agency of the consumers election under clause ( i ).
( B ) Establishment and maintenance as compliance Establishment and maintenance of a notification system ( including a toll-free telephone number ) and publication by a consumer reporting agency on the agencys own behalf and on behalf of any of its affiliates in accordance with this paragraph is deemed to be compliance with this paragraph by each of those affiliates.
( 6 ) Notification system by agencies that operate nationwide Each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system for purposes of paragraph ( 5 ) jointly with other such consumer reporting agencies.
( f ) Certain use or obtaining of information prohibited A person shall not use or obtain a consumer report for any purpose unless ( 1 ) the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section; and ( 2 ) the purpose is certified in accordance with section 1681e of this title by a prospective user of the report through a general or specific certification.
( g ) Protection of medical information ( 1 ) Limitation on consumer reporting agencies A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction, a consumer report that contains medical information ( other than medical contact information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) about a consumer, unless ( A ) if furnished in connection with an insurance transaction, the consumer affirmatively consents to the furnishing of the report ; ( B ) if furnished for employment purposes or in connection with a credit transaction ( i ) the information to be furnished is relevant to process or effect the employment or credit transaction ; and ( ii ) the consumer provides specific written consent for the furnishing of the report that describes in clear and conspicuous language the use for which the information will be furnished ; or ( C ) the information to be furnished pertains solely to transactions, accounts, or balances relating to debts arising from the receipt of medical services, products, or devises, where such information, other than account status or amounts, is restricted or reported using codes that do not identify, or do not provide information sufficient to infer, the specific provider or the nature of such services, products, or devices, as provided in section 1681c ( a ) ( 6 ) of this title.
( 2 ) Limitation on creditors Except as permitted pursuant to paragraph ( 3 ) ( C ) or regulations prescribed under paragraph ( 5 ) ( A ), a creditor shall not obtain or use medical information ( other than medical information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) pertaining to a consumer in connection with any determination of the consumers eligibility, or continued eligibility, for credit.
( 3 ) Actions authorized by Federal law, insurance activities and regulatory determinations Section 1681a ( d ) ( 3 ) of this title shall not be construed so as to treat information or any communication of information as a consumer report if the information or communication is disclosed ( A ) in connection with the business of insurance or annuities, including the activities described in section XXXX of the model Privacy of Consumer Financial and Health Information Regulation issued by the National Association of Insurance Commissioners ( as in effect on January 1, 2003 ) ; ( B ) for any purpose permitted without authorization under the Standards for Individually Identifiable Health Information promulgated by the Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996, or referred to under section 1179 of such Act,1 or described in section 6802 ( e ) of this title ; or ( C ) as otherwise determined to be necessary and appropriate, by regulation or order, by the Bureau or the applicable State insurance authority ( with respect to any person engaged in providing insurance or annuities ).
( 4 ) Limitation on redisclosure of medical information Any person that receives medical information pursuant to paragraph ( 1 ) or ( 3 ) shall not disclose such information to any other person, except as necessary to carry out the purpose for which the information was initially disclosed, or as otherwise permitted by statute, regulation, or order.
( 5 ) Regulations and effective date for paragraph ( 2 ) ( A ) [ 2 ] Regulations required The Bureau may, after notice and opportunity for comment, prescribe regulations that permit transactions under paragraph ( 2 ) that are determined to be necessary and appropriate to protect legitimate operational, transactional, risk, consumer, and other needs ( and which shall include permitting actions necessary for administrative verification purposes ), consistent with the intent of paragraph ( 2 ) to restrict the use of medical information for inappropriate purposes.
( 6 ) Coordination with other laws No provision of this subsection shall be construed as altering, affecting, or superseding the applicability of any other provision of Federal law relating to medical confidentiality.
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| 11/20/2021 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Incorrect information on your report
- Personal information incorrect
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Web |
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XX/XX/XXXX, XXXX, and Equifax. I am disputing the PREVIOUS ADDRESSES that are on my credit reports. Mail me proof that the Previous addresses you have on my credit report are mines. I have not given Permission to and furnisher or debt collector to obtain my addresses. 15 US code 1681b Permissible purpose of consumer reports state that I must give permission in writing or orally. I have NOT given any furnisher OR debt collector my NAME or ADDRESS and PREVIOUS ADDRESSES. MAIL ME PROOF THAT I GAVE WRITTEN CONTENT OR ORAL CONTENT TO ALL ACCOUNTS LISTED ON MY CREDIT REPORT. You are voilating several Fair Credit Reporting Acts. How did these account OBTAIN MY ADDRESS???? 15 U.S. Code 1681a - Definitions ; rules of construction. ( 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. REMEMBER THIS LAW. 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 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.
( B ) Reporting information after notice and confirmation of errors 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.
( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address.
( D ) Definition For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information.
( E ) Rehabilitation of private education loans ( XXXX ) In general Notwithstanding any other provision of this section, a consumer may request a financial institution to remove from a consumer report a reported default regarding a private education loan, and such information shall not be considered inaccurate, if ( I ) the financial institution chooses to offer a loan rehabilitation program which includes, without limitation, a requirement of the consumer to make consecutive on-time monthly payments in a number that demonstrates, in the assessment of the financial institution offering the loan rehabilitation program, a renewed ability and willingness to repay the loan ; and ( II ) the requirements of the loan rehabilitation program described in subclause ( I ) are successfully met.
( ii ) Banking agencies ( I ) In general If a financial institution is supervised by a XXXX banking agency, the XXXX XXXX shall seek written approval concerning the terms and conditions of the loan rehabilitation program described in clause ( i ) from the appropriate XXXX banking agency.
( II ) Feedback An appropriate XXXX banking agency shall provide feedback to a financial institution within 120 days of a request for approval under subclause ( I ).
( iii ) Limitation ( I ) In general A consumer may obtain the benefits available under this subsection with respect to rehabilitating a loan only 1 time per loan.
( II ) Rule of construction Nothing in this subparagraph may be construed to require a financial institution to offer a loan rehabilitation program or to remove any reported default from a consumer report as a consideration of a loan rehabilitation program, except as described in clause ( i ).
( iv ) Definitions For purposes of this subparagraph ( I ) the term appropriate XXXX banking agency has the meaning given the term in section 1813 of title 12 ; and ( XXXX ) the term private education loan has the meaning given the term in section 1650 ( a ) of this title.
( F ) Reporting information during XXXX pandemic ( i ) Definitions In this subsection : ( I ) Accommodation The term accommodation includes an agreement to defer 1 or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief granted to a consumer who is affected by the coronavirus XXXX XXXX ( XXXX ) pandemic during the covered period.
( II ) Covered period The term covered period means the period beginning on XX/XX/XXXX and ending on the later of ( aa ) 120 days after XX/XX/XXXX ; or ( XXXX ) 120 days after the date on which the national emergency concerning the novel coronavirus XXXX ( XXXX ) outbreak declared by the President on XX/XX/XXXX under the National Emergencies XXXX ( 50 U.S.C. 1601 et seq. ) terminates.
( ii ) Reporting Except as provided in clause ( iii ), if a furnisher makes an accommodation with respect to 1 or more payments on a credit obligation or account of a consumer, and the consumer makes the payments or is not required to make 1 or more payments pursuant to the accommodation, the furnisher shall ( I ) report the credit obligation or account as current; or ( II ) if the credit obligation or account was delinquent before the accommodation ( aa ) maintain the delinquent status during the period in which the accommodation is in effect; and ( bb ) if the consumer brings the credit obligation or account current during the period described in item ( aa ), report the credit obligation or account as current.
( iii ) Exception Clause ( ii ) shall not apply with respect to a credit obligation or account of a consumer that has been charged-off.
( 2 ) Duty to correct and update information A person who ( A ) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the persons transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.
( 3 ) Duty to provide notice of dispute If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.
( 4 ) Duty to provide notice of closed accounts A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed.
( XXXX ) Duty to provide notice of delinquency of accounts ( A ) In general A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action.
( B ) Rule of construction For purposes of this paragraph only, and provided that the consumer does not dispute the information, a person that furnishes information on a delinquent account that is placed for collection, charged for profit or loss, or subjected to any similar action, complies with this paragraph, if ( i ) the person reports the same date of delinquency as that provided by the creditor to which the account was owed at the time at which the commencement of the delinquency occurred, if the creditor previously reported that date of delinquency to a consumer reporting agency ; ( ii ) the creditor did not previously report the date of delinquency to a consumer reporting agency, and the person establishes and follows reasonable procedures to obtain the date of delinquency from the creditor or another reliable source and reports that date to a consumer reporting agency as the date of delinquency ; or ( iii ) the creditor did not previously report the date of delinquency to a consumer reporting agency and the date of delinquency can not be reasonably obtained as provided in clause ( ii ), the person establishes and follows reasonable procedures to ensure the date reported as the date of delinquency precedes the date on which the account is placed for collection, charged to profit or loss, or subjected to any similar action, and reports such date to the credit reporting agency.
( 6 ) Duties of furnishers upon notice of identity theft-related information ( A ) Reasonable procedures A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 1681c2 of this title relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information.
( B ) Information alleged to result from identity theft If a consumer submits an identity theft report to a person who furnishes information to a consumer reporting agency at the address specified by that person for receiving such reports stating that information maintained by such person that purports to relate to the consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to any consumer reporting agency, unless the person subsequently knows or is informed by the consumer that the information is correct.
( 7 ) Negative information ( A ) Notice to consumer required ( i ) In general If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 1681a ( p ) of this title furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer.
( ii ) Notice effective for subsequent submissions After providing such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 1681a ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer.
( B ) Time of notice ( i ) In general The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 1681a ( p ) of this title.
( ii ) Coordination with new account disclosures If the notice is provided to the customer prior to furnishing the negative information to a consumer reporting agency, the notice may not be included in the initial disclosures provided under section 1637 ( a ) of this title.
( C ) Coordination with other disclosures The notice required under subparagraph ( A ) ( i ) may be included on or with any notice of default, any billing statement, or any other materials provided to the customer; and ( ii ) must be clear and conspicuous.
( D ) Model disclosure ( i ) Duty of XXXX XXXX XXXX shall prescribe a brief model disclosure that a financial institution may use to comply with subparagraph ( A ), which shall not exceed 30 words.
( ii ) Use of model not required No provision of this paragraph may be construed to require a financial institution to use any such model form prescribed by the XXXX.
( iii ) Compliance using model A financial institution shall be deemed to be in compliance with subparagraph ( A ) if the financial institution uses any model form prescribed by the XXXX under this subparagraph, or the financial institution uses any such model form and rearranges its format.
( E ) Use of notice without submitting negative information No provision of this paragraph shall be construed as requiring a financial institution that has provided a customer with a notice described in subparagraph ( A ) to furnish negative information about the customer to a consumer reporting agency.
( F ) Safe harbor A financial institution shall not be liable for failure to perform the duties required by this paragraph if, at the time of the failure, the financial institution maintained reasonable policies and procedures to comply with this paragraph or the financial institution reasonably believed that the institution is prohibited, by law, from contacting the consumer.
( G ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Negative information The term negative information means information concerning a customers delinquencies, late payments, insolvency, or any form of default.
( ii ) Customer ; financial institution The terms customer and financial institution have the same meanings as in section 6809 of this title.
( 8 ) Ability of consumer to dispute information directly with furnisher ( A ) In general The XXXX, in consultation with the Federal Trade Commission, the Federal banking agencies, and the XXXX XXXX XXXX XXXX, shall prescribe regulations that shall identify the circumstances under which a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer.
( B ) Considerations In prescribing regulations under subparagraph ( A ), the agencies shall weigh ( i ) the benefits to consumers with the costs on furnishers and the credit reporting system ; ( ii ) the impact on the overall accuracy and integrity of consumer reports of any such requirements ; ( iii ) whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute ; and ( iv ) the potential impact on the credit reporting process if credit repair organizations, as defined in section 1679a ( 3 ) of this title, including entities that would be a credit repair organization, but for section 1679a ( 3 ) ( B ) ( i ) of this title, are able to circumvent the prohibition in subparagraph ( G ).
( C ) Applicability Subparagraphs ( D ) through ( G ) shall apply in any circumstance identified under the regulations promulgated under subparagraph ( A ).
( D ) Submitting a notice of dispute A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that ( i ) identifies the specific information that is being disputed ; ( ii ) explains the basis for the dispute; and ( iii ) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute.
( XXXX ) Duty of person after receiving notice of dispute After receiving a notice of dispute from a consumer pursuant to subparagraph ( D ), the person that provided the information in dispute to a consumer reporting agency shall ( i ) conduct an investigation with respect to the disputed information ; ( ii ) review all relevant information provided by the consumer with the notice ; ( iii ) complete such persons investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and ( iv ) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate.
( F ) Frivolous or irrelevant dispute ( i ) In general This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including ( I ) by reason of the failure of a consumer to provide sufficient information to investigate the disputed information ; or ( II ) the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection ( b ), with respect to which the person has already performed the persons duties under this paragraph or subsection ( b ), as applicable.
( ii ) Notice of determination Upon making any determination under clause ( i ) that a dispute is frivolous or irrelevant, the person shall notify the consumer of such determination not later than XXXX business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the person.
( iii ) Contents of notice A notice under clause ( XXXX ) shall include ( I ) the reasons for the determination under clause ( i ) ; and ( II ) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information.
( G ) Exclusion of credit repair organizations This paragraph shall not apply if the notice of the dispute is submitted by, is prepared on behalf of the consumer by, or is submitted on a form supplied to the consumer by, a credit repair organization, as defined in section 1679a ( 3 ) of this title, or an entity that would be a credit repair organization, but for section 1679a ( 3 ) ( B ) ( i ) of this title.
( XXXX ) Duty to provide notice of status as medical information furnisher A person whose primary business is providing XXXX XXXX, products, or devices, or the persons agent or assignee, who furnishes information to a consumer reporting agency on a consumer shall be considered a medical information furnisher for purposes of this subchapter, and shall notify the agency of such status.
( b ) Duties of furnishers of information upon notice of dispute ( 1 ) In general After receiving notice pursuant to section 1681i ( a ) ( 2 ) of this title of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall ( A ) conduct an investigation with respect to the disputed information ; ( B ) review all relevant information provided by the consumer reporting agency pursuant to section 1681i ( a ) ( 2 ) of this title ; ( C ) report the results of the investigation to the consumer reporting agency ; ( D ) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis ; and ( E ) if an item of information disputed by a consumer is found to be inaccurate or incomplete or can not be verified after any reinvestigation under paragraph ( 1 ), for purposes of reporting to a consumer reporting agency only, as appropriate, based on the results of the reinvestigation promptly ( i ) modify that item of information ; ( ii ) delete that item of information ; or ( iii ) permanently block the reporting of that item of information.
( 2 ) Deadline A person shall complete all investigations, reviews, and reports required under paragraph ( XXXX ) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which the consumer reporting agency is required to complete actions required by that section regarding that information.
( c ) Limitation on liability Except as provided in section 1681s ( c ) ( 1 ) ( B ) of this title, sections 1681n and 1681o of this title do not apply to any violation of ( 1 ) subsection ( a ) of this section, including any regulations issued thereunder ; ( 2 ) subsection ( e ) of this section, except that nothing in this paragraph shall limit, expand, or otherwise affect liability under section 1681n or 1681o of this title, as applicable, for violations of subsection ( b ) of this section; or ( 3 ) subsection ( e ) of section 1681m of this title.
( d ) Limitation on enforcement The provisions of law described in paragraphs ( 1 ) through ( 3 ) of subsection ( c ) ( other than with respect to the exception described in paragraph ( 2 ) of subsection ( c ) ) shall be enforced exclusively as provided under section 1681s of this title by the XXXX agencies and officials and the XXXX officials identified in section 1681s of this title.
( XXXX ) Accuracy guidelines and regulations required ( XXXX ) Guidelines The XXXX shall, with respect to persons or entities that are subject to the enforcement authority of the XXXX under section 1681s of this title ( A ) establish and maintain guidelines for use by each person that furnishes information to a consumer reporting agency regarding the accuracy and integrity of the information relating to consumers that such entities furnish to consumer reporting agencies, and update such guidelines as often as necessary ; and ( B ) prescribe regulations requiring each person that furnishes information to a consumer reporting agency to establish reasonable policies and procedures for implementing the guidelines established pursuant to subparagraph ( A ).
( 2 ) Criteria In developing the guidelines required by paragraph ( 1 ) ( A ), the XXXX shall ( A ) identify patterns, practices, and specific forms of activity that can compromise the accuracy and integrity of information furnished to consumer reporting agencies ; ( B ) review the methods ( including technological means ) used to furnish information relating to consumers to consumer reporting agencies ; ( C ) determine whether persons that furnish information to consumer reporting agencies maintain and enforce policies to ensure the accuracy and integrity of information furnished to consumer reporting agencies ; and ( D ) examine the policies and processes that persons that furnish information to consumer reporting agencies employ to conduct reinvestigations and correct inaccurate information relating to consumers that has been furnished to consumer reporting agencies.
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| 12/13/2022 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Improper use of your report
- Reporting company used your report improperly
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Web |
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In accordance with the Fair Credit Reporting act. The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 U.S.C. 1681, 15 U.S.C. 6801-6805, The Privacy Act of 1974 as well as inaccurate reporting per the IRS Publication 4681.
XXXX. XXXX XXXX : # XXXX XXXX. XXXX XXXX XXXX : # XXXX XXXX. XXXX XXXX XXXX XXXX # XXXX XXXX. XXXX XXXX : # XXXX XXXX. XXXX XXXX : # XXXX XXXX. XXXX XXXX XXXX : # XXXX XXXX. XXXX XXXX XXXX : # XXXX XXXX. XXXX XXXX XXXX : # XXXX According to the IRS Publication 4681- A Charge off is a certificate of Indebtment that is now considered income, which needs to be reported on my Income Tax. Income can not be reported to your credit report. Congressional findings and statement of purpose if you are unable to provide me with a copy of the verifiable proof, you must also update and/or remove the information listed above. Additionally, failure to respond satisfactorily with a free copy of my report after the changes have been made will result in these actions being taken against your company in small claim state proceedings. I will also be seeking monetary relief of ( {$1000.00} ) per violation for : ( 1 ) Deformation of character ( 2 ) Negligent infliction of emotional distress ( 3 ) Violations of 15 U.S.C. 1681 & 15 U.S.C. 6801-6805 : 6801-Privacy obligation policy It is the policy of 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.
( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to ensure the security and confidentiality of customer records and information.
( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.
6802- ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.
( b ) opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.
( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.
( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.
( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.
( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C. 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law.
6803- ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers.
( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title.
( c ) Information to be included the disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.
( d ) Exemption for certified public accountants ( 1 ) In general, the disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer.
( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section.
( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the XXXX XXXX XXXX, XXXX XXXX, XXXX, XXXX XXXX, the Trust Territory of the XXXX XXXX, the XXXX XXXX, or the XXXX XXXX XXXX.
( XXXX ) Model forms ( XXXX ) In general The agencies referred to in section 6804 ( a ) ( XXXX ) of this title shall jointly develop a model form which may be used, at the option of the financial institution, for the provision of disclosures under this section.
( XXXX ) Format A model form developed under paragraph ( XXXX ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font.
( XXXX ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX.
( XXXX ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section.
( f ) Exception to annual notice requirement A financial institution that ( XXXX ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( XXXX ) or ( XXXX ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( XXXX ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( XXXX ) or ( XXXX ).
6804- ( a ) Regulatory authority ( XXXX ) Rulemaking ( A ) In general Except as provided in subparagraph ( C ), the Bureau of Consumer Financial Protection and the Securities and Exchange Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to their respective jurisdiction under section 6805 of this title ( and notwithstanding subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C . 5511 et seq. ] ), except that the Bureau of Consumer Financial Protection shall not have authority to prescribe regulations with respect to the standards under section 6801 of this title.
( B ) CFTC The Commodity Futures Trading Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to the jurisdiction of the Commodity Futures Trading Commission under section 7b2 of title 7.
( C ) Federal Trade Commission authority Notwithstanding the authority of the Bureau of Consumer Financial Protection under subparagraph ( A ), the Federal Trade Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to any financial institution that is a person described in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ].
( D ) Rule of construction Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of a State insurance authority to adopt regulations to carry out this subchapter.
( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the National Association of Insurance Commissioners, for the purpose of assuring, to the extent possible, that the regulations prescribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies.
( XXXX ) Procedures and deadline Such regulations shall be prescribed in accordance with applicable requirements of title 5.
( b ) Authority to grant exceptions The regulations prescribed under subsection ( a ) may include such additional exceptions to subsections ( a ) through ( d ) of section 6802 of this title as are deemed consistent with the purposes of this subchapter.
6805- ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C . 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ).
( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ).
( 2 ) Under the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National Credit Union Administration with respect to any federally insured credit union, and any subsidiaries of such an entity.
( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer.
( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies.
( 5 ) Under the Investment Advisers Act of 1940 [ 15 U.S.C. 80b1 et seq. ], by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act.
( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 6701 of this title.
( 7 ) Under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq. ], by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection.
( 8 ) Under subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title.
( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section.
( 2 ) Exception The agencies and authorities described in paragraphs ( 3 ), ( 4 ), ( 5 ), ( 6 ), and ( 7 ) of subsection ( a ) shall implement the standards prescribed under section 6801 ( b ) of this title by rule with respect to the financial institutions and other persons subject to their respective jurisdictions under subsection ( a ).
( c ) Absence of State action If a State insurance authority fails to adopt regulations to carry out this subchapter, such State shall not be eligible to override, pursuant to section 1831x ( g ) ( 2 ) ( B ) ( iii ) of title 12, the insurance customer protection regulations prescribed by a Federal banking agency under section 1831x ( a ) of title 12.
( d ) Definitions The terms used in subsection ( a ) ( 1 ) that are not defined in this subchapter or otherwise defined in section 1813 ( s ) of title 12 shall have the same meaning as given in section 3101 of title 12.
15 U.S. Code 1681b - Permissible purposes of consumer reports ( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 1 ) In general A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person ; or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance ; ( ii ) the consumer reporting agency has complied with subsection ( e ) ; ( iii ) there is not in effect an election by the consumer, made in accordance with subsection ( e ), to have the consumers name and address excluded from lists of names provided by the agency pursuant to this paragraph ; and ( iv ) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing.
( 2 ) Limits on information received under paragraph ( 1 ) ( B ) A person may receive pursuant to paragraph ( 1 ) ( B ) only ( A ) the name and address of a consumer ; ( B ) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer ; and ( C ) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.
( 3 ) Information regarding inquiries Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.
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.
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| 05/09/2023 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Incorrect information on your report
- Old information reappears or never goes away
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Web |
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my name XXXX XXXX XXXX XXXX XX/XX/XXXX EQUIFAX/XXXX CONTINUE TO VIOLATE STATE AND FEDERAL LAWS They have never shown me how theyve done any investigation, ledgers accounts, original consumer contracts from any of the negative accounts they continue to report and violate the fair credit reporting at the fair debt collection act as well as multiple state laws. I have contacted the the XXXX, consumer protection, innovation department spoke with supervisor at XXXX Special handling at XXXX department XXXX XXXX at XXXX And FRAUD SPECIALIST AT EQUIFAX I gave them all the identifying information of who I was, including my Social Security number, my address, and answered all security questions that was provided to pass the screening I was told that the fraudulent account and fraudulent inquiries would be removed from my consumer reports still hasnt removed the accounts that are associated with Fraud AS I HAVE RECENTLY DISPUTED WITH BOTH CREDIT REPORTING AGENCY AS OF XX/XX/XXXX I sent over a state. Attorney Generals report a FTC complaint a XXXX complaint a California consumer protection and innovation complaint about the accounts that are reporting on my consumer profile. They stated in my last complaint here with the CFPB that they removed these accounts. That is not the case in the accounts continue to report fraudulently on my consumer profile Im requesting under the 15 USC 1681B c-2 that information that has been procured from identity theft be blocked completely blocked. 15 USC 1681 ( a ) ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy I demand a deletion of all personal identifiable information from my consumer credit report with the exception of : 1. My Full Legal Name : First & Last Name 2. My Address : Address, City, State Zip Please delete all other addresses, I can not receive mail or any correspondence nor do I have access to any of these addresses please delete these utdated ddresses and update the address with the one above.also Delete any and all other phone numbers. 1 demand my social security number and date of birth be removed from being displayed on the credit file for privacy reasons. Delete all information in the employer section. Pursuant to the FAIR CREDIT REPORTING ACT 15 USC 1681 ( a ) ( 4 ), I am a federally protected consumer and I have a right to privacy. Not granting me my rights is in direct violation of 15 USC S1681 and all its subsections all Unauthorized inquiries to my consumer report ; demand for Deletion and {$1000.00} Settlement. yes, these are the associated accounts. ( XXXX XXXX XXXX XXXX XXXX XXXX {$97000.00} XX/XX/XXXX ) ( XXXX XXXX XXXX XXXX Date OpenedXXXX XXXX, XXXX AMOUNT {$46000.00} ) ( XXXX XXXX XXXXXXXX DATE OPENED XX/XX/XXXX Original amount {$21000.00} ) ( ( FRAUDULENT INQUIRIES ) TD XXXX XXXX Inquiry Date XXXX XXXX XXXX XXXX date XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX fraudulent adresss XXXX XXXX XXXX XXXX XXXX XXXX Ca XXXX XXXX XXXX XXXX XXXX XXXX Ca XXXX XXXX VIOLATIONS FCRA/ Fair Debt Collection Practices Act ) ) -15 USC 1692c ( b ) 15 U.S. code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. code 1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e ), 15 U.S. code 16811 - procedure in case of disputed accuracy, 15 U.S. code 1681b - Permissible purposes of consumer report. H.R. 3046 Social Security number privacy and identity Theft Prevention Act of 2007. Section 326 of XXXX XXXX XXXX. XXXX XXXX. ( t ( ( XXXX XXXX XXXX ) ) XXXX {$97000.00} XX/XX/XXXX ) ( ( XXXX XXXX XXXX XXXX Date OpenedMay XXXX, XXXX AMOUNT {$46000.00} ) ( ( XXXX NM XXXX DATE OPENED XX/XX/XXXX Original amount {$21000.00} ) ( ( FRAUDULENT INQUIRIES ) XXXX XXXX XXXX Inquiry Date XXXX XXXX XXXX XXXX date XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Ca XXXX XXXX ) - To : Whom it XXXX concern at EQUIFAXXXXX You are in violation of the Fair Credit Reporting Act ( XXXX FCRA '' ), [ 15 U.S.C 1681b ( a ) 3 ( f ) ( i )., for unlawfully obtaining my " XXXX '' EQUIFAX consumer report without my authorization or a permissible purpose under the 15 USC 1681 Fair Credit Reporting Act ( FCRA ] and its guidelines for permissible purpose. " A person shall not use or obtain a consumer report for any purpose unless ; 1. The consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section. 2. The purpose is certified in accordance with section 1681b ( f ). XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ). 15 USC {$16000.00} ( c Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 3 ) Information regarding inquiries ; Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any _person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer This is also a cease and desist of, the fraudulent accounts to being reported and any reporting is as such as collection activities. ( ( t ( XXXX XXXX XXXX XXXX {$97000.00} XX/XX/XXXX ) ( XXXX XXXX XXXX XXXX Date OpenedMay XXXX, XXXX AMOUNT {$46000.00} ) ( XXXX NM XXXX DATE OPENED XX/XX/XXXX Original amount {$21000.00} ) ( ( FRAUDULENT INQUIRIES ) XXXX XXXX XXXX Inquiry Date XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX Ca XXXX XXXX XXXX XXXX XXXX XXXX Ca XXXX XXXX ) VIOLATIONS ) ) - 15 USC 1692c ( b ) 15 U.S. code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. code 1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e ), 15 U.S. code 16811 - procedure in case of disputed accuracy, 15 U.S. code 1681b - Permissible purposes of consumer report. H.R. 3046 Social Security number privacy and identity Theft Prevention Act of 2007. Section XXXX of USA PATRIOT Act. Gramm- leach-Bliley Act. I AM aware that -my SSN belongs to the ( SSA ) Social Security Administration -and anything purchased with that identifying number is an obligation of the United States in accordance with 18 U.S.C 8 and being that you ( XXXX EQUIFAX CONTINUE TO REPORT FRAUDULENT ACCOUNTS THIS makes you guilty and in violation of the ( ( False Claims Act ( FCA ) 31 U.S.C 3729-3733 ) ) ( Debt Collector name is also in violation of ( 18 U.S.C 894 ) for using my consumer report with extortionate means as a way to coerce and swindle me into making payments on alleged debt not owed. I DID NOT AND DO NOT CONSENT these companies ( ( XXXXEQUIFAX ) XXXX /furnishing this information to my consumer report. I did not give you authorization or permission to have my personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 1028A. This is a notice toCEASE and DESIST of all illegal activities, including reporting which constitutes collection activities. This is also a NOTICE exercising my rights to prevent the processing of my personal data by /EQUIFAX/XXXX XXXX ( XXXX XXXX XXXX XXXX {$97000.00} XX/XX/XXXX ) ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX AMOUNT {$46000.00} ) ( XXXX XXXX XXXX DATE OPENED XX/XX/XXXX Original XXXX {$21000.00} ) ( ( FRAUDULENT INQUIRIES ) XXXX XXXX XXXX Inquiry Date XXXX XXXX XXXX XXXX date XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX fraudulent XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) - 15 USC 1692c ( b ) 15 U.S. code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. code 1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e ), 15 U.S. code 16811 - procedure in case of disputed accuracy, 15 U.S. code 1681b - Permissible purposes of consumer report. H.R. 3046 Social Security number privacy and identity Theft Prevention Act of 2007. Section 326 of USA PATRIOT Act. t ( XXXX XXXX XXXX XXXX {$97000.00} XX/XX/XXXX ) ( XXXX XXXX XXXX XXXX Date OpenedXXXX XXXX, XXXX AMOUNT {$46000.00} ) ( ( FRAUDULENT INQUIRIES ) XXXX XXXX XXXX Inquiry Date XXXX XXXX XXXX XXXX date XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX Ca XXXX XXXX XXXX XXXX XXXX XXXX Ca XXXX XXXX ( Failure to remove account in 15 days from my consumer report ) as requested will result in legal matters being taken and me turning you ( XXXX/EQUIFAX/XXXX ( FTC ) Federal Trade Commission for aggravated identity theft and Fraud. If this matter is not resolved by the time specified above, I reserve the right to commence legal proceedings to recover the damages without further notice to you and this letter may be tendered as evidence of failure to comply.. You are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Attorney General 's office and civil claims may be pursued 15 U.S. Code 1681c- 2 - ) Block of information Resulting from identity theft Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of- ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer ; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. ( b ) NOTIFICATION A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) - ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section ; and ( 4 ) of the effective dates of the block ( XXXXEQUIFAX/XXXX XXXX/EQUIFAX/Is also in violation of 18 U.S.C 894 for using my consumer report with extortionate means as a way to coerce and swindle me into making payments on alleged debt not owed. I DID NOT AND DO NOT CONSENT to you ( EQUIFAX/XXXX furnishing this information to my consumer report. I did not give you authorization or permission to have my personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 10284 This is a notice to CEASE and DESIST of all illegal activities, including reporting which constitutes collection activities. FRAUDULENT ACCOUNTS : XXXX XXXX XXXX XXXX {$97000.00} XX/XX/XXXX ) ( XXXX XXXX XXXX XXXX Date OpenedXXXX XXXX, XXXX AMOUNT {$46000.00} ) ( ( FRAUDULENT INQUIRIES ) XXXX XXXX XXXX Inquiry Date XXXX XXXX XXXX XXXX date XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX also a NOTICE exercising my rights to prevent the processing of my personal data by XXXX 15 USC 1692c ( b ) 15 U.S. code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. code 1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e ), 15 U.S. code 1681i- procedure in case of disputed accuracy, H.R . 3046 Social Security number privacy and identity Theft Prevention Act of 2007. Section 326 of USAPATRIOT Act. Gramm- leach-Bliley Act. Transunion and equifax have been repeatedly warned about these fraudulent accounts that are on my consumer report. According to the fair Credit Reporting Act, Section 609 ( a ) ( 1 ) ( A ), you are required by federal law to verify through the physical verification of the original signed consumer contract- any all accounts you post on a credit report. Otherwise, anyone paying for your reporting service could fax, mail or email in a fraudulent account. I demand to see Verifiable proof ( an Original Consumer Contract with my Signature on it ) vou have on file of the account listed below. Your failure to positively verify these accounts hurt my ability to obtain credit. Under the FCRA, Unverified accounts must be removed and if you are unable to provide me with a copy of verifiable proof, you must remove the accounts listed including 15 USC 1692c ( b ) 15 U.S. code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. code 1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e ), 15 U.S. code 1681i- procedure in case of disputed accuracy, H.R . 3046 Social Security number privacy and identity Theft Prevention Act of 2007. Section 326 of USAPATRIOT Act. Gramm-leach-Bliley Act. XXXX and discovery have been repeatedly warned about these fraudulent accounts that are on my consumer report. You are required to do what I am asking and block these transactions from being reported to my consumer report within 4 days from the date of the receipt of this notice. I look forward to your response. 15 U.S. Code 1681n - Civil liability for willful noncompliance U.S. Code Notes prev | next ( 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- ( XXXX ) ( 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}. 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 given reporting agency can not furnish an account without my written instruction. 15 U.S.C 1692c Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt. A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation. A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 15 U.S. Code 1601- Congressional findings and declaration of purpose ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. XXXX XXXX XXXX XXXX XXXX {$97000.00} XX/XX/XXXX ) ( XXXX XXXX XXXX XXXX Date OpenedXXXX XXXX XXXX XXXX AMOUNT {$46000.00} ) ( ( FRAUDULENT INQUIRIES ) XXXX XXXX XXXX Inquiry Date XXXX XXXX XXXX XXXX date XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX fraudulent adresss XXXX XXXX XXXX XXXX XXXX XXXX Ca XXXX XXXX XXXX XXXX XXXX XXXX Ca XXXX ( I HAVE PRESENTED COMPELLING EVIDENCE AND HAVE SENT VALIDATION LETTERD TO THE LAW NONE HAVE BEEN ANSWERED WITH LEGAL DOCUMENTS I ask again of the CFPB TO truly look into the many violations of the FCRA by XXXX including 15 USC 1692c ( b ) 15 U.S. code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. code 1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e ), 15 U.S. code 1681i- procedure in case of disputed accuracy, H.R . 3046 Social Security number privacy and identity Theft Prevention Act of 2007. Section 326 of USAPATRIOT Act. Gramm- leach-Bliley Act. XXXX and Equifax have been repeatedly warned about these fraudulent accounts that are on my consumer reports I never gave ( XXXX ) EQUIFAX ) any verbal or written consent to report anything on my consumer report. No consent is Identity Theft. A copy of the law is attached with this dispute. You also do not have any permissible purpose to furnish my personal information to any third party. 15 USC 1681b ( Permissible purpose ) of consumer reports ( a ) IN GENERAL Subiect to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written Instructions of the consumer to whom it relates. As a consumer, I am demanding a deletion of all associated accounts here in this complaint person shall not use or obtain a consumer report for any purpose unless ; 1. The consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section. 2. The purpose is certified in accordance with section 1681b ( f ). Chester v. Purvis, 260 F. Sup 2d
711 ( S.D. Ind. 2003 ). 15 USC S 16816 ( c Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 3 ) Information regarding ( collection ) Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any_person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer 15 U.S. Code 1681i - Procedure in case of disputed accuracy ( a ) Reinvestigations of disputed information ( 1 ) Reinvestigation required ( A ) In general Subject to subsection ( f ) and except as provided in subsection ( g ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30- day period beginning on the date on which the agencyreceives the notice of the dispute from the consumer or reseller. 15USC 1681a ( 2 ) ( I ) 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 ; ( 15 USC 1681 ( 3 ) ( e ) 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 ). A copy of the consumer credit contract is not sufficient to validate the debt. Validation requires presentment of the account and general ledger statement signed and dated by the party responsible for maintaining the account. XXXX XXXX XXXX XXXX XXXXXXXX, XXXX XXXX. XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX. XXXX ). UCC 9-201 ~ Request for accounting F.R.C.P. ( F.R.E. ) 1002 says you are entitled to the original which can never be produced because it was destroyed when the federal reserve bought your application for credit. EQUIFAX/and XXXX is XXXXlso in multiple violations and egregious acts in a grotesque, mismanagement and handling of identity sensitive personal information and data. 15 USC 1692c ( b ) ( 15 U.S. code 1681s-2 ) Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. code 1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e )
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- Credit reporting, credit repair services, or other personal consumer reports
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( DISPUTE CODE - 103 ) ( DISPUTE CODE - 104 ) My personal information was stolen and used for fraudulent activities in XXXX, since that day Ive been seeing a lot of unauthorized inquiries and accounts reporting on my consumer credit profile. Ive attached a police report pertaining to the incident for reference. In accordance with the Fair Credit Reporting Act multiple unauthorized inquiries and accounts have been found on my credit report. Please immediately delete and remove all inaccurate or fraudulent accounts or inquiries I have listed.
In accordance with the Fair Credit Reporting Act XXXX Account # XXXX XXXX XXXX has violated my consumer rights by reporting inaccurate information across my XXXX and Equifax XXXX credit bureau. I would like this account updated as PAYED-ON-TIME : XX/XX/XXXX and LATEPAYMENT : XX/XX/XXXX removed from my credit report profile. 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 an account without my handwritten instructions. 15 U.S.C 1681i Section a : states that if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file if no documentary evidence is found in accordance with FCRA, before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.
In accordance with the Fair Credit Reporting Act XXXX Account # XXXX XXXX has violated my consumer rights by reporting inaccurate information across my XXXX and Equifax XXXX credit bureau. I would like this account updated as PAYED-ON-TIME : XX/XX/XXXX and LATEPAYMENT : XX/XX/XXXX removed from my credit report profile. 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 an account without my handwritten instructions. 15 U.S.C 1681i Section a : states that if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file if no documentary evidence is found in accordance with FCRA, before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.
In accordance with the Fair Credit Reporting Act XXXX Account # XXXX XXXX has violated my consumer rights by reporting inaccurate information across my XXXX and Equifax XXXX credit bureau. I would like this account updated as PAYED-ON-TIME : XX/XX/XXXX and LATEPAYMENT : XX/XX/XXXX removed from my credit report profile. 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 an account without my handwritten instructions. 15 U.S.C 1681i Section a : states that if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file if no documentary evidence is found in accordance with FCRA, before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.
In accordance with the Fair Credit Reporting Act XXXX Account # XXXX XXXX has violated my consumer rights by reporting inaccurate information across my XXXX and Equifax XXXX credit bureau. I would like this account updated as PAYED-ON-TIME : XX/XX/XXXX and LATEPAYMENT : XX/XX/XXXX removed from my credit report profile. I would like this account updated as PAYED-ON-TIME : XX/XX/XXXX and LATEPAYMENT : XX/XX/XXXX removed from my credit report profile. 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 an account without my handwritten instructions. 15 U.S.C 1681i Section a : states that if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file if no documentary evidence is found in accordance with FCRA, before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.
In accordance with the Fair Credit Reporting Act XXXX Account # XXXX, # XXXX XXXX XXXX has violated my consumer rights by reporting inaccurate information across my XXXX and Equifax XXXX credit bureau XXXX I would like this account deleted and removed from my credit report profile. 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 an account without my handwritten instructions. 15 U.S.C 1681i Section a : states that if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file if no documentary evidence is found in accordance with FCRA, before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.
In accordance with the Fair Credit Reporting Act XXXX Account # XXXX XXXX has violated my consumer rights by reporting fraudulent information across my XXXX and Equifax XXXX credit bureau XXXX I would like this account deleted and removed from my credit report profile. 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 an account without my handwritten instructions. 15 U.S.C 1681i Section a : states that if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file if no documentary evidence is found in accordance with FCRA, before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.
In accordance with the Fair Credit Reporting Act XXXX Account # XXXX XXXX XXXXXXXX has violated my consumer rights by reporting fraudulent information across my XXXX and Equifax XXXX credit bureau. I would like this account deleted and removed from my credit report profile. 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 an account without my handwritten instructions. 15 U.S.C 1681i Section a : states that if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file if no documentary evidence is found in accordance with FCRA, before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.
In accordance with the Fair Credit Reporting Act XXXX Account # XXXX XXXX XXXX has violated my consumer rights by reporting fraudulent information across my XXXX and Equifax XXXX credit bureau. I would like this account deleted and removed from my credit report profile. 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 an account without my handwritten instructions. 15 U.S.C 1681i Section a : states that if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file if no documentary evidence is found in accordance with FCRA, before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.
In accordance with the Fair Credit Reporting Act XXXX Account # XXXX DEPTEDXXXX has violated my consumer rights by reporting fraudulent information across my XXXX and Equifax XXXX credit bureau. I would like this account deleted and removed from my credit report profile. 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 an account without my handwritten instructions. 15 U.S.C 1681i Section a : states that if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file if no documentary evidence is found in accordance with FCRA, before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.
In accordance with the Fair Credit Reporting Act XXXX Account # XXXX DEPTEDXXXX has violated my consumer rights by reporting fraudulent information across my XXXX and Equifax XXXX credit bureau. I would like this account deleted and removed from my credit report profile. 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 an account without my handwritten instructions. 15 U.S.C 1681i Section a : states that if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file if no documentary evidence is found in accordance with FCRA, before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.
In accordance with the Fair Credit Reporting Act XXXX Account # XXXX DEPTEDXXXX has violated my consumer rights by reporting fraudulent information across my XXXX and Equifax XXXX credit bureau. I would like this account deleted and removed from my credit report profile. 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 an account without my handwritten instructions. 15 U.S.C 1681i Section a : states that if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file if no documentary evidence is found in accordance with FCRA, before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.
In accordance with the Fair Credit Reporting Act XXXX Account # XXXX DP OF EDUC has violated my consumer rights by reporting fraudulent information across my Equifax XXXX credit bureau. I would like this account deleted and removed from my credit report profile. 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 an account without my handwritten instructions. 15 U.S.C 1681i Section a : states that if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file if no documentary evidence is found in accordance with FCRA, before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.
In accordance with the Fair Credit Reporting Act XXXX Account # XXXX DP OF EDUC has violated my consumer rights by reporting fraudulent information across my Equifax XXXX credit bureau. I would like this account deleted and removed from my credit report profile. 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 an account without my handwritten instructions. 15 U.S.C 1681i Section a : states that if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file if no documentary evidence is found in accordance with FCRA, before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.
In accordance with the Fair Credit Reporting Act XXXX Account # XXXX DP OF EDUC has violated my consumer rights by reporting fraudulent information across my Equifax XXXX credit bureau. I would like this account deleted and removed from my credit report profile. 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 an account without my handwritten instructions. 15 U.S.C 1681i Section a : states that if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file if no documentary evidence is found in accordance with FCRA, before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.
In accordance with the Fair Credit Reporting Act XXXX Account # XXXX XXXX XXXXXXXX has violated my consumer rights by reporting fraudulent information across my XXXX and Equifax XXXX credit bureau. I would like this account deleted and removed from my credit report profile. 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 an account without my handwritten instructions. 15 U.S.C 1681i Section a : states that if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file if no documentary evidence is found in accordance with FCRA, before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.
In accordance with the Fair Credit Reporting Act XXXX Account # XXXX US DEPT ED has violated my consumer rights by reporting fraudulent information across my XXXX XXXX credit bureau. I would like this account deleted and removed from my credit report profile. 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 an account without my handwritten instructions. 15 U.S.C 1681i Section a : states that if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file if no documentary evidence is found in accordance with FCRA, before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.
In accordance with the Fair Credit Reporting Act XXXX Account # XXXX US DEPT ED has violated my consumer rights by reporting fraudulent information across my XXXX XXXX credit bureau. I would like this account deleted and removed from my credit report profile. 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 an account without my handwritten instructions. 15 U.S.C 1681i Section a : states that if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file if no documentary evidence is found in accordance with FCRA, before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.
In accordance with the Fair Credit Reporting Act XXXX Account # XXXX US DEPT ED has violated my consumer rights by reporting fraudulent information across my XXXX XXXX credit bureau. I would like this account deleted and removed from my credit report profile. 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 an account without my handwritten instructions. 15 U.S.C 1681i Section a : states that if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file if no documentary evidence is found in accordance with FCRA, before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.
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| 04/27/2021 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Incorrect information on your report
- Information belongs to someone else
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Web |
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I XXXX XXXX XXXX XXXX am a current victim of Identity Theft. I was made aware of the fact that I was exposed in the 2017 EQUIFAX data breach through my exploration on the FTC.GOV website. While making a theft affidavit, I came upon the EQUIFAX data breach settlement, and when I clicked on the link, I entered my information, and was notified that my " personal data had been exposed ''. I have been paying EQUIFAX, XXXX, XXXX, and XXXX for credit monitoring services, so when I found out I had been exposed since at least 2017, I was ENRAGED. Not only had EQUIFAX not contacted me to inform me that they were responsible for exposing me as a consumer to Identity Theft, but they had the audacity to charge me for Identity theft related services. It immediately struck me that all of the inquiries, fraudulent credit accounts, erroneous addresses and name spellings are the result of the EQUFAX data breach ... THEY are the REASON I am suffering. Now, I am spending countless personal hours, personal finances and energy not only trying to wrap my head and arms around the scope and breadth of my exposure, but I am being blocked and circumvented from the most basic of rights, such as the right to block information on my personal consumer credit report resulting from Identity Theft. According to 15 USC 1681c-215 U.S. Code 1681c2 - Block of information resulting from identity theft ( a ) Block Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer ; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer.
( b ) Notification A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section ; and ( 4 ) of the effective dates of the block.
I have been blocked from exercising my right under 15 USC 1681c-2 by EQUIFAX repeatedly resisting my efforts to access remove or have blocked any erroneous and otherwise fraudulent information in my consumer credit file. I have made numerous attempts to call and have been consistently told to " call back in 2 hours or so because our systems are updating ''. EQUIFAX has violated me as a consumer. EQUIFAX is guilty of not communicating to me as a consumer their guilt in exposing my personal consumer credit file to criminals. 15 U.S. Code 1681g - Disclosures to consumers U.S. Code states, ( a ) Information on file ; sources ; report recipients Every consumer reporting agency shall, upon request, and subject to section 1681h ( a ) ( 1 ) of this title, clearly and accurately disclose to the consumer : ( 1 ) All information in the consumers file at the time of the request, except that ( A ) if the consumer to whom the file relates requests that the first 5 digits of the social security number ( or similar identification number ) of the consumer not be included in the disclosure and the consumer reporting agency has received appropriate proof of the identity of the requester, the consumer reporting agency shall so truncate such number in such disclosure. EQUIFAX has violated my right in this regard. According to 15 U.S. Code 1681m - Requirements on users of consumer reports U.S. Code ( a ) Duties of users taking adverse actions on basis of information contained in consumer reports If any person takes any adverse action with respect to any consumer that is based in whole or in part on any information contained in a consumer report, the person shall ( 1 ) provide oral, written, or electronic notice of the adverse action to the consumer ; ( 2 ) provide to the consumer written or electronic disclosure ( A ) of a numerical credit score as defined in section 1681g ( f ) ( 2 ) ( A ) of this title used by such person in taking any adverse action based in whole or in part on any information in a consumer report ; and ( B ) of the information set forth in subparagraphs ( B ) through ( E ) of section 1681g ( f ) ( 1 ) of this title ; ( 3 ) provide to the consumer orally, in writing, or electronically ( A ) the name, address, and telephone number of the consumer reporting agency ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) that furnished the report to the person ; and ( B ) a statement that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the consumer the specific reasons why the adverse action was taken ; and ( 4 ) provide to the consumer an oral, written, or electronic notice of the consumers right ( A ) to obtain, under section 1681j of this title, a free copy of a consumer report on the consumer from the consumer reporting agency referred to in paragraph ( 3 ), which notice shall include an indication of the 60-day period under that section for obtaining such a copy ; and ( B ) to dispute, under section 1681i of this title, with a consumer reporting agency the accuracy or completeness of any information in a consumer report furnished by the agency.
( b ) Adverse action based on information obtained from third parties other than consumer reporting agencies ( 1 ) In general Whenever credit for personal, family, or household purposes involving a consumer is denied or the charge for such credit is increased either wholly or partly because of information obtained from a person other than a consumer reporting agency bearing upon the consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, the user of such information shall, within a reasonable period of time, upon the consumers written request for the reasons for such adverse action received within sixty days after learning of such adverse action, disclose the nature of the information to the consumer. The user of such information shall clearly and accurately disclose to the consumer his right to make such written request at the time such adverse action is communicated to the consumer.
( 2 ) Duties of person taking certain actions based on information provided by affiliate ( A ) Duties, generally If a person takes an action described in subparagraph ( B ) with respect to a consumer, based in whole or in part on information described in subparagraph ( C ), the person shall ( i ) notify the consumer of the action, including a statement that the consumer may obtain the information in accordance with clause ( ii ) ; and ( ii ) upon a written request from the consumer received within 60 days after transmittal of the notice required by clause ( i ), disclose to the consumer the nature of the information upon which the action is based by not later than 30 days after receipt of the request.
( B ) Action described An action referred to in subparagraph ( A ) is an adverse action described in section 1681a ( k ) ( 1 ) ( A ) of this title, taken in connection with a transaction initiated by the consumer, or any adverse action described in clause ( i ) or ( ii ) of section 1681a ( k ) ( 1 ) ( B ) of this title.
( C ) Information described Information referred to in subparagraph ( A ) ( i ) except as provided in clause ( ii ), is information that ( I ) is furnished to the person taking the action by a person related by common ownership or affiliated by common corporate control to the person taking the action ; and ( II ) bears on the credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living of the consumer ; and ( ii ) does not include ( I ) information solely as to transactions or experiences between the consumer and the person furnishing the information ; or ( II ) information in a consumer report.
( c ) Reasonable procedures to assure compliance No person shall be held liable for any violation of this section if he shows by a preponderance of the evidence that at the time of the alleged violation he maintained reasonable procedures to assure compliance with the provisions of this section.
( d ) Duties of users making written credit or insurance solicitations on basis of information contained in consumer files ( 1 ) In general Any person who uses a consumer report on any consumer in connection with any credit or insurance transaction that is not initiated by the consumer, that is provided to that person under section 1681b ( c ) ( 1 ) ( B ) of this title, shall provide with each written solicitation made to the consumer regarding the transaction a clear and conspicuous statement that ( A ) information contained in the consumers consumer report was used in connection with the transaction ; ( B ) the consumer received the offer of credit or insurance because the consumer satisfied the criteria for credit worthiness or insurability under which the consumer was selected for the offer ; ( C ) if applicable, the credit or insurance may not be extended if, after the consumer responds to the offer, the consumer does not meet the criteria used to select the consumer for the offer or any applicable criteria bearing on credit worthiness or insurability or does not furnish any required collateral ; ( D ) the consumer has a right to prohibit information contained in the consumers file with any consumer reporting agency from being used in connection with any credit or insurance transaction that is not initiated by the consumer ; and ( E ) the consumer may exercise the right referred to in subparagraph ( D ) by notifying a notification system established under section 1681b ( e ) of this title.
( 2 ) Disclosure of address and telephone number ; format A statement under paragraph ( 1 ) shall ( A ) include the address and toll-free telephone number of the appropriate notification system established under section 1681b ( e ) of this title ; and ( B ) be presented in such format and in such type size and manner as to be simple and easy to understand, as established by the Bureau, by rule, in consultation with the Federal Trade Commission, the Federal banking agencies, and the National Credit Union Administration.
( 3 ) Maintaining criteria on file A person who makes an offer of credit or insurance to a consumer under a credit or insurance transaction described in paragraph ( 1 ) shall maintain on file the criteria used to select the consumer to receive the offer, all criteria bearing on credit worthiness or insurability, as applicable, that are the basis for determining whether or not to extend credit or insurance pursuant to the offer, and any requirement for the furnishing of collateral as a condition of the extension of credit or insurance, until the expiration of the 3-year period beginning on the date on which the offer is made to the consumer.
( 4 ) Authority of Federal agencies regarding unfair or deceptive acts or practices not affected This section is not intended to affect the authority of any Federal or State agency to enforce a prohibition against unfair or deceptive acts or practices, including the making of false or misleading statements in connection with a credit or insurance transaction that is not initiated by the consumer.
( e ) Red flag guidelines and regulations required ( 1 ) Guidelines The Federal banking agencies, the National Credit Union Administration, the Federal Trade Commission, the Commodity Futures Trading Commission, and the Securities and Exchange Commission shall jointly, with respect to the entities that are subject to their respective enforcement authority under section 1681s of this title ( A ) establish and maintain guidelines for use by each financial institution and each creditor regarding identity theft with respect to account holders at, or customers of, such entities, and update such guidelines as often as necessary ; ( B ) prescribe regulations requiring each financial institution and each creditor to establish reasonable policies and procedures for implementing the guidelines established pursuant to subparagraph ( A ), to identify possible risks to account holders or customers or to the safety and soundness of the institution or customers ; and ( C ) prescribe regulations applicable to card issuers to ensure that, if a card issuer receives notification of a change of address for an existing account, and within a short period of time ( during at least the first 30 days after such notification is received ) receives a request for an additional or replacement card for the same account, the card issuer may not issue the additional or replacement card, unless the card issuer, in accordance with reasonable policies and procedures ( i ) notifies the cardholder of the request at the former address of the cardholder and provides to the cardholder a means of promptly reporting incorrect address changes ; ( ii ) notifies the cardholder of the request by such other means of communication as the cardholder and the card issuer previously agreed to ; or ( iii ) uses other means of assessing the validity of the change of address, in accordance with reasonable policies and procedures established by the card issuer in accordance with the regulations prescribed under subparagraph ( B ).
( 2 ) Criteria ( A ) In general In developing the guidelines required by paragraph ( 1 ) ( A ), the agencies described in paragraph ( 1 ) shall identify patterns, practices, and specific forms of activity that indicate the possible existence of identity theft.
( B ) Inactive accounts In developing the guidelines required by paragraph ( 1 ) ( A ), the agencies described in paragraph ( 1 ) shall consider including reasonable guidelines providing that when a transaction occurs with respect to a credit or deposit account that has been inactive for more than 2 years, the creditor or financial institution shall follow reasonable policies and procedures that provide for notice to be given to a consumer in a manner reasonably designed to reduce the likelihood of identity theft with respect to such account.
( 3 ) Consistency with verification requirements Guidelines established pursuant to paragraph ( 1 ) shall not be inconsistent with the policies and procedures required under section 5318 ( l ) of title 31.
( 4 ) Definitions As used in this subsection, the term creditor ( A ) means a creditor, as defined in section 1691a of this title, that regularly and in the ordinary course of business ( i ) obtains or uses consumer reports, directly or indirectly, in connection with a credit transaction ; ( ii ) furnishes information to consumer reporting agencies, as described in section 1681s2 of this title, in connection with a credit transaction ; or ( iii ) advances funds to or on behalf of a person, based on an obligation of the person to repay the funds or repayable from specific property pledged by or on behalf of the person ; ( B ) does not include a creditor described in subparagraph ( A ) ( iii ) that advances funds on behalf of a person for expenses incidental to a service provided by the creditor to that person ; and ( C ) includes any other type of creditor, as defined in that section 1691a of this title, as the agency described in paragraph ( 1 ) having authority over that creditor may determine appropriate by rule promulgated by that agency, based on a determination that such creditor offers or maintains accounts that are subject to a reasonably foreseeable risk of identity theft.
( f ) Prohibition on sale or transfer of debt caused by identity theft ( 1 ) In general No person shall sell, transfer for consideration, or place for collection a debt that such person has been notified under section 1681c2 of this title has resulted from identity theft.
( 2 ) Applicability The prohibitions of this subsection shall apply to all persons collecting a debt described in paragraph ( 1 ) after the date of a notification under paragraph ( 1 ).
( 3 ) Rule of construction Nothing in this subsection shall be construed to prohibit ( A ) the repurchase of a debt in any case in which the assignee of the debt requires such repurchase because the debt has resulted from identity theft ; ( B ) the securitization of a debt or the pledging of a portfolio of debt as collateral in connection with a borrowing ; or ( C ) the transfer of debt as a result of a merger, acquisition, purchase and assumption transaction, or transfer of substantially all of the assets of an entity.
( g ) Debt collector communications concerning identity theft If a person acting as a debt collector ( as that term is defined in subchapter V ) on behalf of a third party that is a creditor or other user of a consumer report is notified that any information relating to a debt that the person is attempting to collect may be fraudulent or may be the result of identity theft, that person shall ( 1 ) notify the third party that the information may be fraudulent or may be the result of identity theft ; and ( 2 ) upon request of the consumer to whom the debt purportedly relates, provide to the consumer all information to which the consumer would otherwise be entitled if the consumer were not a victim of identity theft, but wished to dispute the debt under provisions of law applicable to that person.
( h ) Duties of users in certain credit transactions ( 1 ) In general Subject to rules prescribed as provided in paragraph ( 6 ), if any person uses a consumer report in connection with an application for, or a grant, extension, or other provision of, credit on material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from or through that person, based in whole or in part on a consumer report, the person shall provide an oral, written, or electronic notice to the consumer in the form and manner required by regulations prescribed in accordance with this subsection.
( 2 ) Timing The notice required under paragraph ( 1 ) may be provided at the time of an application for, or a grant, extension, or other provision of, credit or the time of communication of an approval of an application for, or grant, extension, or other provision of, credit, except as provided in the regulations prescribed under paragraph ( 6 ).
( 3 ) Exceptions No notice shall be required from a person under this subsection if ( A ) the consumer applied for specific material terms and was granted those terms, unless those terms were initially specified by the person after the transaction was initiated by the consumer and after the person obtained a consumer report ; or ( B ) the person has provided or will provide a notice to the consumer under subsection ( a ) in connection with the transaction.
( 4 ) Other notice not sufficient A person that is required to provide a notice under subsection ( a ) can not meet that requirement by providing a notice under this subsection.
( 5 ) Content and delivery of notice A notice under this subsection shall, at a minimum ( A ) include a statement informing the consumer that the terms offered to the consumer are set based on information from a consumer report ; ( B ) identify the consumer reporting agency furnishing the report ; ( C ) include a statement informing the consumer that the consumer may obtain a copy of a consumer report from that consumer reporting agency without charge ; ( D ) include the contact information specified by that consumer reporting agency for obtaining such consumer reports ( including a toll-free telephone number established by the agency in the case of a consumer reporting agency described in section 1681a ( p ) of this title ) ; and ( E ) include a statement informing the consumer of ( i ) a numerical credit score as defined in section 1681g ( f ) ( 2 ) ( A ) of this title, used by such person in making the credit decision described in paragraph ( 1 ) based in whole or in part on any information in a consumer report ; and ( ii ) the information set forth in subparagraphs ( B ) through ( E ) of section 1681g ( f ) ( 1 ) of this title.
( 6 ) Rulemaking ( A ) Rules required The Bureau shall prescribe rules to carry out this subsection.
( B ) Content Rules required by subparagraph ( A ) shall address, but are not limited to ( i ) the form, content, time, and manner of delivery of any notice under this subsection ; ( ii ) clarification of the meaning of terms used in this subsection, including what credit terms are material, and when credit terms are materially less favorable ; ( iii ) exceptions to the notice requirement under this subsection for classes of persons or transactions regarding which the agencies determine that notice would not significantly benefit consumers ; ( iv ) a model notice that may be used to comply with this subsection ; and ( v ) the timing of the notice required under paragraph ( 1 ), including the circumstances under which the notice must be provided after the terms offered to the consumer were set based on information from a consumer report.
( 7 ) Compliance A person shall not be liable for failure to perform the duties required by this section if, at the time of the failure, the person maintained reasonable policies and procedures to comply with this section.
( 8 ) Enforcement ( A ) No civil actions Sections 1681n and 1681o of this title shall not apply to any failure by any person to comply with this section.
( B ) Administrative enforcement This section shall be enforced exclusively under section 1681s of this title by the Federal agencies and officials identified in that section.
EQUIFAX is violating my rights to exercise these rights.
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| 04/02/2023 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Incorrect information on your report
- Information belongs to someone else
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Web |
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my name XXXX XXXX XXXX asOF XX/XX/XXXX spoke with supervisor at XXXX Special handling at fraud department XXXX XXXX at XXXX And XXXX SPECIALIST AT XXXX I gave them all the identifying information of who I was, including my Social Security number, my address, and answered all security questions that was provided to pass the screening I was told that the fraudulent account and fraudulent inquiries would be removed from my consumer reports still hasnt removed the accounts that are associated with Fraud AS I HAVE RECENTLY DISPUTED WITH BOTH CREDIT REPORTING AGENCY AS OF XX/XX/XXXX I sent over a state. Attorney Generals report a FTC complaint a XXXX complaint a California consumer protection and innovation complaint about the accounts that are reporting on my consumer profile. They stated in my last complaint here with the CFPB that they removed these accounts. That is not the case in the accounts continue to report fraudulently on my consumer profile Im requesting under the 15 USC 1681B c-2 that information that has been procured from identity theft be blocked completely blocked. 15 USC 1681 ( a ) ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy I demand a deletion of all personal identifiable information from my consumer credit report with the exception of : 1. My Full Legal Name : First & Last Name 2. My Address : Address, City, State Zip Please delete all other addresses, I can not receive mail or any correspondence nor do I have access to any of these addresses please delete these utdated ddresses and update the address with the one above.also Delete any and all other phone numbers. 1 demand my social security number and date of birth be removed from being displayed on the credit file for privacy reasons. Delete all information in the employer section. Pursuant to the FAIR CREDIT REPORTING ACT 15 USC 1681 ( a ) ( 4 ), I am a federally protected consumer and I have a right to privacy. Not granting me my rights is in direct violation of 15 USC S1681 and all its subsections all Unauthorized inquiries to my consumer report ; demand for Deletion and {$1000.00} Settlement. yes, these are the associated accounts. ( ( XXXX XXXX XXXX XXXX XXXX ) ) Account Number : XXXX Date XXXX began:XXXX amount : {$1300.00} ( ( XXXX XXXX AUTO ) ) account number XXXX dateXXXX {$24000.00} and ( ( XXXX XXXX XXXX ) ) account XXXX date openedXXXX amount {$15000.00} VIOLATIONS FCRA/ Fair Debt Collection Practices Act ) ) -15 USC 1692c ( b ) 15 U.S. code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. code 1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e ), 15 U.S. code 16811 - procedure in case of disputed accuracy, 15 U.S. code 1681b - Permissible purposes of consumer report. H.R. 3046 Social Security number privacy and identity Theft Prevention Act of 2007. Section 326 of USA PATRIOT Act. Gramm-leach-Bliley Act.XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX US SMALL BUS ADMIN DATE XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX ( Fraudulent Name ) XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX ( Fraudulent address ) XXXX XXXX XXXX XXXX # XXXX XXXX, CA XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX XXXX XXXX XXXX, CA XXXX ) ) - To : Whom it may concern at EQUIFAX/ XXXX/XXXX You are in violation of the Fair Credit Reporting Act ( " FCRA '' ), [ 15 U.S.C 1681b ( a ) 3 ( f ) ( i )., for unlawfully obtaining my " XXXX '' EQUIFAX consumer report without my authorization or a permissible purpose under the 15 USC 1681 Fair Credit Reporting Act ( FCRA ] and its guidelines for permissible purpose. " A person shall not use or obtain a consumer report for any purpose unless ; 1. The consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section. 2. The purpose is certified in accordance with section 1681b ( f ). Chester v. Purvis, 260 F. Sup 2d 711 ( S.D. Ind. 2003 ). 15 USC {$16000.00} ( c Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 3 ) Information regarding inquiries ; Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any _person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer This is also a cease and desist of, the fraudulent accounts to being reported and any reporting is as such as collection activities. ( ( XXXX XXXX XXXX XXXXXXXX XXXX ) ) Account Number : XXXX Date XXXX began:XXXX amount : {$1300.00} ( ( XXXX XXXX XXXX ) ) account number XXXX XXXX {$24000.00} and ( ( XXXX XXXX XXXX ) ) account XXXX date openedXXXX amount $ XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX US SMALL BUS ADMIN DATE XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX ( ( Fraudulent Name ) ) XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX ( Fraudulent address ) XXXX XXXX XXXX XXXX XXXX # XXXX XXXX, CA XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX XXXX XXXX XXXX XXXX , CA XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX , CA XXXX XXXX XXXX XXXX XXXX, CA XXXX ) ) VIOLATIONS ) ) - 15 USC 1692c ( b ) 15 U.S. code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. code 1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e ), 15 U.S. code 16811 - procedure in case of disputed accuracy, 15 U.S. code 1681b - Permissible purposes of consumer report. H.R. 3046 Social Security number privacy and identity Theft Prevention Act of 2007. Section 326 of USA PATRIOT Act. Gramm-leach-Bliley Act. I AM aware that -my SSN belongs to the ( SSA ) Social Security Administration -and anything purchased with that identifying number is an obligation of the United States in accordance with 18 U.S.C 8 and being that you ( XXXX EQUIFAX CONTINUE TO REPORT FRAUDULENT ACCOUNTS THIS makes you guilty and in violation of the False Claims Act ( FCA ) 31 U.S.C 3729-3733. ( Debt Collector name is also in violation of ( 18 U.S.C 894 ) for using my consumer report with extortionate means as a way to coerce and swindle me into making payments on alleged debt not owed. I DID NOT AND DO NOT CONSENT these companies XXXX XXXX/EQUIFAX XXXXfurnishing this information to my consumer report. I did not give you authorization or permission to have my personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 1028A. This is a notice toCEASE and DESIST of all illegal activities, including reporting which constitutes collection activities. This is also a NOTICE exercising my rights to prevent the processing of my personal data by XXXX/EQUIFAX/XXXX/ ( XXXX XXXX XXXX XXXX XXXX XXXX Account Number : XXXX Date fraud began:XXXX amount : {$1300.00} ( XXXX XXXX XXXX ) account number XXXX dateXXXX {$24000.00} and ( XXXX XXXX XXXX ) account XXXX date opened XX/XX/XXXX ( amount {$15000.00} ) VIOLATIONS ) ) - 15 USC 1692c ( b ) 15 U.S. code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. code 1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e ), 15 U.S. code 16811 - procedure in case of disputed accuracy, 15 U.S. code 1681b - Permissible purposes of consumer report. H.R. 3046 Social Security number privacy and identity Theft Prevention Act of 2007. Section 326 of USA PATRIOT Act. Gramm-leach-Bliley Act.XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX US SMALL BUS ADMIN XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX ( Fraudulent Name ) XXXX XXXX XXXX, XXXX XXXX , XXXX, XXXX ( Fraudulent address ) XXXX XXXX XXXX XXXX # XXXX XXXX, CA XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX XXXX XXXX XXXX, CA XXXX ( Failure to remove account in 15 days from my consumer report ) as requested will result in legal matters being taken and me turning you ( XXXX/EQUIFAX/XXXX/ ( FTC ) Federal Trade Commission for aggravated identity theft and Fraud. If this matter is not resolved by the time specified above, I reserve the right to commence legal proceedings to recover the damages without further notice to you and this letter may be tendered as evidence of failure to comply.. You are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Attorney General 's office and civil claims may be pursued 15 U.S. Code 1681c- 2 - ) Block of information Resulting from identity theft Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of- ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer ; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. ( b ) NOTIFICATION A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) - ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section ; and ( 4 ) of the effective dates of the block ( XXXX/EQUIFAX/XXXX/ XXXX/XXXX/EQUIFAX/Is also in violation of 18 U.S.C 894 for using my consumer report with extortionate means as a way to coerce and swindle me into making payments on alleged debt not owed. I DID NOT AND DO NOT CONSENT to you ( XXXX furnishing this information to my consumer report. I did not give you authorization or permission to have my personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 10284 This is a notice to CEASE and DESIST of all illegal activities, including reporting which constitutes collection activities. FRAUDULENT ACCOUNTS : XXXX XXXX XXXX XXXX XXXX XXXX Account Number : XXXX Date fraud began:XXXX amount : {$1300.00} XXXX XXXX XXXX account number XXXX dateXXXX {$24000.00} and XXXX XXXX XXXX account XXXX date openedXXXX amount $ XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX US SMALL BUS ADMIN DATE XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX ( Fraudulent Name ) XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX ( Fraudulent address ) XXXX XXXX XXXX XXXX # XXXX XXXX, CA XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX XXXX XXXX XXXX XXXX , CA XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX , CA XXXX XXXX XXXX XXXX XXXX, CA XXXX This is also a NOTICE exercising my rights to prevent the processing of my personal data by XXXX/XXXX/ 15 USC 1692c ( b ) 15 U.S. code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. code 1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e ), 15 U.S. code 1681i- procedure in case of disputed accuracy, H.R . 3046 Social Security number privacy and identity Theft Prevention Act of 2007. Section 326 of USAPATRIOT Act. Gramm- leach-Bliley Act. XXXX and equifax have been repeatedly warned about these fraudulent accounts that are on my consumer report. According to the fair Credit Reporting Act, Section 609 ( a ) ( 1 ) ( A ), you are required by federal law to verify through the physical verification of the original signed consumer contract- any all accounts you post on a credit report. Otherwise, anyone paying for your reporting service could fax, mail or email in a fraudulent account. I demand to see Verifiable proof ( an Original Consumer Contract with my Signature on it ) vou have on file of the account listed below. Your failure to positively verify these accounts hurt my ability to obtain credit. Under the FCRA, Unverified accounts must be removed and if you are unable to provide me with a copy of verifiable proof, you must remove the accounts listed including 15 USC 1692c ( b ) 15 U.S. code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. code 1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e ), 15 U.S. code 1681i- procedure in case of disputed accuracy, H.R . 3046 Social Security number privacy and identity Theft Prevention Act of 2007. Section 326 of USAPATRIOT Act. Gramm-leach-Bliley Act. XXXX and discovery have been repeatedly warned about these fraudulent accounts that are on my consumer report. You are required to do what I am asking and block these transactions from being reported to my consumer report within 4 days from the date of the receipt of this notice. I look forward to your response. 15 U.S. Code 1681n - Civil liability for willful noncompliance U.S. Code Notes prev | next ( 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}. 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 given reporting agency can not furnish an account without my written instruction. 15 U.S.C 1692c Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt. A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation. A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 15 U.S. Code 1601- Congressional findings and declaration of purpose ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. XXXX/EQUIFAX/XXXX/ XXXX XXXX XXXX XXXXXXXX XXXX XXXX Account XXXX XXXX XXXX Date fraud beganXXXX amount : {$1300.00} XXXX XXXX XXXX account number XXXX XXXX {$24000.00} and XXXX XXXX XXXX account XXXX date XXXX amount $ XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX US SMALL BUS ADMIN DATE XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX ( Fraudulent Name ) XXXX XXXX XXXX, XXXX XXXX, XXXX, C ( Fraudulent address XXXX XXXX XXXX XXXX XXXX # XXXX XXXX, CA XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX XXXX XXXX XXXX , CA XXXX I HAVE PRESENTED COMPELLING EVIDENCE AND HAVE SENT VALIDATION LETTERD TO THE LAW NONE HAVE BEEN ANSWERED WITH LEGAL DOCUMENTS I ask again of the CFPB TO truly look into the many violations of the FCRA by XXXX including 15 USC 1692c ( b ) 15 U.S. code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies . 15 U.S. code 1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e ), 15 U.S. code 1681i- procedure in case of disputed accuracy, H.R . 3046 Social Security number privacy and identity Theft Prevention Act of 2007. Section 326 of USAPATRIOT Act. Gramm- leach-Bliley Act. Transunion and Equifax have been repeatedly warned about these fraudulent accounts that are on my consumer reports I never gave XXXX/ ( XXXX ) EQUIFAX ) any verbal or written consent to report anything on my consumer report. No consent is Identity Theft. A copy of the law is attached with this dispute. You also do not have any permissible purpose to furnish my personal information to any third party. 15 USC 1681b ( Permissible purpose ) of consumer reports ( a ) IN GENERAL Subiect to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written Instructions of the consumer to whom it relates. As a consumer, I am demanding a deletion of all associated accounts here in this complaint person shall not use or obtain a consumer report for any purpose unless ; 1. The consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section. 2. The purpose is certified in accordance with section 1681b ( f ). Chester v. Purvis, 260 F. Sup 2d
711 ( S.D. Ind. 2003 ). 15 USC S 16816 ( c Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 3 ) Information regarding ( collection ) Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any_person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer 15 U.S. Code 1681i - Procedure in case of disputed accuracy ( a ) Reinvestigations of disputed information ( 1 ) Reinvestigation required ( A ) In general Subject to subsection ( f ) and except as provided in subsection ( g ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30- day period beginning on the date on which the agencyreceives the notice of the dispute from the consumer or reseller. 15USC 1681a ( 2 ) ( I ) 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 ; ( 15 USC 1681 ( 3 ) ( e ) 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 ). A copy of the consumer credit contract is not sufficient to validate the debt. Validation requires presentment of the account and general ledger statement signed and dated by the party responsible for maintaining the account. Pacific Concrete F.C.U v. Kauanoe, 62 Haw. 334, 614 P. 2d 936 ( 1980 ), GE Capital Hawaii , Inc. v. Yonenaka 25 P.3d 807, 96 Hawaii 32, ( Hawaii App 2001 ), Fooks v. Norwich Housing Authority 28 Conn. L. Rptr . 371, ( Conn. Super.2000 ), and Town of Brookfield v. Candlewood Shores Estates , Inc. 513 A.2d 1218, 201 Conn.l ( 1986 ). and Solon v. Godbole, 163 III. App. 3d 845, 114 III. Dec. 890,516 N. E.2d 1045 ( 3Dist. 1987 ). UCC 9-201 ~ Request for accounting F.R.C.P. ( F.R.E. ) 1002 says you are entitled to the original which can never be produced because it was destroyed when the federal reserve bought your application for credit. EQUIFAX/and XXXX is also in multiple violations and egregious acts in a grotesque, mismanagement and handling of identity sensitive personal information and data. 15 USC 1692c ( b ) ( 15 U.S. code 1681s-2 ) Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. code 1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e )
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Per XXXX XXXX and XXXX XXXX XXXX Permissible purposes XXXX XXXX XXXX {$910.00} is reporting incorrect across all XXXX credit reporting agencies XXXX, XXXX, Equifax.Per 15 USC 1666a -b Reporting ADVERSE credit ratings or standings on my credit report, Timing on Payment the credit reporting agencies can not report utilization to any 3rd party All 3 companies are reporting Utilization which is wrong. A closed account and charged off account can not report any past due Balances. Per 31 CFR 903.5 AND 31 USC 3711 Also a charged off account is income and a certificate of Indebtedness according to the Irs Publication. The credit reporting agencies are not to report income on my credit report. Every month XXXX XXXX XXXX is reporting C/O charge off on my credit report and that is illegal you can't charge off a debt every month it is re-aging the debt making it look newer than what it is and manipulating the the system. XXXX XXXX XXXX has violated my privacy numerous of times by selling my information multiples times to XXXX party without my consent. XXXX XXXX XXXX XXXX XXXX, XXXX XXXX and XXXX XXXX XXXX XXXX XXXX. are the XXXX companies XXXX XXXX XXXX has sold my personal information to such as my address, social security number, birthday and name and they are lying about it. XXXX XXXX XXXX is in violation of my privacy rights Per the Privacy Act of 1974 Also said that under 5 USC 552A your social is not suppose to be given out to anyone. XXXX XXXX XXXX They also sharing information with another 3rd party /non affiliate which is in violation of my 16 CFR 313.7 Opt-Out notice. XXXX XXXX XXXX violated my rights as well under 15 USC 6802-6805 They are suppose to send me a opt-out letter every 30 days. I Have the right to opt-out of anything on credit report. Here is a list of laws that XXXX XXXX XXXX is abusing and violating me as well as all XXXX credit reporting agencies XXXX, Equifax and XXXX.
12 CFR 1022.41 ( a ) Accuracy means that information that a furnisher provides to a consumer reporting agency about an account or other relationship with the consumer correctly : ( 1 ) Reflects the terms of and liability for the account or other relationship ; ( 2 ) Reflects the consumer 's performance and other conduct with respect to the account or other relationship ; and ( 3 ) Identifies the appropriate consumer.
c ) Furnisher means an entity that furnishes information relating to consumers to one or more consumer reporting agencies for inclusion in a consumer report. An entity is not a furnisher when it : ( 1 ) Provides information to a consumer reporting agency solely to obtain a consumer report in accordance with sections 604 ( a ) and ( f ) of the FCRA ; ( 2 ) Is acting as a consumer reporting agency as defined in section 603 ( f ) of the FCRA ; ( 3 ) Is a consumer to whom the furnished information pertains; or ( 4 ) Is a neighbor, friend, or associate of the consumer, or another individual with whom the consumer is acquainted or who may have knowledge about the consumer, and who provides information about the consumer 's character, general reputation, personal characteristics, or mode of living in response to a specific request from a consumer reporting agency.
( d ) Integrity means that information that a furnisher provides to a consumer reporting agency about an account or other relationship with the consumer : ( 1 ) Is substantiated by the furnisher 's records at the time it is furnished ; ( 2 ) Is furnished in a form and manner that is designed to minimize the likelihood that the information may be incorrectly reflected in a consumer report ; and ( 3 ) Includes the information in the furnisher 's possession about the account or other relationship that the Bureau has : The Privacy Act of 1974 is a federal law that governs our collection and use of records we maintain on you in a system of records. A system of records is any grouping of information about an individual under the control of a Federal agency from which information is retrievable by personal identifiers, such as name, social security number, or other identifying number or symbol. Under the Privacy Act, Federal agencies may not disclose information without consent unless certain exceptions apply to the disclosure. The Privacy Act provides protections to individuals in three primary ways. It provides individuals with : the right to request their records, subject to Privacy Act exemptions ; the right to request a change to their records that are not accurate, relevant, timely or complete ; and the right to be protected against unwarranted invasion of their privacy resulting from the collection, maintenance, use, and disclosure of their personal information.
( b ) CONDITIONS OF DISCLOSURE.No agency shall disclose any record which is contained in a system of records by any means of communica- tion 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 ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under sub- section ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agen- cy with advance adequate written assurance that the record will be used solely as a statis- tical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ACCOUNTING OF CERTAIN DISCLOSURES. Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under sub- sections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to an- other agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under para- graph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the ac- counting is made ; ( 3 ) except for disclosures made under sub- section ( b ) ( 7 ) of this section, make the ac- counting made under paragraph ( 1 ) of this sub- section available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been dis- closed to the person or agency if an account- ing of the disclosure was made.
( n ) MAILING LISTS.An individuals name and address may not be sold or rented by an agency unless such action is specifically authorized by law. This provision shall not be construed to re- quire the withholding of names and addresses otherwise permitted to be made public.
31 CFR 29.518 - Reporting delinquent debts to credit bureaus.
e ) Privacy Act considerations. A delinquent debt may not be reported under this section unless a notice issued pursuant to the Privacy Act, 5 U.S.C. 552a ( e ) ( 4 ), authorizes the disclosure of information about the debtor to a credit bureau.
15 U.S. Code 6801 - Protection of nonpublic personal information a ) Privacy obligation policy 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 customersnonpublic personal information.
( b ) Financial institutions safeguardsIn furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.
15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.
Opt out ( 1 ) In generalA financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.
( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from afinancial institution nonpublic personal information under this section shall not, directly or through anaffiliate of such receiving third party, disclose such information to any other person that is anonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.
( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.
15 U.S. Code 6805 Enforcement ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries oraffiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) 313.7 Form of opt out notice to consumers ; opt out methods.
( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.
( e ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it.
( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.
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 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.
( B ) Reporting information after notice and confirmation of errors 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.
( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address.
( D ) Definition For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information.
15 usc 1681m ( 1 ) In general No person shall sell, transfer for consider- ation, or place for collection a debt that such person has been notified under section 1681c2 of this title has resulted from identity theft.
12 CFR 1022.41 ( a ) Accuracy means that information that a furnisher provides to a consumer reporting agency about an account or other relationship with the consumer correctly : ( 1 ) Reflects the terms of and liability for the account or other relationship ; ( 2 ) Reflects the consumer 's performance and other conduct with respect to the account or other relationship ; and ( 3 ) Identifies the appropriate consumer.
( b ) Direct dispute means a dispute submitted directly to a furnisher ( including a furnisher that is a debt collector ) by a consumer concerning the accuracy of any information contained in a consumer report and pertaining to an account or other relationship that the furnisher has or had with the consumer.
( c ) Furnisher means an entity that furnishes information relating to consumers to one or more consumer reporting agencies for inclusion in a consumer report. An entity is not a furnisher when it : ( 1 ) Provides information to a consumer reporting agency solely to obtain a consumer report in accordance with sections 604 ( a ) and ( f ) of the FCRA ; ( 2 ) Is acting as a consumer reporting agency as defined in section 603 ( f ) of the FCRA ; ( 3 ) Is a consumer to whom the furnished information pertains; or ( 4 ) Is a neighbor, friend, or associate of the consumer, or another individual with whom the consumer is acquainted or who may have knowledge about the consumer, and who provides information about the consumer 's character, general reputation, personal characteristics, or mode of living in response to a specific request from a consumer reporting agency.
( d ) Integrity means that information that a furnisher provides to a consumer reporting agency about an account or other relationship with the consumer : ( 1 ) Is substantiated by the furnisher 's records at the time it is furnished ; ( 2 ) Is furnished in a form and manner that is designed to minimize the likelihood that the information may be incorrectly reflected in a consumer report ; and ( 3 ) Includes the information in the furnisher 's possession about the account or other relationship that the Bureau has : ( i ) Determined that the absence of which would likely be materially misleading in evaluating a consumer 's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living ; and ( e ) Duty of furnisher after receiving a direct dispute notice. After receiving a dispute notice from a consumer pursuant to paragraphs ( c ) and ( d ) of this section, the furnisher must : ( 1 ) Conduct a reasonable investigation with respect to the disputed information ; ( 2 ) Review all relevant information provided by the consumer with the dispute notice ; ( 3 ) Complete its investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 611 ( a ) ( 1 ) of the FCRA ( 15 U.S.C. 1681i ( a ) ( 1 ) ) within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and ( 4 ) If the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the furnisher provided inaccurate information of that determination and provide to the consumer reporting agency any correction to that information that is necessary to make the information provided by the furnisher ( b ) Definitions. The following definitions apply to this exemption : 16 CFR 313.1 ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third party finance or leasing source.
( m ) ( 1 ) Nonaffiliated third party means any person except : ( i ) Your affiliate; or ( ii ) A person employed jointly by you and any company that is not your affiliate ( but nonaffiliated third partyincludes the other company that jointly employs the person ).
( 2 ) Nonaffiliated third party includes any company that is an affiliate by virtue of your or your affiliate 's direct or indirect ownership or control of the company in conducting merchant banking or investment banking activities of the type described in section 4 ( k ) ( 4 ) ( H ) or insurance company investment activities of the type described in section 4 ( k ) ( 4 ) ( I ) of the Bank Holding Company Act ( 12 U.S.C. 1843 ( k ) ( 4 ) ( H ) and ( I ) ).
( n ) ( 1 ) Nonpublic personal information means : ( i ) Personally identifiable financial information; and ( ii ) Any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived using any personally identifiable financial information that is not publicly available.
Subpart A - Privacy and Opt Out Notices 313.4 Initial privacy notice to consumers required.
( a ) Initial n 15 U.S. Code 6801 - Protection of nonpublic personal information a ) Privacy obligation policy 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 customersnonpublic personal information.
( b ) Financial institutions safeguardsIn furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.
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| 12/22/2022 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Improper use of your report
- Reporting company used your report improperly
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Web |
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Per Cfr 1022.41 and 15 USC 1681 Permissible purposes XXXX XXXX and XXXX XXXX XXXX {$890.00} is reporting inaccurate across all 3 credit reporting agencies XXXX, XXXX, Equifax.Per 15 USC 1666a -b Reporting ADVERSE credit ratings or standings on my credit report, Timing on Payment the credit reporting agencies can not report utilization to any 3rd party All 3 companies are reporting Utilization which is wrong. A closed account and charged off account can not report any past due Balances. Per 31 CFR 903.5 AND 31 USC 3711 Also a charged off account is income and a certificate of Indebtedness according to the Irs Publication. The credit reporting agencies are not to report income on my credit report. Every month XXXX XXXX and XXXX XXXX XXXX is reporting C/O charge off on my credit report and that is illegal you can't charge off a debt every month it is re-aging the debt making it look newer than what it is and manipulating the the system. XXXXXXXX XXXX and XXXX XXXX XXXX has violated my privacy numerous of times by selling my information multiples times to 3rd party without my consent. XXXX XXXX XXXX is the company XXXX XXXX has sold my personal information to such as my address, social security number, birthday and name and they are lying about it. XXXX XXXX is in violation of my privacy rights Per the Privacy Act of 1974 Also said that under 5 USC 552A your social is not suppose to be given out to anyone. XXXX XXXX They also sharing information with another 3rd party /non affiliate which is in violation of my 16 CFR 313.7 Opt-Out notice. XXXXXXXX XXXX violated my rights as well under 15 USC 6802-6805 They are suppose to send me a opt-out letter every 30 days. I Have the right to opt-out of anything on credit report. Here is a list of laws that XXXXXXXX XXXX is abusing and violating me as well as all 3 credit reporting agencies XXXX, Equifax and XXXX.
12 CFR 1022.41 ( a ) Accuracy means that information that a furnisher provides to a consumer reporting agency about an account or other relationship with the consumer correctly : ( 1 ) Reflects the terms of and liability for the account or other relationship ; ( 2 ) Reflects the consumer 's performance and other conduct with respect to the account or other relationship ; and ( 3 ) Identifies the appropriate consumer.
c ) Furnisher means an entity that furnishes information relating to consumers to one or
more consumer reporting agencies for inclusion in a consumer report. An entity is not a furnisher when it : ( 1 ) Provides information to a consumer reporting agency solely to obtain a consumer report in accordance with sections 604 ( a ) and ( f ) of the FCRA ; ( 2 ) Is acting as a consumer reporting agency as defined in section 603 ( f ) of the FCRA ; ( 3 ) Is a consumer to whom the furnished information pertains; or ( 4 ) Is a neighbor, friend, or associate of
the consumer, or another individual with whom the consumer is acquainted or who may have knowledge about the consumer, and who provides information about the consumer 's character, general reputation, personal characteristics, or mode of living in response to a specific request from a consumer reporting agency.
( d ) Integrity means that information that a furnisher provides to a consumer reporting agency about an account or other relationship with the consumer : ( 1 ) Is substantiated by the furnisher 's records at the time it is furnished ; ( 2 ) Is furnished in a form and manner that is designed to minimize the likelihood that the information may be incorrectly reflected in a consumer report ; and ( 3 ) Includes the information in the furnisher 's possession about the account or other relationship that the Bureau has : The Privacy Act of 1974 is a federal law that governs our collection and use of records we maintain on you in a system of records. A system of records is any grouping of information about an individual under the control of a Federal agency from which information is retrievable by personal identifiers, such as name, social security number, or other identifying number or symbol. Under the Privacy Act, Federal agencies may not disclose information without consent unless certain exceptions apply to the disclosure. The Privacy Act provides protections to individuals in three primary ways. It provides individuals with : the right to request their records, subject to Privacy Act exemptions ; the right to request a change to their records that are not accurate, relevant, timely or complete ; and the right to be protected against unwarranted invasion of their privacy resulting from the collection, maintenance, use, and disclosure of their personal information.
( b ) CONDITIONS OF DISCLOSURE.No agency shall disclose any record which is contained in a system of records by any means of communica- tion 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 ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under sub- section ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agen- cy with advance adequate written assurance that the record will be used solely as a statis- tical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ACCOUNTING OF CERTAIN DISCLOSURES. Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under sub- sections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to an- other agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under para- graph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the ac- counting is made ; ( 3 ) except for disclosures made under sub- section ( b ) ( 7 ) of this section, make the ac- counting made under paragraph ( 1 ) of this sub- section available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been dis- closed to the person or agency if an account- ing of the disclosure was made.
( n ) MAILING LISTS.An individuals name and address may not be sold or rented by an agency unless such action is specifically authorized by law. This provision shall not be construed to re- quire the withholding of names and addresses otherwise permitted to be made public.
31 CFR 29.518 - Reporting delinquent debts to credit bureaus.
e ) Privacy Act considerations. A delinquent debt may not be reported under this section unless a notice issued pursuant to the Privacy Act, 5 U.S.C. 552a ( e ) ( 4 ), authorizes the disclosure of information about the debtor to a credit bureau.
15 U.S. Code 6801 - Protection of nonpublic personal information a ) Privacy obligation policy 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 customersnonpublic personal information.
( b ) Financial institutions safeguardsIn furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.
15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.
Opt out ( 1 ) In generalA financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.
( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from afinancial institution nonpublic personal information under this section shall not, directly or through anaffiliate of such receiving third party, disclose such information to any other person that is anonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.
( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. 15 U.S. Code 6805 Enforcement
( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries oraffiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) 313.7 Form of opt out notice to consumers ; opt out methods.
( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.
( e ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it.
( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.
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 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.
( B ) Reporting information after notice and confirmation of errors 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.
( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address.
( D ) Definition For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information.
15 usc 1681m ( 1 ) In general No person shall sell, transfer for consider- ation, or place for collection a debt that such person has been notified under section 1681c2 of this title has resulted from identity theft.
12 CFR 1022.41 ( a ) Accuracy means that information that a furnisher provides to a consumer reporting agency about an account or other relationship with the consumer correctly : ( 1 ) Reflects the terms of and liability for the account or other relationship ; ( 2 ) Reflects the consumer 's performance and other conduct with respect to the account or other relationship ; and ( 3 ) Identifies the appropriate consumer.
( b ) Direct dispute means a dispute submitted directly to a furnisher ( including a furnisher that is a debt collector ) by a consumer concerning the accuracy of any information contained in a consumer report and pertaining to an account or other relationship that the furnisher has or had with the consumer.
( c ) Furnisher means an entity that furnishes information relating to consumers to one or more consumer reporting agencies for inclusion in a consumer report. An entity is not a furnisher when it : ( 1 ) Provides information to a consumer reporting agency solely to obtain a consumer report in accordance with sections 604 ( a ) and ( f ) of the FCRA ; ( 2 ) Is acting as a consumer reporting agency as defined in section 603 ( f ) of the FCRA ; ( 3 ) Is a consumer to whom the furnished information pertains; or ( 4 ) Is a neighbor, friend, or associate of the consumer, or another individual with whom the consumer is acquainted or who may have knowledge about the consumer, and who provides information about the consumer 's character, general reputation, personal characteristics, or mode of living in response to a specific request from a consumer reporting agency.
( d ) Integrity means that information that a furnisher provides to a consumer reporting agency about an account or other relationship with the consumer : ( 1 ) Is substantiated by the furnisher 's records at the time it is furnished ; ( 2 ) Is furnished in a form and manner that is designed to minimize the likelihood that the information may be incorrectly reflected in a consumer report ; and ( 3 ) Includes the information in the furnisher 's possession about the account or other relationship that the Bureau has : ( i ) Determined that the absence of which would likely be materially misleading in evaluating a consumer 's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living ; and ( e ) Duty of furnisher after receiving a direct dispute notice. After receiving a dispute notice from a consumer pursuant to paragraphs ( c ) and ( d ) of this section, the furnisher must : ( 1 ) Conduct a reasonable investigation with respect to the disputed information ; ( 2 ) Review all relevant information provided by the consumer with the dispute notice ; ( 3 ) Complete its investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 611 ( a ) ( 1 ) of the FCRA ( 15 U.S.C. 1681i ( a ) ( 1 ) ) within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and ( 4 ) If the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the furnisher provided inaccurate information of that determination and provide to the consumer reporting agency any correction to that information that is necessary to make the information provided by the furnisher ( b ) Definitions. The following definitions apply to this exemption : 16 CFR 313.1 ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third party finance or leasing source.
( m ) ( 1 ) Nonaffiliated third party means any person except : ( i ) Your affiliate; or ( ii ) A person employed jointly by you and any company that is not your affiliate ( but nonaffiliated third partyincludes the other company that jointly employs the person ).
( 2 ) Nonaffiliated third party includes any company that is an affiliate by virtue of your or your affiliate 's direct or indirect ownership or control of the company in conducting merchant banking or investment banking activities of the type described in section 4 ( k ) ( 4 ) ( H ) or insurance company investment activities of the type described in section 4 ( k ) ( 4 ) ( I ) of the Bank Holding Company Act ( 12 U.S.C. 1843 ( k ) ( 4 ) ( H ) and ( I ) ).
( n ) ( 1 ) Nonpublic personal information means : ( i ) Personally identifiable financial information; and ( ii ) Any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived using any personally identifiable financial information that is not publicly available.
Subpart A - Privacy and Opt Out Notices 313.4 Initial privacy notice to consumers required.
( a ) Initial n 15 U.S. Code 6801 - Protection of nonpublic personal information a ) Privacy obligation policy 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 customersnonpublic personal information.
( b ) Financial institutions safeguardsIn furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.
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| 04/23/2023 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Incorrect information on your report
- Information belongs to someone else
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Web |
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my name XXXX XXXX AS OF XX/XX/XXXX I have reached out to XXXX AND XXXX AND EQUIFAX disputes department and I gave them all the identifying information of who I was, including my Social Security number, my address, and answered all security questions that was provided to pass the screening I was told that the fraudulent accounts and fraudulent inquiries would be removed from my consumer reports as of XX/XX/XXXX XXXX still hasnt removed the accounts that are associated with Fraud I sent over countless documents I was told by XXXX that they were doing an investigation. They never showed me the results of that investigation in the procedures in which they took during that investigation to validate or verify anything that Im disputing on my consumer report, they continue to report the fraudulent addresses, these fraudulent addresses they claim are connected to certain accounts again Im not able to receive any correspondence or mail at these addresses. I have sent over a copy of my photo ID, my Social Security card, my birth certificate multiple times AS I HAVE RECENTLY DISPUTED WITH this CREDIT REPORTING AGENCY AS OF XX/XX/XXXX I have sent over a CALIFORNIA STATE Attorney Generals report outlining all of the fraudulent accounts, the fraudulent addresses, the fraudulent inquiries about XXXX XXXX. They persist to report them in violation of the FCRA. They have not done a clear and conspicuous investigation. Also, I have sent a FTC complaint a XXXX complaint about the accounts that are reporting on my consumer profile. They stated in my last complaint here with the CFPB that they removed these accounts. That is not the case in the accounts continue to report fraudulently on my consumer profile Im requesting under the 15 USC 1681B c-2 that information that has been procured from identity theft be blocked completely blocked. 15 USC 1681 ( a ) ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy I demand a deletion of all personal identifiable information from my consumer credit report with the exception of : XXXX. My Full Legal Name : First & Last Name XXXX. My Address : Address, City, State Zip Please delete all other addresses, I can not receive mail or any correspondence nor do I have access to any of these addresses please delete these utdated ddresses and update the address with the one above.also Delete any and all other phone numbers. XXXX demand my social security number and date of birth be removed from being displayed on the credit file for privacy reasons. Delete all information in the employer section. Pursuant to the FAIR CREDIT REPORTING ACT 15 USC 1681 ( a ) ( 4 ), I am a federally protected consumer and I have a right to privacy. Not granting me my rights is in direct violation of 15 USC S1681 and all its subsections all Unauthorized inquiries to my consumer report ; demand for Deletion and {$1000.00} Settlement. yes, these are the associated accounts.15 U.S. Code 1681i - Procedure in case of disputed accuracy ( a ) Reinvestigations XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Account Number XXXX XXXX XXXX DateOpen XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Amount XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX / XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX these are the many addresses that are fraudulently on my consumer reports.XXXXXXXX XXXX XXXX XXXX XXXX XXXX CA, XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX XXXX 15 USC 1692c ( b ) 15 US.. code 1681s-2 Responsibilities offurnishers of information to consumer reporting agencies. 15 U.S. code1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e ), 15 U.S.code 16811- procedure in case of disputed accuracy, 15 U.S. code 1681b - Permissible purposes of consumer report. H.R. 3046 Social Security number privacy and identity Theft Prevention Act of 2007. Section 326 of USA PATRIOT Act. Gramm-leach-Bliley Act To : Whom it may concern at XXXX You are in violation of the Fair Credit Reporting Act ( " FCRA '' ) The purpose is certified in accordance with section 1681b ( f ). XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( XXXX XXXXXXXX. XXXX ). 15 USC 16816 ( c Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 3 ) Information regarding inquiries ; Except as provided in section 1681g ( a ) ( 5 ) This is also a cease and desist of, the fraudulent accounts to being reported I am aware that my SSN belongs to the ( SSA ) Social Security Administration and anything purchased with that identifying number is an obligation of the United States in accordance with 18 U.S.C 8 and being that you ( XXXX CONTINUE TO REPORT FRAUDULENT ACCOUNTS THIS makes you guilty and in violation of the False Claims Act ( FCA ) 31 U.S.C 3729-3733. ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Account Number XXXX XXXX XXXX DateOpen XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Amount XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX / XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX these are the many addresses that are fraudulently on my consumer reportsXXXXXXXX XXXX XXXX XXXX XXXX XXXX CA, XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX XXXX is also in violation of 18 U.S.C 894 for using my consumer report with extortionate means as a way to coerce and swindle me into making payments on alleged debt not owed. I DID NOT AND DO NOT CONSENT these companies XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Account Number XXXX XXXX XXXX DateOpen XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Amount XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX / XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX these are the many addresses that are fraudulently on my consumer reports.XXXX XXXX XXXX XXXX XXXX XXXX CA, XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX XXXX XXXX XXXX XXXX XXXX CA, XXXX XXXX this information to my consumer report XXXX I did not give you authorization or permission to have my personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 1028A. This is a notice to CEASE and DESIST of all illegal activities, including reporting which constitutes collection activities. This is also a NOTICE exercising my rights to prevent the processing of my personal data by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Account Number XXXX XXXX XXXX DateOpen XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Amount XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX / XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX these are the many addresses that are fraudulently on my consumer reportsXXXX XXXX XXXX XXXX XXXX XXXX CA, XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX XXXX XXXX XXXX XXXX XXXX CA, XXXX 15 USC 1692c ( b ) 15 U.S. code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. code 1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e ), 15 U.S. code 1681i- procedure in case of disputed accuracy, H.R . 3046 Social Security number privacy and identity Theft Prevention Act of 2007. Section 326 of USAPATRIOT Act. Gramm-leach-Bliley Act.with this account particularly XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX these are the many addresses that are fraudulently on my consumer reports.XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX hAS been repeatedly warned about these fraudulent accounts that are on my consumer report. You are required to do what I am asking and block these transactions from being reported to my consumer report within 4 days from the date of the receipt of this notice. I look forward to your response. VIOLATION ) ( 15 U.S. Code 1681n - Civil liability for willful noncompliance ( XXXXXXXX XXXX XXXXXXXX acct XXXX XXXX XX/XX/XXXX amount {$400.00} ) -U.S. Code Notes prev | next ( 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}. ( VIOLATIONS ) XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Account Number XXXX XXXX XXXX DateOpen XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Amount XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX / XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX these are the many addresses that are fraudulently on my consumer reportsXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX U.S.C XXXX section XXXX XXXX XXXX XXXX I have the right to privacy. XXXX XXXX XXXX XXXX section XXXX A. Section XXXX : It also states a consumer given reporting agency can not furnish an account without my written instruction. ( VIOLATIONS ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Account Number XXXX XXXX XXXX DateOpen XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Amount XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX / XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX these are the many addresses that are fraudulently on my consumer reports.XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 15 U.S.C 1681 Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt. A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation. A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt ( VIOLATIONS ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX these are the many addresses that are fraudulently on my consumer reports.XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( VIOLATION ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX these are the many addresses that are fraudulently on my consumer reports.XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX U.S. Code 1601 - Congressional findings and declaration of purpose ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. ( VIOLATIONS ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX these are the many addresses that are fraudulently on my consumer reports.XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX any verbal or written consent to report anything on my consumer report. No consent is Identity Theft. A copy of the law is attached with this dispute. You also do not have any permissible purpose to furnish my personal information to any third party. ( VIOLATIONS ) 15 USC 1681b ( Permissible purpose ) of consumer reports ( a ) IN GENERAL Subiect to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written Instructions of the consumer to whom it relates. As a consumer, I am demanding a deletion of all associated accounts here in this complaint person shall not use or obtain a consumer report for any purpose unless ; 1. The consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section. 2. The purpose is certified in accordance with section 1681b ( f ). XXXX XXXX XXXX, XXXX XXXX XXXX XXXX ( XXXX. XXXX. XXXX ). 15 USC S 16816 ( c Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 3 ) Information regarding ( collection ) Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any_person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer ( VIOLATION ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX these are the many addresses that are fraudulently on my consumer reports.XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Reinvestigations of disputed information ( 1 ) Reinvestigation required ( A ) In general Subject to subsection ( f ) and except as provided in subsection ( g ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the XXXX day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. ( VIOLATIONS ) - XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX these are the many addresses that are fraudulently on my consumer reportsXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 15USC 1681a ( 2 ) ( I ) 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 ; this is a violation by COMMITED BY XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX these are the many addresses that are fraudulently on my consumer reports.XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( 15 USC 1681 ( 3 ) ( e ) 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 ). A copy of the consumer credit contract is not sufficient to validate the debt. Validation requires presentment of the account and general ledger statement signed and dated by the party responsible for maintaining the account. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ). UCC 9-201 ~ Request for accounting XXXX XXXX XXXX XXXX XXXXXXXX says you are entitled to the original which can never be produced because it was destroyed when the federal reserve bought your application for credit. XXXX is also in multiple violations and egregious acts in a grotesque, mismanagement and handling of identity sensitive personal information and data. 15 USC 1692c ( b ) ( 15 U.S. code 1681s-2 ) Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. code 1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e ) XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX these are the many addresses that are fraudulently on my consumer reports.XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
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- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Improper use of your report
- Reporting company used your report improperly
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As you will see and read and have evidence of, The collection accounts furnished by XXXX XXXX XXXX were unlawful and I have demanded you remove these from my credit file.
But Thank you for reviewing my complaints I am submitting to you today. As you will see, it has been a long and exhausting year for me dealing with this company called XXXX XXXX XXXX, a local collections agency/debt collector located here in XXXXXXXX XXXX XXXX XXXX
I attest that the information that I am about to share with you is true, accurate, and I have records and evidence to support these complaints I am about to share with you.
I feel confident that upon your reviewing of these complaints, you will agree with me that this collections agency, XXXX XXXX XXXX, operates in a rogue manner, is deceptive in its collections activities, and lawless as the record will show that both XXXX XXXX laws were broken by the XXXX XXXX XXXX and Federal laws as well.
The actions of XXXX XXXX XXXX, collection agency licensed by the state of North Carolina, has conducted themselves way and above that of acceptable behavior and I truly feel I am not the only one that has gone through the nightmare over the past year as XXXX XXXX XXXX is very known in the community for being that as I described them above by many others that have had the pleasure of dealing with them at some point as well.
I am going to approximate numbers at some points in my complaints but you will see that the gross misconduct is established early on but I would like a forensic review of the documents that I have to get actual numbers, if you need those, but I will attest to this, the complaint content that I provide to you is indisputable and I could only XXXX how XXXX XXXX XXXX is going to respond to all of these complaints other than I, XXXX XXXX, are absolutely correct.
It would not be a surprise to me if they perjure themselves as they have when they falsified their responses over XXXX times to disputes that I filed with the XXXX XXXX XXXX XXXX and of course over XXXX times to the XXXX credit bureaus ; XXXX, Equifax, and XXXX in their responses to disputes that I filed with the credit bureaus ranging from requests of validation of the XXXX aging medical debts that XXXX XXXX XXXX had been reporting to the credit bureaus and other misconduct such as reporting junk data to my credit files.
XXXX XXXX XXXX, in my opinion, used the method of parking with regards to XXXX collection accounts they apparently procured from another company called XXXX, XXXX XXXX as indicated on my credit files " even today. It clearly lists XXXX XXXX XXXX As an original creditor, therefore I followed the proper steps and began disputing these XXXX collection accounts that were being reported and data was being furnished to the XXXX credit bureaus directly by XXXX XXXX XXXX XXXX
On or about XX/XX/XXXX, I received my first response to my complaints/disputes of these XXXX accounts from XXXX ; It is fair to say that at the same time that I filed disputes with XXXX that XXXX Equifax and XXXX were informed but I do not have access to that far back with those XXXX credit reporting agencies but I can get that information if needed.
For the sake of ease, its fair to say I began disputing with the credit bureaus toward the end of XXXX of XXXX and clearly before the end of XX/XX/XXXX, XXXX XXXX XXXX were alerted to and they began their responses to my disputes via the dispute process with the XXXX credit bureaus and during those disputes, communication had established even though indirectly with the credit bureaus, but I followed procedure and in doing so my rights were violated multiple times and a spiral of blatant misconduct and disregard to the laws of XXXX and the XXXX Government began by the collection agency XXXX XXXX XXXX.
According to report number XXXX dated XX/XX/XXXX, XXXX dated XX/XX/XXXX, and XXXX all from XXXX, shows XXXX that at least XXXX separate times prior to XX/XX/XXXX, XXXX XXXX XXXX XXXX XXXX XXXX with at least XXXX disputes and instead of following the laws and automatically forwarding information to my home, or me however they chose to do so, but they did not follow the laws when they very well knew that after contact with a consumer especially during a direct dispute process with all three credit bureaus, can not deny that they were aware of my formal disputes because across XXXX credit reporting agencies, XXXX reports in XXXX, that is XXXX times that they were being notified that I was disturbing these XXXX again debts and took no action.
It is indisputable that XXXX XXXX XXXX " parked those XXXX aging collections accounts on my credit files until I learned of them. According to the Federal Trade Commision, this method of parking collections on consumers credit files is better explained by an article published by the FTC.
Just what is debt parking?
Its the practice of placing purported debts on consumers credit reports without first attempting to communicate with the consumer about the debt. Some call it passive debt collection, but theres nothing passive about the injury it can inflict. Consumers often dont learn about it until a mortgage company, prospective employer, or other decision maker pulls their credit report and spots what appears to be an unpaid debt. With a house, car, or job in the balance, many people feel pressured to pay up even though they XXXX not actually owe the money.
Source XXXX XXXX XXXX XXXX The record will show that in over XXXX complaints that I filed over several months disputing these XXXX aging medical debts with XXXX credit bureaus, not XXXX time did XXXX XXXX XXXX ever XXXX stop and send to me anything in the mail nor did they contact me in anyway whatsoever to provide to me that information that are required by law to provide to me prior to collections activities against me especially reporting derogatory data to the credit bureaus against me in this case its been approximately XXXX days ago that XXXX XXXX XXXX XXXX XXXX derogatory information regarding XXXX medical debts for {$1000.00} and {$85.00}.
XXXX XXXX, XXXX XXXX and XXXX XXXX days ago, XX/XX/XXXX, is when XXXX XXXX XXXX, a local collection agency began reporting derogatory medical debts to the XXXX credit bureaus thus causing damages to my credit score for many years without my knowledge.
Once I learned of these XXXX medical debt collections on my credit files, I followed protocol and began disputing these XXXX medical debts only to be ignored by the XXXX credit bureaus when all they did in each and every complaint since then and I would XXXX its close to XXXX XXXX complaints, agreed with XXXX XXXX XXXX each and every time and would always simply say something to the tune of XXXX XXXX XXXX has validated the XXXX accounts and would do nothing.
Those XXXX collections remain on my credit reports today even after I have filed over XXXX plus complaints with the XXXX credit bureaus, and close to XXXX complaints with the XXXX XXXX XXXX XXXX where in over XXXX of those complaints filed with the XXXX XXXX XXXX XXXX, a U.S. government website let me remind you, XXXX XXXX XXXX blatantly falsified their responses to my complaints in efforts to conceal that they have never validated these accounts properly but mostly to conceal the complaint that I filed against XXXX XXXX XXXX for mailing me an unlawful letter in the mail dated XX/XX/XXXX, XXXX that contained content that was unlawful, confirming that that letter was the ABSOLUTE FIRST TIME EVER IN HISTORY OVER THE PAST XXXX YEARS THAT XXXX XXXX XXXX EVER PROVIDED TO ME ANYTHING IN THE MOST MISERABLE ATTEMPT TO VALIDATE THESE XXXX DEBTS!
The record shows that NEVER in the history of XXXX years of XXXX XXXX XXXX reporting XXXX medical debts on my credit files did they ever provide to me anything even after over XXXX plus complaints. The record will show that XXXX XXXX XXXX ONLY THEN provided me with their miserable attempt of validation of these XXXX debts only after I finally submitted a complaint to the XXXX. The XXXX XXXX XXXX XXXX did finally mail to me an envelope that contained unlawful data and possibly unlawful PHI disclosed to them by the original creditor, XXXX XXXX XXXX
I was absolutely shocked.
The record will show that XXXX XXXX XXXX never provided to, offered to, mailed to me, contacted me, or had the original creditor, XXXX, XXXX XXXX, ever send to me a letter of validation if you want to call it that, but XXXX years later is ridiculous and unlawful because they were to send me a letter of notification XXXX days after our first point of communications and that was in XX/XX/XXXX when I filed XXXX different disputes against XXXX XXXX XXXX therefore they were aware that I had disputed these accounts formally and did not follow the law and immediately send to me the information that I was requesting.
XXXX XXXX XXXX did not provide to me any copies, historical copies, historical letters of notification, copies of anything that they could have sent to me since XX/XX/XXXX, not did they even mention them in over XXXX complaints to the XXXX credit bureaus, which in combination that is XXXX complaints, XXXX to Equifax, XXXX to XXXX, XXXX XXXX XXXX Not one time did they make an attempt to mitigate their actions. Not one time did they provide anything and in their own words in the letter dated XX/XX/XXXX when they said They contacted their client .....
XXXX XXXX XXXX violated the law when they did not provide to me any notification of XXXX debts back in XX/XX/XXXX even though XXXX plus complaints with the XXXX credit bureaus and close to XXXX complaints with the XXXX. XXXX XXXX XXXX, did they ever mention to the fact that they followed the law, never attempted to produce any evidence of following laws stemming back to XX/XX/XXXX, and did not take any action in XX/XX/XXXX when they were formally notified that I was disputing these XXXX debts and thus far has never once provided to me the proper notification or validation of these XXXX aging debts theyve been reporting, until they finally did when they mailed to me dated XX/XX/XXXX, a letter that contained unlawful content because they threatened me with laws that do not exist, ridiculed me and characterized me as a furious disputer, threatened me with laws that DO NOT EXIST, told me to BE AWARE that those XXXX debts have already been reported to the credit bureaus. Breaking the law again!
XXXX XXXX XXXX, as you will see in the attachments, only sent to me finally XXXX years later and after XXXX plus state and federal disputes, sent me their miserable attempt to validate these XXXX debts only XXXX days ago. What XXXX XXXX XXXX did 126 days ago they were supposed to do approxim ley XXXX days ago ( XXXX years ago, XX/XX/XXXX ).
The letter sent to me dated XX/XX/XXXX also has a statement from XXXX, XXXX XXXX that possibly contains unlawful PHI. That statement shows again from XXXX, XXXX XXXX, they did not provide any copy of any former notification letters or any copies of anything ever sent to me by anyone as they were both dated XXXX XXXX and XX/XX/XXXX, respectively, and show that both XXXX XXXX XXXX have essentially both conspired to Park these collections and I am in fear that this same practice is not being done with other people knowing that XXXX XXXX XXXX has XXXX of thousands possibly, medical collection they are collection given to them by XXXX XXXX XXXX
I believe the reason is that XXXX XXXX XXXX distributes collections to XXXX XXXX XXXX is the fact that XXXX XXXX was charged by the XXXX XXXX XXXX XXXX several years with the False Claims Act where they defrauded XXXX, XXXX, XXXX XXXX XXXX. Although they worked it out, XXXX XXXX, paid back over {$600000.00} dollars ; But they werent guilty XXXX There is an air of criminal behavior here amongst both XXXX XXXX XXXX and XXXX XXXX XXXX After XXXX complaints to the XXXX credit bureaus ( XXXX in combination of all three bureaus, and close to XXXX complaints filed with the United States XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and provided fictitious information that they attested to in their responses to the very complaints that I have been disputing and complaining for years.
Even today, XXXX XXXX XXXX is still reporting these XXXX medical debts on my credit report even though they have violated state and federal laws, and in their deceptive responses to close to XXXX complaints with the United States XXXX XXXX XXXX, i suppose they aren't scared to lie to anyone ; XXXX if I would lie to a U.S. Government website because each time they lied is a federal charge I have confirmed that.
Their deceptive responses time and time again, validating with the XXXX credit bureaus makes me sick because for the very fact that I have been requesting, disputing, in in combination XXXX times all in all, XXXX XXXX XXXX somehow being deceptive provided something to the XXXX credit bureaus to validate these accounts time and time again in every dispute but never provided anything to me until the unlawful letter.
XXXX XXXX XXXX continues to furnish XXXX XXXX to the credit bureaus. Right now as we speak, after all the violations, XXXX XXXX XXXX, acting like lone wolves, continues to blatantly violate the laws when in their attempt to maliciously destroy me financially and have damaged my credit score unlawfully for years that is proven on record ; Continue as we speak today violating my rights and have refused to mitigate or have some compassion for the damages they have caused me over the past year or fighting to keep my credit file clean when I have over XXXX plus accounts with not a late payment for XXXX years is my oldest account.
I pay my bills. And if XXXX XXXX XXXX or XXXX XXXX XXXXXXXX would have given me a bill and I would have paid it. The record shows that NO BILL was ever sent to me and when they did miserably attempt to provide something since I complained to the feds, you see what I got in the attached letters.
Junk Data is still being reported unlawfully against me on my credit files. XXXX XXXX XXXX has violated the law and my rights again.
The federal government has warned credit agencies from reporting junk data to consumers ' credit files. When consumer reporting companies include inconsistent or conflicting account information or information that does not make sense or can not be true, consumers can suffer real-world consequences. Junk data in reports can lead to consumers being denied credit, housing, or employment, or paying more for credit. Junk data can take many forms, but some examples are credit reports that reflect a child having a mortgage, or a credit report that reflects a debt incurred years before the persons birth.
Financial data has reported junk data to the credit bureaus and it is illegal and deceptive trade practices. They are posting this to the credit bureaus : Seriously past due date ( XXXX ) assigned to attorney ( XXXX ) collection agency ( XXXX ) or credit grantor 's internal collection department Lets break this down so you get the drift. This is another ploy of their deceptive behavior to junk up my credit files with junk data. This is unlawful and deceptive : XXXX. Serious past due is already established in the account type and payment summary, this is unfair and unfair is a violation of the fake fair credit reporting act.
XXXX. It is not assigned to an attorney- I have never received any correspondence or XXXX XXXX XXXX have systematically lied and this is deceptive and unfair which is a violation of The fair credit act.
XXXX. This is deceptive and Unfair as the company itself is not the original creditor and XXXX XXXX XXXX is a bonafide collection debt collector, and procured these debts to collect in the same function any collection agency collections debts procured by the original creditor, they are the collection agency and this is deceptive and unlawful.
XXXX. This is deceptive and Unfair as the company itself is not the original creditor and XXXX XXXX XXXX is a bonafide collection debt collector, and to furnish data that this is an in-house collection department action is unlawful, deceptive, and not fair. These debts were procured from the original debtor for the purpose of collecting these debts in their normal day operations as they perform services as a collection agency for the sole purpose to collecting debts from third parties whom they procure debts. XXXX XXXX XXXX is a separate company that the original creditor and are exclusively in the business for collecting third party debts and this is not a bill that was created or owed to XXXX XXXX XXXX at any time until they procured these XXXX debts to perform the service they were contacted to do and thats collections of aging debts derived from other businesses, to collect in the same function any collection agency collections debts procured by the original creditor, they are the collection agency and this is deceptive and unlawful. Under section XXXX ( b ) of the Fair Credit Reporting Act, consumer reporting companies must follow reasonable procedures to assure maximum possible accuracy of the information they collect and report. The advisory opinion is intended to serve as a reminder to consumer reporting agencies that the failure to maintain reasonable procedures to screen for and eliminate logical inconsistencies, to prevent the inclusion of facially false data in consumer reports, is a violation of [ section XXXX ( b ) ]. The opinion states that a consumer reporting agencys policies and procedures should be sufficient to detect tradelines with account statuses or codes that are plainly inconsistent with other information reported for that same account such that, if included in a consumer report, at least XXXX item of information therein would necessarily be inaccurate. The opinion provides the following examples of logically inconsistent account information or statuses : An account whose status is paid in full, and thus has no balance due but nevertheless reflects a balance due ; An account that reflects an XXXX XXXX XXXX that increases over time, an impossibility by definition ; and Derogatory information being reported on an account, although that derogatory information predates an earlier report that did not include the derogatory information. The opinion further states that a consumer reporting agencys policies and procedures should further identify and prevent illogical reporting of a Date of First Delinquency in connection with an account and provides examples of an illogical Date of First Delinquency. The opinion also addresses the need for a consumer reporting agencys policies and procedures to identify logical inconsistencies in consumer information such that, if included in a consumer report, some of the information therein would necessarily be inaccurate. Such inconsistencies include impossible information about consumers and information about consumer accounts that is plainly inconsistent with other reported information, such that XXXX piece of information must be inaccurate. The opinion advises that consumer reporting companys policies, procedures and internal controls should further identify and prevent reporting of illegitimate credit transactions for a minor. It states that minors generally can not legally enter into contracts for credit except in limited circumstances, including applications for student loans, for emancipated minors, or as credit card authorized users. The CFPB notes that minors, particularly minors in the foster care system, are more susceptible to identity theft and inaccurate credit history information.
Attached to this complaint is a PDF that covers the unlawful letter sent to me from XXXX XXXX XXXX and I tried to analyze it with assistance and I feel it is just.
Please help me stop this nightmare of events I have been subjected to since XX/XX/XXXX.
I truly feel that a review should be taken regarding the behavior and activities of XXXX XXXX XXXX and the record will show that I will prevail in proving deceptive trade practices and unlawful behavior beyond any series of complaints that you have received against a North Carolina collection agency and ask that you seek a temporary restraining order against XXXX XXXX XXXX from providing collections services at least in their dealings with XXXX XXXX XXXX so you can protect the rights of other consumers that have fallen under the cloud of lawlessness of XXXX XXXX XXXX and take into consideration their blatant disregard to N.C.State laws and XXXX Federal laws, please stop them from performing collection activities until you are able to secure accountability and complete an audit of alleged unlawful conduct.
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| 04/21/2021 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Problem with a credit reporting company's investigation into an existing problem
- Their investigation did not fix an error on your report
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Web |
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Alleged Derogatory late payment deficient of REQUIRED PROOF OF ADEQUATE FEDERAL REPORTING COMPLIANCE, such as Metro 2 and theFCRA standards of reporting are certainly unlawful, unethical and undoubtedly in clear infringement of my consumer and/or civil rights, making you liable upon my taking this matter to a civil court in my area for proper and ethical resolutions and awards of at least $ 1000+ per still unproven, untrue, inaccurate, untimely, incomplete, or else wise not compliant item reported that is hereby now being challenged in writ composition. Legally a consumer complaint notice in demand for a check for compliance and further irrefutable evidence to such claim ; THIS IS MY OFFICIAL WRITTEN COMPLAINT!
Per Federal and my states reporting laws, you MUST AFFIRM and CONFIRM any and ALL allegations of claims yet still unproven. Lawfully certificate physically the creditor classification codes, the exact and complete sequenced and METRO 2 data formatted 426 character P-6 statements as well as all of the applicable and requisite trailing fragments, the minimally mandated five ( 5 ) portioned personal identifiers, every and one of the alpha -/ numeric-/and or the alphanumeric source codes that detail the left sidedness and or right sidedness of any and all precisely ordered recorded account descriptions, all aspects exactly and fully related to the sequenced 386 pieces of confirmation to collect ( -tions ), each calendar date recorded, every alleged balance including the tallied total and invoices from which they were derived, the documented legal and current color photographed identities, the attested addresses, the non transported and true marks of execution from one and only and exactly identified me upon an acknowledge of debt alleged or even conditions related, as well as every single one even each and any or all requisite state and federal laws applicable, whether known or not, regardless if mentioned or not. YOU ARE NOT AUTHORIZED TO RETAIN AND OR EVEN REPORT SUBTERFUGE PARTICULARLY IF IT IS POTENTIALLY ENABLING OF FRAUD AND OR IDENTITY THEFT SUCH AS THIS INJURIOUS MISREPORTING OF MISINFORMATION MIGHT VERY WELL APPEAR TO BE. DELETE NOW TO ANNUL THIS UNJUST ACCUSATION AND TO RETURN TO COMPLETE COMPLIANCE TO FEDERAL REPORTING LAWS AS IS OBLIGATED OF YOU I DEMAND, lawfully mind you, that you very ATTENTIVELY REVIEW my formal writ composed DECLARATION of Not Proven Compliant Misinformation that is all or in part : DEFICIENT of adequate current status in fullness of TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, documented OWNERSHIP, certifiable RESPONSIBILITY, or otherwise irrefutable compliant obligatory and regulatory requisite compliant reporting thereby mandating your immediate actions to rectify and remedy and any all infraction-ious behavior ( s ) by retaining or returning to DEMONSTRATED TRUE, CORRECT, COMPLETE, and COMPLIANT METRO 2 data field formatted reporting! To be clear, you are mandated by laws to eliminate every notation and or aspect of any and all derogatory and adversary items from any and all alleged claims still yet unproven to be true, correct, complete, timely, documented as being mine, testimonial to be of my responsibility, with FCRA compliance, and or CRSA CDIA Metro 2 COMPLIANT reporting.FEDERAL laws dictate that any and all derogatory or potentially injurious reporting MUST be all of the aforementioned and can NOT BE ASSUMED without undoubted CERTIFIABLE testimonial of FACTs ensuring the physically verifiability of the CONFIRMED manual validation of any item upon a consumer complaint, such as is this notice here and now.Please RETURN to or retain federally lawful reporting with your unwavering and unconditional annulment of every single one even each and or all of the allegations accused of me deficient of physical evidence to every and all aspects of said claims, be them true or not. I as of late received a duplicate of my credit report from your consumer credit reporting agency -- WHICH BY THE WAY is self proclaimed as being not only ACCURATE and COMPLETE but also METRO 2 COMPLIANT in the verification of your consumer credit reporting as DETAILED in the DESCRIPTION of e-OSCAR ( your web based automated verification process ). YOUR EXACT e-OSCAR definition ( per XXXX XXXX XXXX ) is that e-OSCAR is a web-based, Metro 2 compliant, automated system that enables Data Furnishers ( DFs ), and Credit Reporting Agencies ( CRAs ) to create and respond to consumer credit history disputes. CRAs include Equifax, XXXX, XXXX and XXXX, their affiliates or Independent Credit Bureaus and Mortgage Reporting Companies. e-OSCAR also provides for DFs to send " out-of- cycle '' credit history updates to CRAs. The system primarily supports Automated Credit Dispute Verification ( ACDV ) and Automated Universal Dataform ( AUD ) processing as well as a number of related processes that handle registration, subscriber code management and reporting.
ACDVs initiated by a CRA on behalf of a consumer are routed to the appropriate Data Furnisher based on the CRA and subscriber code affiliations indicated by the DF. The ACDV is returned to the initiating CRA with updated information ( if any ) relating to the consumer 's credit history. If an account is modified or deleted, carbon copies are sent to each CRA with whom the DF has a reporting relationship. AUDs are initiated by the DF to process out-of-cycle credit history updates. The system is used to create the AUD and route it to the appropriate CRA ( s ) based on subscriber codes specified by the DF in the AUD record. The e-OSCAR AUD process is intended to provide the CRA with a correction to a consumer 's file that must be handled outside of the regular activity reporting cycle process. e- OSCAR may not be used to add or create a record on a consumer 's file or as substitute for " in-cycle '' reporting to the CRAs. Within the report I saw that there were late installments noted in the record history.Since I am somehow very defective in the matter as to the How, WHEN, and WHY these late segments are notations within my credit report which is otherwise remarkable in creditworthiness! Puzzled, I am enacting my rights to COMPEL you, as REQUIRED, to MANDATE the alleged data providers of these following notated UNPROVEN derogatory suggestions of late payments to surrender to you and you to me an evaluated proclamation of my record throughout the previous 2 years demonstrating when the due date of the record was and when the installment was handled. Furthermore, please require the accusing data provider to present their most upgraded Terms of Service Agreement that outlines payment reconciliation. As I am POSITIVE you are aware, as a injured consumer, UNJUSTLY MIND YOU, I am lawfully within my consumer and civil rights to ask for any and all of the above and below DEMANDS under the terms of the Fair Credit Billing Act of XX/XX/XXXX ( FCBA ) As the OFFICIAL notice of my official writ composed DECLARATION of Not Proven Compliant Misinformation that is either or all of the following, YOU MUST ANNUL by REMOVAL of any DEROGATORY and or ADVERSE and yet UNPROVEN claims be it an account or an aspect of that account.PLEASE as you MUST, delete the foul mis reportings and display any and all of my accounts as being PAID/PAYS as AGREED, NEVER LATE and as nothing else : ALLEGED CREDITOR/ DATA FURNISHER and ALLEGED ACCOUNT # 1 XXXX/XXXX - Missed Payments XX/XX/XXXX & XX/XX/XXXX XXXX and XXXX already removed this account for violations against the Fair Credit Reporting Act.
NOTATION : Per CRSA enacted, CDIA implemented laws, any and all reporting must be deleted if not Proven CERTIFIABLY fully true, correct, complete, timely, of known ownership and responsibility but also fully Metro 2 compliant.Provider Claims Late Payment yet has NOT PROVEN even the compliance of its reporting much less any aspect of determined truth of facts else wise required by obligatory regulations. As such, I demand evidence of Metro 2 compliant reporting, true and accurate and complete reporting of what is likely an allegation unfounded as it is DEFICIENT of adequate current status in fullness of TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, documented OWNERSHIP, certifiable RESPONSIBILITY, or otherwise irrefutable compliant obligatory and regulatory requisite compliant reporting thereby mandating your immediate actions to rectify and remedy and any all infraction-ious behavior ( s ) by retaining or returning to DEMONSTRATED TRUE, CORRECT, COMPLETE, and COMPLIANT METRO 2 data field formatted reporting! PLEASE ERADICATE any and all derogatory aspects of reporting and at a minimum rectify the derelict reporting with the adequate statement of PAID/PAYS AS AGREED, NEVER LATE. Unless you can document this NOT to be CORRECT and determine factually and in entirety that every aspect of current reporting is lawfully compliant, you MUST satisfy my demands!
Any information that is NOT PHYSICALLY PROVEN to be COMPLIANT to every and one even each any and or all of the client 's State 's and or the federal reporting laws MUST be returned to compliance even should that requisite annulment of item 's reporting. No entity is with authority to retain or report any allegations not DEMONSTRATED by certificate of FACT to be fully TRUE, CORRECT, COMPLETE, Timely, or a determined OWNERSHIP, and or of a determined RESPONSIBILITY and the presentation of the informational evidence MUST BE IRREFUTABLE to be so.
Injury causing subterfuge is unlawful to retain. You are not Authorized to report or even once alleged adverse remark unproven upon a requested compliance check. You must Annul in brief, even right now and right here, by complete and PERMANENT DELETION any or even one not irrefutable allegation ( s ) deficient of physical composed writ certificate ( s ) in testimony of the exact and full truth, correctness, timeliness, completeness, ownership, responsibility, and or documented evidence of precise and willfulness to comply with every single one even any and or all of the requisite mandates/statutes/acts/obligations/and or laws related and pertinent to legal reporting of any information, known or not. Attest now to the metro-2 required truth, accuracy, fullness, timeliness, ownership, responsibility and or compliance ( s ) otherwise, whether mentioned or not. Ignorance of obligations to compliant reporting is NOT lawful exoneration of your responsibility to 100 % accurate, true, and metro-2 compliant data formatted reporting regulations of which you are obligated. Federal laws allow me to compel you to retain and or return adequate accountability. Failure or unwillingness to do so might be remedied and rectified in my favor per monetary compensation for your infringements of my civil and or consumer rights and violations of the laws required of you. Right now demonstrate to me any and all applicable metro-2 reporting mandates including but not limited to every date and balance, each calculation and audit, the invoices and documented current identities, every notation not to forget the five ( 5 ) portioned personal identifiers, 426 character P-6 statements, alpha/numeric/ and or alphanumeric source codes, every applicable creditor classification code ( s ), the 3 applicable and precise sequenced 386 pieces of confirmation to collect ( -ions ) or any obligation else-wise. Return or Retain federally required compliance with your immediate and dull eradication of any and one of the adverse and or derogatory claims or any aspects of. Prove compliance or delete ASAP!!! Let this notice of my official writ composed DECLARATION of Not Proven Compliant Misinformation that is either or all of the following : DEFICIENT of adequate current status in fullness of TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, documented OWNERSHIP, certifiable RESPONSIBILITY, or otherwise irrefutable compliant obligatory and regulatory requisite compliant reporting thereby mandating your immediate actions to rectify and remedy and any all infraction-ious behavior ( s ) by retaining or returning to DEMONSTRATED TRUE, CORRECT, COMPLETE, and COMPLIANT METRO 2 data field formatted reporting! Please provide me with all of the information you used for your investigation, as required by FCRA 611 ( a ) ( 7 ) .Please reply within 10 days or delete the negative items, as originally requested. If you FAIL to respond to this demand and tort notification, your firm will be added to the pending action as complicit in this data breach of my personal information.
1. Tell me in writing what information you refuse to remove and why.
2. Tell me in writing what you did to determine that the information was accurate.
3. Note the information as disputed BY the CONSUMER on my credit report According to the Fair Credit Reporting Act, Section 609 ( a ) ( 1 ) ( A ), you are required by federal law to verify - through the physical verification of the original signed consumer contract - any and all accounts you post on a credit report. Otherwise, anyone paying for your reporting services could fax, mail or email in even a potentially fraudulent account.
According to the provisions of the Fair Credit Reporting Act 611 ( a ) [ 15 USC 1681i ( a ) ], these disputed items must be reinvestigated or deleted from my credit record within 30 days. During the investigation period, these items must be removed from my credit report as the mere reporting of items prior to debt validation constitutes collection activity. I am also requesting the names, addresses and telephone numbers of individuals you contacted during your investigation.
Please notify me that the above items have been deleted pursuant to 611 ( a ) ( 6 ) [ 15 USC 1681j ( a ) ( 6 ) ]. I am also requesting an updated copy of my credit report, which should be sent to the address listed below. According to the provisions of 612 [ 15 USC 1681j ], there should be no charge for this report. If you have any questions or need additional information, please contact me at the address noted below. I think 15-20 Days should be ample enough time to get this completed since this is my NOT my first time contacting your organization.
Further, CONFIRM the five key components of our individual identities in case this data breach becomes yet another case potentially leading to my inclusion as a victim of fraud and or of identity theft due to YOUR DEFICIENT and NOT PROVEN COMPLIANT RETAINING and or REPORTING of consumer records, particularly that of personal identifiers. Therefore, I must request that your bureau confirm in writing the following personal information : 1- FULL LEGAL NAME as it Appears on my Credit report 2- Legal Address of Record 3- SSN # ( or redacted last 4 digits ) 4- Date of Birth 5- Zip Code for my Home Address The CRSA enacted CDIA Metro 2 compliant reporting format REQUIRES the precise and exact fully complete 426-character P-Segment or Trailing Segment that is to include the minimally five portioned PERSONAL IDENTIFIERS to which databasing of alleged trade-line information occurs.Per CRSA, auto-populating ANY data field input entry and or application of Slash Entries ( such as 11111 or 00000, etc ) into the Metro 2 system is automatic call for deletion due to any and all repeating entry as NULL and VOID. Moreover, the regulatory obligation dictates that any and all data furnishers MUST include an attached TRAILING SEGMENT that absolutely accurately and completely includes ALL of the account of allegation ( s ) specifics! Must be performed in a REAL-TIME browser LOCKDOWN to be lawful.Per CRSA implementation, if a data furnisher fails to respond within 20 calendar days, e-Oscar is to terminate challenge in favor of consumers and or auto-escalate any and all consumer complaints to a certified Metro 2 compliance trained SPECIALIST. Being Phase III of the Implementation of the CRSA, SMART auto-responders are not compliant and unlawful if used by furnishers or accepted by CRAa.Federal laws mandate MANUAL ENTRY for any and all consumer 's FULL P-Segment PREVIOUS coding for a RESPONSE, please certificate in testimonial fact to this occurring. Submit/re-submit shuffling to populate the metro 2 data fields are illegal. Responsible, Lawful, ethical, and compliant consumer credit reporting is the REQUISITE technical accuracy in EVERY single item retained and or reported to or by any consumer credit reporting agency. Metro 2 compliance requires exacting P-segment, to include the minimal five ( 5 ) portion personal identifiers as well as a PRECISELY and COMPLETELY FULL account trailing segment.Per the CRSA, any and all CRA in-sourced DISPUTE Specialist MUST BE Metro 2 Compliance Data Entry Evaluation CERTIFIED. Further, this qualifying certification can be REVOLVED by CONSUMER COMPLAINTS per the NYAG Signing Statement.I repeat, to lawfully retain and or report any claim of information, be it an account or any aspect of such, the must be irrefutable fullness in the truth of reporting, correctness of reporting, COMPLETENESS of reporting, TIMELINESS of reporting and of the reported allegations, undoubtable ownership, irrefutable responsibility of adverse claims, and or adequate and complete INFORMATIONAL COMPLIANCE to the CRSA enacted CDIA Metro 2 data field formatted reporting regulatory standards and obligations to include the 81-month time relevance of account reported/ how reported/when reported, PRESENT and RELEVANT PERSONAL IDENTIFIERS.Further lawful reporting demands that the regulatory compliance rules are applied EVENLY and thoroughly from data provider to consumer credit reporting repository.Accuracy and completeness of all of any and all information, particularly derogatory consumer information, must abide by every and one of current MY states reporting regulations as well as those of federal laws, even the CDIA METRO 2 COMPLIANCE standards due to the implementation of the Credit Reporting Settlement Agreement ( CRSA. ) Is the Personal Identifier information alleged in the reported 426-character P-SEGMENT true, correct, and complete to standards of CERTIFIED METRO 2 COMPLIANCE?
Please demonstrate adequate proof of precisely true, accurate, and applicable VALIDATION of the claimed reported CREDITOR CLASSIFICATION CODES, or eradicate every single one and each any and all of the adversary derogatory accusations injuring me immediately, TODAY even NOW and HERE!
Please verify and validate physically each and every claim of this alleged yet unproven to be my responsibility or fault. Please demonstrate readily and timely the precise confirming facts of the alleged account including every single one even each and or all of its article aspects by federal laws. You must willfully and promptly DELETE TODAY even right now the deficient reporting or else present to me true documented certificated proof of all data, every notation, date, balance, calculation, audit, personal identifiers, each of the requisite 426-characters of the exact and fully compliant P6 statement, any alpha/numeric and or alphanumeric source4 code deciding the leftness or rightness states, and even every aspect of the mandated 386 pieces of confirmation to collection.
This series of misreporting seems to me clearly involves a universal and complete failure by your firm to obtain, retain, maintain, and utilize adequate and lawful regulatory compliant and reasonable procedures to assure maximum possible accuracy of consumer credit information as described in at least 15 U.S.C. 1681. There is little doubt that you have no evidence that this clearly does belong to me, is exactly true, fully complete, within a timely definition per federal standards and has been erroneously placed onto my credit report. The items of problematic accusations that I believe to be incorrect to its proper reporting and allowance of reporting per my state and federal laws are detailed both above and below.
Your failure to demonstrate the REQUIRED presentation of composed PROOF as demanded in this declaration would compel me to consult my consumer complaint lawfully to the members of the NCRWG as undoubtedly reporting not only must be true, timely, and accurate but also in its COMPLETENESS of DATA ENTRY presented to any entity INCLUDING all consumer reporting repositories.
By the provisions of the Fair Credit Reporting Act and per the standards of reporting compliance implemented with the CRSA enacted CDIA Metro 2 COMPLIANCE regulations, I demand that these above mentioned derogatory items be investigated and permanently removed from my report.
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| 09/26/2022 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Problem with a credit reporting company's investigation into an existing problem
- Difficulty submitting a dispute or getting information about a dispute over the phone
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Web |
Older American |
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RE : Serious Organized Criminal Acts, Violations of Federal Laws, XXXX Discrimnatory & maliciously took my more than XXXX time asset.
XXXX bank has corrupted, criminally keep trying to destroy me and my family for past XXXX.
XXXX. I have been receiving repeated so many new threats, rude, harrassing, false claim collections phone calls already paid amounts during the Bankruptcy caused by XXXX Bank ( TCF ), which never claimed it before by the XXXX Bank. It is a violation of the Laws of the U.S. Federal Bankruptcy Court, Federal Banking Law, and committing serious crimes. No one is ever responding or answering any of my phone calls. XXXX bank has never sent correct statements, or bills.
A. My Line of Credit account statement suddenly showing total amount is {$17000.00} and {$44000.00}.
a. My credit line of line of credit has been {$30000.00} for 15 years. I have never late or missed any single payment for the past 15 years.
b. I have never asked XXXX bank to increase the credit line, nor XXXX bank asked me increase {$10000.00} credit line especially during the bankruptcy criminally, illegally created and caused by XXXX Bank.
c. I have been paying all the property taxes, insurances and other for the past XXXX on my properties.
d. I have never asked XXXX bank {$10000.00} nor XXXX bank offered me {$10000.00} during the bankruptcy. As you can see XXXX bank has been trying to take more money from me illegally, harassing, making me miserable, and destroy me for XXXX to cover up the malicious, illegally, criminally, falsely, and corrupted taking my {$3.00} XXXX properties and repeated XXXX discrimnatory serious crimes. XXXX bank never gave me {$10000.00}, or cant claim {$10000.00} during the bankruptcy.
XXXX XXXX bank suddenly set up escrow account criminally and asking me to pay the payments for my line of credit account of {$30000.00}. Past XXXX, I have never paid any escrow account payment. There was no escrow account from the beginning. Setting up any escrow account without asking me of my line of credit account.
XXXX XXXX Bank never paid any insurance of property taxes especially criminally caused and created by XXXX Bank.
g. I have been paying all the insurance and taxes by myself all the time for the past 38 years.
h. I spoke to managers and bankers of local XXXX Bank XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, Ohio, XXXX at XXXX XXXX and many other times. Managers have been repeatedly telling me that it is absolutely wrong and illegal setting up escrow account for {$30000.00} line of credit.
i. XXXX Bank is the main mortgage account holder of my home loan of {$150000.00} and set up my escrow account.
j. I paid off the total XXXX Bank mortgage amount of {$180000.00}, in spite of my repeated request to remove the lien of {$180000.00}, didnt clear the paid {$180000.00} my mortgage lien for the past 18 years illegally and criminally. I have paid the payment two ( 2 ) times higher interests and paid {$20000.00} more payment over the 15 years to the XXXX Bank.
XXXX XXXX Bank illegally has been claiming already paid amount of {$180000.00} again and again for the paid mortgage XXXX ago, even several times criminally to the Federal Bankruptcy Court during the Bankruptcy.
XXXX XXXX Bank must remove the lien on my property or reduce to {$30000.00}, and shouldnt claim falsely, illegally, criminally, and discrimnatory with corruption.
m. I have never missed, or late any payments for the past XXXX this account, but XXXX Bank has been claiming falsely, criminally reporting delinquent of my payments, late fees, and interests to the XXXX Credit Bureaus XXXX and keep lowing my credit scores all the way to the bottom. It is serious federal crimes and abuse of senior citizens.
XXXX XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX XXXX, and many officers of XXXX Bank Credit Department and Escrow Department are trying to collect more money already paid by Federal Bankruptcy Court and criminally took my properties. I had to spent 1-2 hours each time. It is against laws : Federal Bankruptcy, Violation of Collection Laws., They are from all different department and collection Companies, collection law firms.
Threatening innocent Senior citizens criminally, XXXX XXXX was telling me to listen to him and pay it.
XXXX Bank collection and credit department has been calling me 5-6 times every day and has been asking me to pay escrow account of insurance and tax payment total {$17000.00} and {$4100.00}. I have been paying my taxes and insurance premiums for the past XXXX.
I have not received correct bill/statement for the payment since XXXX, XXXX and XXXX of XXXX despite of my request of correct amount and the correct statement. XXXX bank has been continually threatening, and harrassing me every day without any correction or correcting statement make me every time spending hours on the phone from different offices and different people.
XXXX XXXX Bank ask me to contact Escrow department or legal Department of XXXX Bank, but they have never taken any of my phone calls.
XXXX XXXX Bank has committed serious malicious XXXX discrimnatory, crimes to destroy me, my family, innocent senior citizens and my family for the past XXXX.
XXXX. XXXX bank has already committed serious malicious XXXX discrimnatory and financial terror crimes taking my lifeline of money over {$35.00} XXXX criminally.
a. My total loan balance was only {$520000.00} and paid without any problems for the past XXXX.
XXXX XXXX bank vice president XXXX XXXX blocked me from paying off my entire loan payments with corruption of his friend, XXXX XXXX XXXX, retired XXXX. XXXX XXXX asked me to use him to pay off the loan, c. I already had three landers wanted to pay off my entire loan amount. XXXX XXXX didnt allow me to pay off the entire loan to the XXXX Bank XXXX These criminal acts of XXXX Banks internal crime involved XXXX XXXX, XXXX XXXX, and XXXX XXXX, and many other officers.
XXXX. My repeated requests of internal investigation of illegal Corruption, XXXX Discriminatory illegal banking, attacks, malicious criminal business practice, malfunctioning, irreparable, outdated, malfunctioning, not generating confirmation code for the paid payments and faulty computer system and knowingly charging again and again late fees, already paid amounts.
a. I investigated XXXX Banks malfunctioning computer banking system, and criminally charging illegal fees. Because all of the bankers, employees denying the faulty system.
b. The top manager of XXXX Bank XXXX banking system and top Bank management officers well aware of their malfunctioning computer system. The XXXX Bank computer system has never generated any confirmation code or track the payment for years at the time.
c. The top manager notified me that the XXXX Bank Computer banking system was so outdated, irreparable, or unfixable. XXXX Bank must purchase a new system.
d. But XXXX Bank did not have enough money to buy a new system and the XXXX Bank was bankrupt.
XXXX XXXX XXXX and other XXXX Bank managers denied the malfunctioning their system and they have charged me {$100.00} fees each time already paid my loan payments. I have never paid late or missed any single payment for over 30years at the time and my credit score was XXXX.
XXXX. Thats why XXXX Bank accused me illegally, maliciously, racially Discriminatorily targeted me and taking more than 5.5 times lifesaving assets than my total loan amount of {$520000.00}. I lost more than {$3.00} XXXX and serious damages by XXXX Banks XXXX XXXX Bank ) illegal acts.
XXXX. No other people knew or complaining about their computer malfunctioning bank system and corruption.
I have never had any problems with XXXX XXXX Bank for the past XXXX, and any other banks, my credit score was XXXX.
XXXX. XXXX Bank did not release the XXXX Bank customers lien at the XXXX XXXX XXXX already paid loan payments of so many their clients.
XXXX XXXX Bank has claimed XXXX ago paid entire my home loan payments repeatedly many times b. During the bankruptcy repeatedly claimed {$180000.00} and my bankruptcy attorneys didnt know about that and I had to tell the Bankruptcy court to correct it again and again.
XXXX Even today XXXX Bank didnt clear my lien already paid amount.
XXXX Because XXXX Banks illegal operation I had to pay XXXX Bank 2-3 times higher rate loan for more than XXXX and I paid {$20000.00} - {$30000.00} more because of the XXXX Banks illegal criminal banking business .
e. It is clearly showing XXXX Banks criminal banking business and the evidence of why they are charging repeatedly.
f. There are currently so many victims created by XXXX Bank XXXX
XXXX. Since XXXX Bank purchased the XXXX XXXX XXXX Bank, XXXX Bank has been attacking me every day to destroy my life and my family, already destroyed/damaged by XXXX Bank XXXX XXXX XXXX Bank XXXX criminally for XXXX.
XXXX Banks criminal, malicious, terror, and racially discriminatory Banking against me and my family.
XXXX XXXX Bank XXXX XXXX XXXX XXXX asked me to pay off my entire loans of {$520000.00} and XXXX bank was in bankruptcy. He asked me to go to his buddy, XXXX XXXX XXXX, retired XXXX XXXX Bank. I contacted him next day and provided all the information. My credit and all the information were very good he would finance quickly. His mom was ill and he had to take care of her others. he didnt do anything. I hired other person and spent more than {$10000.00} and time. I had three lenders to pay off my entire loans. XXXX XXXX XXXX didnt want to talk to them. I talked to XXXX XXXX XXXX blocked the paying off my entire loan payment process, which was illegal, criminal, and discriminatory acts caused all the problems. He kept asking me to go to XXXX XXXX XXXX. I provided all the information of the legal purchasing contracts of a lot more than {>= $1,000,000} and many other offers.
XXXX XXXX bank repeatedly treating me racially discriminatory lending procedures charging 40 times more fees. XXXX, XXXX XXXX XXXX initially promised me {$200.00} each fee each account refinancing at his office, but XXXX XXXX XXXX charged me {$8000.00} at the signing. The XXXX time promised me {$200.00} fee another account, at the signing he asked me to pay {$6000.00}. When I asked him why he was not keeping his promise of {$200.00} of the fee. He lowered the fee to {$3000.00} and saying their Bank was losing money.
XXXX XXXX couldnt sleep at night for 3 months because of my stomach was hurting so much. I sent letters more than XXXX times to XXXX of the bank, XXXX XXXX XXXX. He never responded to me or corrected it.
I treated XXXX XXXX XXXX at XXXX XXXX XXXX in XXXX Ohio. I asked him why he was lying? He said very sorry. I know where XXXX XXXX XXXX is.
XXXX XXXX bank has done business knowingly illegally, wrongfully, and racially discrimnatory, and criminally.
XXXX On CFPB ( Consumer Financial Protection Bureau ( CFPB ), a U.S. government agency that makes sure banks, lenders, and other financial companies treat you fairly ) information ( XXXX Bank has been claiming falsely ) XXXX. XXXX bank committed serious crimes ; illegal banking, wrongful charges ; maliciously, racially discrimnatory and criminally took all my life assets, and still maliciously and criminally attacking me. It is a violation of Federal Banking Laws and committing crimes of IRS, Treasury Department, Federal Bankruptcy Laws, Civil Right, and vary serious financial assassination destroying me and my family, innocent citizens, criminally attacking innocent Senior citizens to cover up their wrong doing for decades.
XXXX. You can check XXXX Bankruptcy XXXX record which I sent a letter to the Bankruptcy Honorable Judge, XXXX XXXX and I, myself, testified at the court. Because my XXXX bankruptcy lawyers were corrupted with XXXX Bank from the very beginning, illegal acts and law practice. No one was represented my cases and XXXX bank took my {$3.00} assets criminally from the very beginning.
XXXX. XXXX bank has been claiming that I was represented by my attorneys all the time. It is a false claim.
My XXXX lawyers, a. XXXX lawyer XXXX XXXX XXXX took the money from me from the beginning as a real estate specialty lawyer and banking lawyer. But he didnt know real estate and banking laws well. Suddenly he took me to Bankruptcy attorney XXXX XXXX, asked me to file a bankruptcy XXXX. I have never expected the bankruptcy because XXXX Bank promised me that they would wait until XXXX of next year for sales of any of my properties would pay off all of entire my debt to XXXX Bank. I had many offers and I provided the legal document to XXXX bank. I was very shocked my attorney, XXXX XXXX filing my bankruptcy case.
b. Later when I asked him to file a law suit against XXXX bank, then he resigned from my case, because of a XXXX of XXXX. How possibly took my case with conflict of interests.
XXXX Attorney XXXX XXXX filed my Bankruptcy case. He promised me that he would clear all the payment in front of his secretary and other attorneys at his conference room. Later he asked me to bring other attorneys to process my case which he would teach another attorney to clear all of my debt and he was kept saying it is very easy in front of his secretary/Assistant, XXXX XXXX XXXX His secretary and I are the witnesses and the document I emailed her and Attorney XXXX XXXX. He asked me to have meeting with his secretary and provide all the information. We had meeting at Attorney XXXX office and I provide all the document she asked me. Then she asked me to email to her all the information, because she may miss any other information. As soon as I sent an email to her, the very next day, Attorney XXXX send me a mail that he resigned from my case and warned me not to contact his office or any other attorneys or employees of his law firm. Because I emailed his secretary Attorney XXXX promised me he would clear all of my debt at the meeting at his office in front of his secretary. His group told me that attorney he would be a next Bankruptcy XXXX after XXXX XXXX XXXX would step down soon. His law firm has many attorneys and he is an attorney filed my bankruptcy case. Why he was asking me to bring an attorney and he would teach him. He knows all other attorneys. Why he was asking me to bring other attorneys to him? He was corrupted from the very beginning at the Bankruptcy XXXX and resigned from my case suddenly. I asked many attorneys. They didnt want to be involved my case. They are saying attorney XXXX is a Bankruptcy Trustee. His law firm has many other attorneys. He was corrupted with XXXX bank. I have key evidence of the corruption.
XXXX. I didnt have any attorneys to represent me at the court for my case.
a. No other attorneys wanted represented or involved may case saying other corrupted attorneys were involved and took already took all the money from me.
b. XXXX attorneys already messed up and negligent my case.
XXXX. I, myself, represented me at the Federal Bankruptcy Court in front of Honorable Judge XXXX XXXX at the Federal Bankruptcy Court, I requested to Honorable Judge XXXX XXXX to extend my case until find attorneys. The Honorable Judge XXXX XXXX granted me to extend my case.
a. I provided information to Federal Bankruptcy Honorable Judge XXXX XXXX of XXXX Banks corruption, illegal, criminal, repeated discriminatory unlawful business practice and taking my assets for my life community mission and life savings. You can find out the information at the Bankruptcy XXXX.
XXXX. I found a bankruptcy attorney XXXX XXXX, but he didnt want to do anything against XXXX Bank XXXX first XXXX bank XXXX or anything else. Attorney XXXX XXXX wanted to do only finishing the payments. He recognized and agreed that he made mistake and wrongfully held my case for XXXX. I was released from XXXX Bankruptcy after XXXX.
XXXX I met XXXX XXXX XXXX XXXX, Chairman of XXXX Bank formally face to face in XXXX XXXX he asked me to send the information to him, I have sent information to his office and spoke to his assistances, XXXX XXXX XXXX XXXX XXXX Assistance XXXX XXXX and others a few times very formally, but I have not received any response from XXXX XXXX XXXX XXXX XXXX Chairman, President and Chief XXXX XXXX of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Assistance of President.
XXXX. But I have been repeatedly receiving False Bills, False Notices, False Collections and False Claim & False Credit Report, harrassing, intimidating, threatening, and pressuring by XXXX Bank.
XXXX. I received phone calls from XXXX XXXX XXXX, XXXX, XXXX Bank XXXX XXXX XXXX on XXXX and XXXX and more in respond of my letter to XXXX XXXX XXXX XXXX.
a. XXXX XXXX XXXX XXXX denying everything saying XXXX Bank XXXX do anything for me.
b. He handles all the letters of XXXX XXXX XXXX XXXX, Chairman and XXXX XXXX is not getting any letters.
XXXX XXXX, XXXX XXXX XXXX, XXXX Bank asked me to sue the XXXX Bank.
XXXX XXXX Bank took more than 500 % of my loan amount and took my life savings.
XXXX XXXX Bank has been attacking me more aggressively with all false charges, escrow account charges, keep sending false Credit Bureaus Report to destroy my life and my family.
XXXX XXXX Bank has been attempting to collect already paid by the Federal Bankruptcy Case.
XXXX XXXX Bank has been harassing, intimidating, threatening to destroy me my family to covering up their wrong doing.
No one has ever answered for the false bills, false collections, false claims, or false Credit report.
A After my bankruptcy case was done by Federal Bankruptcy Court.
XXXX. XXXX. XXXX bank has been criminally, illegally, asking and threatening to pay the {$410000.00} again, then XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX, XXXX. Phone XXXX has been attempting to collect {$410000.00} which I already paid off during the Bankruptcy caused by XXXX Bank.
XXXX. I have never missed account # XXXX, {$30000.00} for XXXX. XXXX Bank has been asking more money to pay. This account and amount must be removed. XXXX Bank took too much of my assets. I do not have anything to support for my life and my family.
XXXX. It is a serious malicious XXXX discrimnatory hate crime.
XXXX. XXXX Bank is making false documents to remove their tax which I received XXXX Form XXXX, XXXX. Amount of XXXX XXXX {$58000.00}.
XXXX. XXXX bank falsely claiming and reporting to IRS to make money sending me false documents.
XXXX XXXX Bank legal department has been illegal collection notices and letters working with XXXX, Ohio XXXX XXXX XXXX, making phones calls, letters, and attempting collections.
XXXX XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX XXXX, and many officers of XXXX Bank XXXX Department and XXXX Department are trying to collect more money for the paid Federal Bankruptcy account and closed case by XXXX banks criminally took my life saving more than 5.5times and XXXX bank had profit more than {>= $1,000,000}.
c. Keep sending tax loss papers from my accounts already closed Bankruptcy case for the XXXX saving purpose which XXXX Bank made 5.5times of loan amounts.
XXXX I was just released from the Bankruptcy case because XXXX Bank illegally took my life savings properties and businesses illegally with corrupted by Vice President XXXX XXXX and attorney XXXX XXXX, XXXX XXXX and others.
This XXXX show, how XXXX bank has been doing wrong again and again. This is another criminal act beside XXXX attempt and many others. XXXX Bank has been deceiving IRS, U.S. Treasury Department.
I put all of my effort and have been working very hard for past XXXX. I have been helping people, community and country.
I am looking forward hearing from you.
Very respectfully, XXXX XXXX
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| 03/19/2019 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Incorrect information on your report
- Account information incorrect
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Web |
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XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MS XXXX SS # XXXX Equifax Information Services, LLC XXXX. XXXX XXXX XXXX, GA XXXX Certified Mail Return Receipt # Equifax Report # XXXX This is the third RECENT dispute of the below referenced accounts which Equifax is continuing to inaccurately report in my credit file, and has provided to multiple companies purchasing that information over the past one to two years, in direct contravention of documented evidence provided to Equifax, produced from the internal accounts records of the five disputed accounts from XXXX XXXX, XXXX which directly refutes any claim by XXXX XXXX, XXXX, or Equifax that the reporting contained in my credit file and being sold to purchasers of my credit report is accurate.
From my multiple phone conversations with representatives from Equifax it is clear and apparent that the only process to evaluate the accuracy of the disputed accounts has been just the computer process via XXXX and the sending of ACDV forms to XXXX, and receiving an AUD form back via computer account verification which is clearly refuted by the notice produced by XXXX XXXX, XXXX from its internal account records which has now been provided to Equifax three ( 3 ) times, and will be attached hereto as Exhibit A.
Moreover the five disputed accounts are beyond the seven year time period allowed for the reporting of negative information according to the FCRA, and which the failure to delete these inaccurate accounts after being legally extinguished by operation of law, and being OBSOLETE by operation of the FCRA, and after being provided substantive evidence multiple times to this inaccuracy is, and of itself may be construed as a violation of the FCRA. The ( FCRA ) 15 U.S.C. 1681 et. seq. and CFR 660.4. does not excuse Equifax in conducting its own thorough investigation especially if credible evidence of the reporting inaccuracies has been provided to Equifax as it has been repeatedly in this situation, and the execution of the ASSURANCE OF VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE STATE OF MISSISSIPPI AND EQUIFAX INFORMATION SERVICES further heightens the responsibilities of Equifax to take corrective action requested by Mississippi consumers when providing substantive documentation therein.
XXXX upon receipt of the evidence of its continued reporting of inaccurate information beyond the seven year time period provided for in the FCRA, and even with XXXX XXXX 's computer system verifying the information provided as accurate, weighed the evidence provided to them and deleted the accounts.
XXXX has escalated the dispute based on the provided information from XXXX XXXX 's internal account records which contradicts its computer generated verification of its reporting. Equifax however has simply relied upon its computer generated verification process through the XXXX system with computer generated ACDV and AUD forms, and has to this point refused to correct its continued inaccurate reporting of the five disputed accounts.
Equifax, along with XXXX, and XXXX settled its lawsuit filed by the Attorney General for the State of Mississippi on behalf of all consumers in the State of Mississippi and contained within the terms of the settlement, Equifax in its ASSURANCE OF VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE STATE OF MISSISSIPPI AND EQUIFAX INFORMATION SERVICES, LLC which prevented further and continued investigation into the business operations of Equifax, Equifax agreed to institute safeguards in its reporting that would reflect the legal and controlling application of Mississippi Code Annotated 15-1-3 and its radical operation of law that upon the running of the statute of limitations in the State of Mississippi on consumer debt legally extinguishes said debt, the original account and all its incidents alike. This is contained in Article III, Paragraph A, section 5, of the aforementioned agreement which Equifax agreed to address and implement the process to correctly report legally extinguished Mississippi debt.
The express terms and conditions in the aforementioned COMPLIANCE AGREEMENT, executed on the XX/XX/XXXX contains language that adds a heightened responsibility, notwithstanding the express responsibilities upon Equifax by the FCRA, to evaluate any additional documentation provided by Mississippi consumers, and to be able to take corrective action on the credible information provided, to assure compliance with including said documentation provided by the Mississippi consumers with the ACDV dispute process via the XXXX system, and if the changes the Mississippi consumer requested are not made to fully provide all information regarding the dispute to the FOI with an explanation as to why the changes were not performed, and why the changes were not performed in house by Equifax upon review of the documentation provided by the Mississippi. This has not occurred with any of my previous disputes, and is in violation of the COMPLIANCE AGREEMENT express terms and conditions with the State of Mississippi.
To this point Equifax has been made aware multiple times of the fact that all of these debts went into default during the time period from XX/XX/XXXX through XX/XX/XXXX, making these accounts long past the statute of limitations prescribed under Mississippi statute and as such legally extinguished under the operation of law via Mississippi Code Annotated 15-1-3. This fact has been provided to Equifax via a dispute notice a minimum of ten times over the period of the last two to three years, with the most recent disputes being sent via USPS CMRR, in XX/XX/XXXX, and again in XX/XX/XXXX, which also contained the additional information provided directly from XXXX XXXX, XXXX 's internal account records noted in each dispute, and the actual copy attached to the disputes.
Howbeit, it appears that Equifax even with knowledge of what it agreed to in its execution of the ASSURANCE OF VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE STATE OF MISSISSIPPI AND EQUIFAX INFORMATION SERVICES, LLC, appears to once again rely on the XXXX computer generated dispute ACDV process to the Furnisher of Information, ( FOI, ) in this case XXXX XXXX, XXXX, and has relied upon what it states as a verification by XXXX XXXX, XXXX via its AUD response form even in direct contradiction to the facts provided in these numerous referenced disputes, which included the attached XXXX XXXX documentation, in the form of a letter to my attention, addressed to my personal attorney of record. Please note that I am copying my personal attorney on this dispute notice as I have on previous ones in the event that I am forced to seek any, and all legal remedy provided for under the referenced federal statutes, and in a court of law.
Therefore one final time as a consumer action pursuant to the ( FCRA ) 15 U.S.C. 1681 et. seq., and the express terms, and conditions of the ASSURANCE OF VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE STATE OF MISSISSIPPI AND EQUIFAX INFORMATION SERVICES , LLC, I am once again disputing the following five items, all of which have been legally extinguished by operation of Mississippi law, Mississippi Code Annotated 15-1-3, and all of which are beyond the FCRA seven year time period for negative reporting.
1. XXXX XXXX, Account # XXXX.
This account is beyond the FCRA seven year reporting period, the actual XXXX XXXX internal account DOFD via documentation produced by XXXX XXXX is XX/XX/XXXX, which will be attached to this dispute. The account has also been legally extinguished by operation of law via by Mississippi Code Annotated 15-1-3, the account, its debt, and all incidents alike are destroyed. DELETE IMMEDIATELY.
2. XXXX XXXX, Account # XXXX.
This account is beyond the FCRA seven year reporting period, the actual XXXX XXXX internal account DOFD via documentation produced by XXXX XXXX is XX/XX/XXXX, which will be attached to this dispute. The account has also been legally extinguished by operation of law via by Mississippi Code Annotated 15-1-3, the account, its debt, and all incidents alike are destroyed. DELETE IMMEDIATELY.
3. XXXX XXXX, Account # XXXX.
This account is beyond the FCRA seven year reporting period, the actual XXXX XXXX internal account DOFD via documentation produced by XXXX XXXX is XX/XX/XXXX, which will be attached to this dispute. The account has also been legally extinguished by operation of law via by Mississippi Code Annotated 15-1-3, the account, its debt, and all incidents alike are destroyed. DELETE IMMEDIATELY.
4. XXXX XXXX, Account # XXXX.
This account is beyond the FCRA seven year reporting period, the actual XXXX XXXX internal account DOFD via documentation produced by XXXX XXXX is XX/XX/XXXX, which will be attached to this dispute. The account has also been legally extinguished by operation of law via by Mississippi Code Annotated 15-1-3, the account, its debt, and all incidents alike are destroyed. DELETE IMMEDIATELY.
5. XXXX XXXX, Account # XXXX This account is beyond the FCRA seven year reporting period, the actual XXXX XXXX internal account DOFD via documentation produced by XXXX XXXX is XX/XX/XXXX, which will be attached to this dispute. The account has also been legally extinguished by operation of law via by Mississippi Code Annotated 15-1-3, the account, its debt, and all incidents alike are destroyed. DELETE IMMEDIATELY.
This is a legal dispute pursuant to the Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681 et. seq. and CFR 660.4. These aforementioned five reported accounts have been legally extinguished after the period of imitation ( SOL ) has run in the State of Mississippi pursuant to the operation of law via Mississippi code annotated 15-1-3, and as such the REMEDY, as well as the RIGHT have been legally extinguished, the original debt, the account, and all its incidents alike have been destroyed, there remains nothing to revive. I have no legal obligation for it, the account, and any debt associated with it have been destroyed, and as such there is no legal provision to continue reporting it on my credit file.
Miss. Code Ann. 15-1-3 by operation of law legally extinguishes debt after the period of Limitation for the specific consumer debt in the State of Mississippi. This referenced statute is radical in its nature and is not a statute of limitations, but a statute of repose. Upon the completion of the period of limitation this statute extinguishes both the remedy, as well as the right. The Mississippi Supreme Court has upheld, and affirmed this legal extinguishment of debt in numerous cases appealed to that body regarding this statute, citing from cases decided by that court ; Mississippi statute annotated 15-1-3 and its legal extinguishment and abolishment of the debt, it's right, remedy, and all incidents are destroyed as adjudicated and affirmed by the Supreme Court of Mississippi in the following actions, XXXX XXXX XXXX, and XXXX XXXX XXXX as cited from the Court docket verbatim below : In XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, this Court referring to Mississippi Statute annotated 15-1-3.commented on the wording of the statute before 1880 and as it was amended to read after 1880. Section 2685, Code of 1880, is exactly the same as Section 743, Mississippi Code 1942 Annotated. In Proctor, this Court said : " The change wrought by this new statute is radical. Not only the remedy is denied, the action barred, but the right itself is extinguished upon the completion of the period of limitation. The remedy and the right, whatever it was, are alike destroyed. There remains nothing to revive .... The extinguished right, the original debt and all its incidents, as well as the lost remedy, are all destroyed, upon the completion of the period of limitation, under our present statute. '' ( Emphasis added ). XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX.
In the later case of XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, this Court again commented on the difference between the Mississippi statute and that of other states : " At common law, and under the statutes of most states, the statute of limitation does not extinguish the debt, but merely bars the remedy by which the debt may be collected or enforced. When such is the case, the debt continues to exist, and may be charged against the child in the division of an estate ; but, where the debt itself is extinguished by the statute of limitation, as it is in our state, the account ceases to be a debt. It is completely extinguished by the statute of limitation, and can only serve as a legal consideration for a new promise based thereon. '' ( Emphasis added ). XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX.
The five referenced and disputed tradelines are also OBSOLETE as they are all beyond seven years from the Date of First Delinquency, ( " DOFD ' ) as documented, and produced by XXXX XXXX, XXXX to my personal attorney. Specifically the letter sent to my attention mailed to the office of my personal attorney regarding inaccuracies being reported on these legally extinguished accounts document the actual XXXX XXXX internal account dates in which these accounts first became delinquent. Excerpts taken from the notice from XXXX Executive Office dated XX/XX/XXXX states as follows : " On your account ending in XXXX ( first account disputed above ) {$25.00} was due by XX/XX/XXXX, but no payment was received by the due date. '' " On your account ending in XXXX ( fifth account disputed above ) {$10.00} was due by XX/XX/XXXX, but no payment was received by the due date. '' " On your account ending in XXXX ( second account disputed above ) {$35.00} was due on XX/XX/XXXX, but no payment was received by the due date. '' " On your account ending in XXXX ( fourth account disputed above ) {$24.00} was due on XX/XX/XXXX, but no payment was received by the due date. '' Continuing from the XXXX letter in reference to the missed payments on the aforementioned accounts and First Date of Delinquency established in the XXXX XXXX, XXXX notice, " we did not receive a payment on the accounts by the respective due dates, the accounts were past due, and remained past due until they charged off in XX/XX/XXXX. '' " Therefore, although your auto payments were making payments on each of the accounts, the accounts were never brought current from XX/XX/XXXX to XX/XX/XXXX, when the accounts were charged off. '' On the account ending in XXXX ( third account disputed above ) {$63.00} was due by XX/XX/XXXX. Our records indicate that the account had a returned auto pay that posted on XX/XX/XXXX. When the {$14.00} auto pay was removed from the account, the account became past due, and remained past due until it charged off in XX/XX/XXXX. '' Therein, the actual internal account records from XXXX XXXX, produced in the letter clearly demonstrate the DOFD 's to be XX/XX/XXXX, and October through XX/XX/XXXX, all of which make any current reporting of the negative information to be beyond the FCRA time period, and all establish the fact that pursuant to the application of Mississippi Code Annotated 15-1-3 these accounts have been legally extinguished for a number of years. These dates are clearly not the reported DOFD 's which your company maintains in my credit file and has been reporting for over seven years to anyone requesting my credit reports. Moreover these accounts are still reporting a balance due, a notation of charged off account even though they have been legally extinguished.
My credit report with Equifax has also re-aged the DOFD on a monthly basis for over four years ( XX/XX/XXXX-XX/XX/XXXX ) when the actual documented DOFD occurred, until ( XX/XX/XXXX-XX/XX/XXXX ) which are the reported dates in my credit file. until the eventual dates reported in my credit file, which all reflect dates ranging fromXX/XX/XXXX to XX/XX/XXXX and for that period of four plus years. The Equifax credit reporting on my credit report clearly states no payment was noted in the account monthly summary for the four year period, yet the DOFD was re aged each month as if the required minimum payments had been made, and posted to the accounts. This is clearly not accurate and re aging is a violation of the FCRA.
These five disputed accounts were legally extinguished via operation of law referenced above, and as such have been legally destroyed. And all of these accounts have gone past the FCRA time period for negative reporting based on the account documented DOFD 's produced in the referenced and attached XXXX XXXX letter, and as such should be DELETED IMMEDIATELY, as the continued inaccurate reporting is creating undue financial harm, and hardship, and is in violation of the FCRA.
Please provide me with a complete and detailed description of the reinvestigation procedure for all items disputed pursuant to the statutory requirements of the FCRA, as well as the express terms and conditions of the ASSURANCE OF VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE STATE OF MISSISSIPPI AND EQUIFAX INFORMATION SERVICES, LLC, Please provide me with a detailed description of the process undertaken by the agent in evaluating the evidence of inaccuracy provided in my dispute, attached hereto as Exhibit A, and the legal rationale for the decision if made not to act based on the corroborating evidence of inaccurate reporting by Equifax attached hereto as Exhibit A.
Please send me a copy of the ACDV forms sent to the furnishers, and well as a certification of compliance with the heightened responsibilities on the required submission of any documentation provided by a Mississippi consumer, which in this case is attached hereto as Exhibit A, in its dispute with Equifax, and the return forms, AUDs, received back by you from XXXX XXXX, XXXX, and please provide me a copy of my updated credit report pursuant to the FCRA.
I am not requesting that a fraud alert be placed on my consumer credit file and delete any fraud alert that might be placed unintentionally.
I declare that all facts cited in this dispute are accurate under the fear of perjury, Sincerely, XXXX XXXX, XXXX SS # XXXX Certified Mail # C.C. Consumer Financial Protection Bureau C.C. State of Mississippi Attorney General 's Office XXXX XXXX XXXX XXXX, XXXX XXXX and XXXX Please find also the following attachments : A copy of my Drivers card to verify my identity.
A sworn and notarized Affidavit denoting that this is not a suspicious dispute, and that the dispute is directly from me, that the request for complete investigation pursuant the Fair Credit Reporting Act regarding the above disputes is indeed from me, and noting that the attachments referenced herein were attached to this dispute notice.
Copy of Mississippi Statute Annotated 15-1-3 Case citations reflecting orders from the Mississippi Supreme Court referring to Mississippi Code Annotated 15-1-3, and its predecessors, adjudicating on its plain language, and affirming that its unambiguous construction is radical in nature, and legally extinguishes, and destroys the original debt, and all its incidents at the running of the statute of limitations in cases before the Supreme Court for the State of Mississippi.
Copy of the press release from the State of Mississippi Attorney General 's Office Copy of letter from the Executive Office of XXXX XXXX, XXXX to myself after a dispute of the accuracy of the accounts referenced above and which stipulate the DOFD 's to be in XX/XX/XXXX and XX/XX/XXXX, not the DOFD 's being reported on my credit report which are also clearly beyond the seven year FCRA period of reporting negative information on a credit report.
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| 09/18/2019 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Problem with a credit reporting company's investigation into an existing problem
- Their investigation did not fix an error on your report
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Web |
Older American, Servicemember |
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I contacted XXXX XXXX XXXX/XXXX XXXX XXXX after waiting almost 60 business days and still not receiving a response to my Error Resolution Letter. XXXX XXXX stated he would have a supervisor contact me within 24 hours to discuss the issues.
On XX/XX/XXXX, I received a call from XXXX XXXX ( not a supervisor, ) who is in the Ombudsman Dispute Department, in the Executive Office at XXXX XXXX XXXX, asking about my issues.
Before I had a chance to talk I was reprimanded for calling their investor, XXXX XXXX XXXX XXXX. I was told all communication must go through XXXX. I explained to the representative, I had made many attempts to work with XXXX, and even called the Consumer Ombudsman department twice, whos representatives discounted the call twice. Either these employees are not trained to answer my specific questions, or just plain rude.
I almost did not answer XXXX call because the was no caller ID naming XXXX, and because I get so many Scam calls, I usually do not answer the phone for unanimous callers. Today I received another call from XXXX, this time letting me know XXXX is working on my Error Letter.
On XX/XX/XXXX ( attached ) XXXX sent a letter, which I received on Monday the XXXX, answering my error resolution letter. XXXX call did not make sense until she said the reason for her call was new information was received, and she was calling to state it was being reviewed in the Dispute Department. When I asked, " Where did the information come from ''? She stated it was the information I just sent in. Again, I am working with someone who did not know what they were talking about. After a few more questions I realized, the " new '' information she spoke of was the complaint I had filed with the CFPB # XXXX.
I explained, this is the same information I sent to XXXX, and waited 2 months for a response, when per the CFPB 30 business days is the allowed period to respond, + a 15-day extension if within the 30 days notice is sent with a valid reason for the extension. Instead, I was sent a notice stating XXXX needed a 30-day extension, ( even though CFPB states no more than 15 days, ) it was outside the 30 day dispute period, and without a valid reason. XXXX replied she is required to call when a dispute is filed. I asked her about the credit report mistakes discussed in our previous call on XX/XX/XXXX, and all she could say is we are working on it. I mentioned it took 2 months to reply to my first dispute and asked how long would it take to respond to the Credit Report Disputes, and she said she didn't know. Based on this discussion, and my desire to have my credit report corrected, I plan to file another complaint with the CFPB for the credit issues, and the carelessly put together response from XXXX to my " Error resolution letter.
Please read the response XXXX subsequently made on XXXX, ( attached, ) and come to your own conclusion, why would a one-page response take 2 months to accomplish. It really didn't address any of my concerns, and what is really humorous is the letter is filled with misconstrued facts and conclusions.
The correspondence included an " Applied Funds Table, '' along with pages of XXXX payment history, ( which I already had. ) As I reviewed the payment history ( supplied by XXXX, ) it became clear, I had been supplied with an internal form, based on the " heading of each column. '' Such as " XXXX '' which was not defined for the average consumer to understand. By comparing the payment history supplied by XXXX, to the actual history XXXX XXXX XXXX supplied with my final Escrow Analysis, the abbreviation was for " Transaction Date. '' It is clear that the XXXX payment history XXXX supplied, ( which neglected to include either the 13-page numbers for reference or an explanation as to why it was included, ) as it appears to have been thrown in as fluff.
If the " Table '' and " Payment History '' matched it would make sense. Instead, it conflicted with the '' Applied Funds Table, '' which fail to show my last payment made to XXXX on XX/XX/XXXX, nor did it include the correct payment amount of {$1300.00}. Which by law, must be posted and disbursed as of the date of receipt, ( in this case XX/XX/XXXX, ) not XX/XX/XXXX.Additionally, the table includes an " Escrow Shortage '' payment of {$74.00} made on XX/XX/XXXX but fails to show the " Escrow Shortage '' payment of {$5.00}, or the waving of the late charge of {$48.00} on XX/XX/XXXX. In fact, if my " Error Letter '' had been read, it would be easy to see these mistakes clearly. How can a company come to an accurate conclusion without having or giving me information that is thoroughly reviewed and analyzed? I had the right to be explained why the table in the letter from XXXX did not match the XXXX loan history and how you came to the conclusions in the table. I am still in limbo because nothing has been corrected.
Paragraph two of the letter dated XXXX states, We are unable to comment on the escrow amounts collected by the prior servicer, as we collect the escrow information from the agencies after the loan was transferred to XXXX. Why isn't AGENCIES explained? What agencies are you talking about? XXXX has an obligation to be clear, and accurate. Why would I be supplied with XXXX XXXX internal form of my payment history with XXXX, only to tell me you can't comment about it? Should you really have sent me this form at all? Did the so-called " Agencies '' make a mistake supplying it? Per 1024.38 38 ( a ) ( 1 ) ( ii ) -1 XXXX must have " reasonable policies and procedures, '' and I have not seen this in attempts to work with this Servicer.
Late Fee : One more Error made by XXXX : For some reason, Ms. XXXX was under the impression that I questioned the late charge XXXX had added to my XXXX payment. I questioned the accounting, XXXX mistakenly charged a late fee and waved it the same day. My concern about this charge was, being accurately credited for this fee. The payment history showed It posted as a charge on XXXX, and it also showed a credit 4 times the same day, but my balance was not adjusted. XXXX XX/XX/XXXX letter explains I was charged a late fee on XX/XX/XXXX, but fail to state that this amount was credited back the same day, ( all they had to do was look at the payment history under total late fees. ) This question remains unanswered, I still want to see that I was credited. If the payment is held in a suspense or unapplied funds account, this fact must be reflected on future periodic statements, in accordance with 1026.41 ( d ) ( 3 ). When sufficient funds accumulate to cover a periodic payment, as defined in 1026.36 ( c ) ( 1 ) ( I ), they must be treated as a periodic payment received in accordance with 1026.36 ( c ) ( 1 ) ( I ). By being treated as a periodic payment the payment must be posted on the date received.
Phone Call : I requested to be contacted by phone to explain the results of your investigation, I did not say this request was in lei of sending a written response. The XX/XX/XXXX letter states : " We are unable to fulfill this request as it is our policy to respond by US Postal Service. '' One more blunder or failure to properly communicate what they mean. XXXX " DID '' in fact call me, on XXXX and explained what was stated in the letter, ( hadn't yet been received ) and I was told what the conclusion was. The final paragraph of the letter states, " Should you have any further questions, please call Customer Service. '' This conflicts with the prior statement XXXX made which began, " We are unable to fulfill this request. '' It concludes : " XXXX has reviewed and responded to your inquiries, ( I unequivocally disagree with such a statement. ) Then continues to say, " We have provided all documentation relied upon to reach our determination, '' ( This explains and concurs, that there was little time spent investigating my concerns, ( even though it took 2 months to answer them. ) It is part of the reason there are so many mistakes, there was a lack of investigation by XXXX. ) The letter continues to say : " If a document was not provided, it is because it is privileged or proprietary, '' ( such as in supplying an internal form, from XXXX. ) Isn't this statement in conflict with the prior one stating We have provided all documentation relied on?
Servicer 's use a computerized loan management system. The system XXXX uses should keep track of the borrowers account, and communications with the Servicer. What happened? Did the server at XXXX go down while this case was investigated? One of the main duties of a Servicer is to collect and process payments from the borrower, and have accurate accounting. When funds are applied improperly when the grace period is ignored, or there is a failure to credit funds to the principal balance, or escrow account there can be an artificial shortage, and XXXX is in violation of the terms in the deed of trust. Please remember, I was told there would not be another Escrow Analysis completed for a year on XXXX XXXX, ( date of transfer, because XXXX had completed one a month and a half before the transfer. Yet, in XXXX I was sent a new Analysis by XXXX, knowing Federal Laws only allows one completed per year, unless I request to have one completed. I was told there was a shortage of {$130.00}, which triggered my letter of dispute.
THERE WAS NO PART OF THIS LETTER THAT HAD CREDIBILITY! It is frightening to know that I am stuck with this Servicer until I either sell my home or refinance.
Escrow Closure : My request to close Escrow, and XXXX acknowledgment of closure on XX/XX/XXXX, was one more string of errors, ( see attached Escrow Payment change notice XXXX, Escrow Closure Request form, XXXX Acknowledgement XXXX, and Escrow Closing Notice/Notification Escrow Closing XXXX. ) The form was supplied by XXXX and clearly shows I no longer wanted " both '' my Property Taxes and Insurance Impounded. I was sent a letter Acknowledging my escrow would close on XXXX if I didn't call and cancel this request. I called on XX/XX/XXXX to verify my escrow was closed and was told a check was sent for the balance of my Taxes, but the Insurance was still opened. I asked why and was told the Escrow Department would be contacted, and I would get a call within 3 days with an answer. How do you botch up something so simple, and with your own forms?
I asked to speak with the escrow department and was told, I could only speak to Customer Service, who clearly did not understand the makings of an Escrow Account. I had never heard of a company that did not let you speak to this department. It is no wonder there are so many mistakes made. I asked to have the insurance check sent XXXX overnight since this was an error made by XXXX, and my insurance was coming due within a few weeks. Plus my form clearly stated it was not longer XXXX XXXX responsibility to pay taxes or insurance, ( even though they still held the insurance balance of my escrow account. ) I was told they would " try '' to request the check and overnight it. I replied that is not good enough.
Two days later, I received a call from XXXX stating a check was request was made that day, and he would internally, e-mail my request to have my check overnighted. One week later I received the check regular mail. XXXX repeatedly has made mistakes, and taken shortcuts at every stage of the mortgage servicing process, costing me additional fees along the way. When an error was made in the servicing of my mortgage, XXXX must either correct the error I identified, called " notice of error '', or investigate the alleged error. XXXX has routinely failed to properly acknowledge and investigate my complaints, or make necessary corrections.
This is probably a result of loading inaccurate and incomplete information into its servicing system, or even when their data is accurate, XXXX still generated errors, because of their system failures and deficient programming.
Inaccurate Credit Reporting : XXXX : The results of my dispute from my report dated XX/XX/XXXX arrived on XX/XX/XXXX ( see attached ) as certified accurate and unchanged. This is a gross misstatement and shows that XXXX either has untrained employees is too busy to verify and correct the information or is a company who skips through federal compliance regulations hoping not to get caught in an audit by the CFPB.
Looking at the attachment, " Experian Dispute with XXXX '' is noticeably & erroneous based on a status date of XX/XX/XXXX : it fails to show loan transferred/sold, a recent payment made of {$2600.00}, ( also shown in error on the attached XXXX Account summary, ) which is the total of the individual payments I made for XX/XX/XXXX & XX/XX/XXXX in the amount of {$1300.00} the monthly payment, also shown in error on my report is shown as {$1300.00}, which was the payment I made in XXXX because of XXXX XXXX inaccurate Escrow Analysis, which has disputed as of XX/XX/XXXX, ( see attachment, XXXX Error Letter. ) The term is 40 years, with 32 years remaining, not 46 years. There is no 46-year term for mortgages.
Finally, XXXX felt a need to add, ( in error ) a comment : " Loan Modified under a Federal Government Plan. '' This is a negative reporting remark, which can not be made after 7 years, ( it has been almost 10 years, ) the Modification completed by XXXX, ( see attachments XXXX XXXX Credit Report change, & XXXX XXXX Mod ) was disputed & removed from all credit reports in XXXX, and can not be added back.
Equifax : On XX/XX/XXXX, I received the results of my dispute against XXXX XXXX XXXX & XXXX ( see attachment, ). XXXX updated their information to now show the loan closed & transferred with the date of the last payment.
Equifax : XXXX, on the other hand, created the illusion I had two mortgages instead of one, & one of them was a new mortgage, ( dropping my credit scores. ) Account information '' it also needs many of the same corrections for based on the " Date of last activity '' shown as XX/XX/XXXX, Loan Balance must be reduced to match " Date of last Activity, '' but continues to state the original balance on transfer of my loan XX/XX/XXXX, " Actual Payment, '' {$2600.00}, should match " Scheduled Payment. '' The " Months Reviewed '' state 2 payments reported it is should state 3 were reviewed, the monthly payment was updated but still wrong, since the status date remains unchanged at XX/XX/XXXX, the updated payment is based on my new payment as of XXXX, which no longer has an escrow account.
Under " Historical Account information '' the months of XX/XX/XXXX & XX/XX/XXXX must be completed to show payment in the amount of {$1300.00} and XXXX XXXX payment must be corrected to show this payment as well. By failing to report the XXXX & XXXX payment amounts, that the payments made were " Regular Payments '', not " Trial Payments '' ( under a trial period for a loan modification, by failing to report the loan as transferred/sold, ( needs to be added, ) but most importantly by reporting a comment the " Loan Modified under a Federal Government Plan, '' ( MUST remove outdated negative information. ) it has caused my credit score to drop 120 points. All of these mistakes contributed to lowering my overall credit score.
XXXX XXXX : Not only is XXXX XXXX reporting the same errors as Equifax, but instead of showing a " Historical Account information '' XXXX XXXX XXXX format places a table under the " Remarks '' " Loan Modified under a Federal Government Plan. '' that " RATES '' the payments for XXXX and XXXX as " X '' which is defined as " Unknown, '' once again indicating a " Trial Payment '' under a Modification. Instead, it should have shown as " OK '' under their Rating Key method. This is unreasonable, will not be tolerated misleading, uncalled for, and must be changed immediately.
Concerning the above comments, I would like to add, I was not notified by XXXX that they were reporting " any '' information to the credit bureau 's, much less " negative reporting '' concerning the type of mortgage I had. To reiterate ; when a loan is transferred there is a 60 day grace period before any credit reporting may be made.
When an Error Resolution Letter such as the one XXXX received on XX/XX/XXXX, is received concerning mortgage payments, ( and XXXX had not even received all the data from XXXX, ) XXXX may not report during the resolution period, which is usually another 60 days. In my case, during the period discussed, my payment changed with XXXX 3 times, and XXXX just sent another notice dated XXXX, received XX/XX/XXXX. Stating they are again reviewing my concerns, yet XXXX choose to ignore the State and Federal law and incorrectly began reporting on XXXX. Additionally, outdated information/negative reporting over 7 years old must not be reported.
Under the FCRA ( Fair Credit Reporting Act ) prohibits false credit reporting of any type. A creditor must not supply information to a CRA that it knows ( or should know ) is inaccurate. That includes : misstating the balance due or reporting late payments when you paid timely.
Failing to Follow Debt Dispute Procedures When you submit a written dispute about the accuracy of an item on your report, credit bureaus and your Servicer ( XXXX ) must take certain actions in response. Their duties include conducting a reasonable investigation of your dispute, correcting any inaccurate information, or even removing the disputed debt from your credit report. There are a number of ways they can fall short of their duties.
Some common violations by a CRA include failing to : Notify a creditor that you dispute the debt that it has reported, conduct a reasonable investigation of your dispute, or correct or delete any inaccurate, incomplete or unverifiable information within 30 days of the receiving notice of your dispute, refrain from continuing to submit information that it knows ( or should know ) is incorrect, conduct an internal investigation of your dispute within 30 days ( or 45 days if you supply additional information during the investigation. ) When a private investor such as XXXX XXXX XXXX XXXX owns the loan, the market drives the servicing fee. Generally, the fee depends on the underlying credit quality of the borrower. Servicing a loan with a higher quality credit rating brings in fewer fees because servicing costs are lower. Servicing a loan that has lower credit quality generates a higher fee because borrowers tend to default on this type of loan, which makes them more labor-intensive to service. How many borrowers have XXXX supplied inaccurate information, in an effort to drive their fees up to and cost the investor thousands of dollars, by misleading them?
Because I have no say over who services my mortgage, I must depend on the CFPB to remain vigilant to ensure I get fair treatment. '' I can only hope the CFPB uncovers substantial evidence that XXXX has engaged in significant and systemic misconduct, at nearly every stage of the mortgage servicing process.
The Dodd-Frank Wall Street Reform and Consumer Protection Act, protect consumers from unfair, deceptive, or abusive acts or practices, such as those described above. The CFPBs mortgage servicing rules require that servicer 's promptly credit payments and correct errors on request.
I hope you take these remarks seriously by discussing these errors with XXXX and making sure the corrections are made immediately. The information on my credit report should be prioritized, and when completed the FCRA states I am to be notified within 5 days. I would be glad to discuss anything you feel is not clear.
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| 03/24/2020 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Incorrect information on your report
- Information belongs to someone else
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Web |
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Legal Department, This credit dispute is being submitted as a new evidence dispute. The accounts that are being disputed, does not belong to me. The below is my sworn statement concerning these credit issues.
It is my sworn statement that I declare under penalty of perjury ( " under the laws of the United States " if executed outside of the United States '' ) that the foregoing is true and correct to the best of my knowledge. Further, I certify that I am qualified and authorized to file this dispute. I also understand that knowing and a willful misstatement of omissions of material facts constitutes a federal criminal violation punishable under 18 U.S.C. 1001. Additionally, these misstatements are punishable l1S perjury under 18 U.S.C. 1621.
The trade lines listed below are items currently within my credit file, and none of these are related to any transaction that was made by me. It is my official statement that someone and/or several people have opened these accounts and made transactions on these accounts without my knowledge or authorization, my personal information has been used to obtain goods, services, or money : and the person ( s ) responsible for creating these accounts.
I have filed a report with the Federal Trade Commission, which I have enclosed within this dispute package. I have reached out to all of these creditors and have made them aware that these accounts were fraudulently opened, and they have known this for several months, but have yet to remove these accounts from my credit reports. Some of the creditors have been cooperative and have removed the accounts, but others have refused to remove the fraudulent accounts. Therefore, I have come to you, the credit reporting agencies to resolve these issues. The law says that you must block these accounts while being investigated, and I expect that you will do so.
I made an attempt to file a police report, but I was informed by my county that it did not constitute as an emergency and that they would not file the report because I didn't have any information on the person who used my information, nor did I know how my information was obtained by this person.
Likewise, these COLLECTION ACCOUNTS are also not mine. None of these belong to me. This means that I was not the person, which had an account with the original creditor, which has sold these accounts to these collection agencies that are now reporting the debts.
COLLECTION AGENCY : ( Original Creditor : ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : ( Original Creditor : ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : ( Original Creditor : ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : ( Original Creditor : ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : ( Original Creditor : ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX XXXX XXXX ( Original Creditor : XXXX XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX ( Original Creditor : XXXX XXXX XXXX XXXX XXXXOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX ( Original Creditor : XXXX XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX XXXX ( Original Creditor : XXXX XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX XXXX ( Original Creditor : XXXX XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX ( Original Creditor : XXXX XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX - XXXX ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX XXXX XXXX ( Original Creditor : XXXX XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX XXXX ( Original Creditor : XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX XXXX XXXX ( Original Creditor : XXXX XXXX XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX XXXX ( Original Creditor : XXXX XXXX XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX ( Original Creditor : XXXX XXXX XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX ( Original Creditor : XXXX XXXX XXXX XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX ( Original Creditor : XXXX XXXX XXXX XXXX ) ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX XXXX ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX XXXX ACCOUNT NUMBER : XXXX COLLECTION AGENCY : XXXX XXXX ACCOUNT NUMBER : 2378 Policy states ...
According to the FAIR CREDIT REPORTING ACT " FCRA '' 611 ( 15 U.S.C. 1681 ), Procedure In Case of Disputed Accuracy ...
( a ) Reinvestigations of Disputed Information ( 1 ) Reinvestigation Required ( a ) In general. Subject to Subsection
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| 06/09/2017 |
Yes |
- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Problem with a credit reporting company's investigation into an existing problem
- Their investigation did not fix an error on your report
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Web |
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I have added the complaint /demand that I sent Equifax , which will give you all of the details pertaining to their part in this mess. I was going to do two complaints however, your system will NOT allow me to file one against XXXX XXXX XXXX because they have NOT signed up to get complaints from your system. Which is NOT surprising considering they are trying to avoid paying taxes on the cash payments they get and they try to avoid doing the right thing in general. The brother owns the car lot and then XXXX XXXX owns the Finance company and then I think they BOTH own the insurance company. I was told it was to avoid any requirements of being the car lot owner and the finance company. I was told by a former employee that they did it that was because something about it may be illegal to own both, or something to that effect! All I know is if you look into XXXX XXXX and XXXX XXXX XXXX you will find some shady stuff for sure!!
So this complaint is about Equifax and XXXX into one because I cant do XXXX with out Equifax. If you need any additional info to get both of these complaints filed PLEASE do NOT hesitate to let me know.
My complaint issue is two fold, for this one I will submit the information pertaining to the defaming and damaging information a Furnisher placed on my report, admitted it was there mistake and sent me an apology and confirmed they would have it removed and updated with in the following 30 days. That was in Mid to late XX/XX/XXXX. SInce then I have gone back and forth with the company numerous times requesting they do as they said and agreed in writing, which was to have it removed from Equifax, which would then have Equifax correct my report and scores. It is now XX/XX/XXXX and Equifax did finally remove the inaccurate statement on my report, however they have NOT corrected my scores, paid the restitution to me, nor have they reported the corrections to ALL of the lenders that viewed pulled my report since it was Incorrectly placed. Additionally they have NOT removed the codes and numbers that remove the Repo status from my reporting. SO they have only done a small part of the correction. I disputed it with Equifax on 4 separate occasion, as well as the Furnisher. The CFO has sent me a few emails which I will attach to prove they have accepted responsibility of the DAMAGING information being their NEGLIGENCE AND MISTAKE. Which has cost my family and I several hundreds of thousands of dollars in Interest on CC, loan denials, car financing denials, being called a fraud, in front of my small children which caused my character to be harshly defamed, which also cost me numerous financing abilities of all kinds including but not limited to getting financed for cars, approved for houses, and loans that we needed to help our family get a safe and habitable home. We were forced due to the GROSS negligence of the Furnisher placing an INVOLUNTARY REPOSSESSION on my credit report since XXXX, which I was NOT made aware of this until Mid to late XX/XX/XXXX, WHen I was informed of it, I was completely and utterly embarrassed by the information and how I was told. I was at a large car dealership, where there was a longtime friend of the families who worked there and offered me the BEST price on a brand new car, along with their promotion of 0.9 % financing. When I arrived at the dealership, I showed them that I had a XXXX credit score, they were very happy bc that score provided them with the ability to grant me financing at the 0.9 % and to give me the car I wanted at FAMILY PRICING, which took off an instant XXXX from the sticker price. They also had massive incentives from the dealerships which would have allowed me to have a BRAND NEW FULLY WARRANTIED car with all the trim, bells and whistles I needed and wanted to secure a safe car from my children, as opposed to the current one that I had purchased in XXXX from the Furnisher XXXX XXXX XXXX XXXX XXXX, who is one in the same of the furnisher that placed the DAMAGING HARMFUL DEFAMING, INACCURATE INFORMATION on my credit report, which now I was told of when they denied me credit, financing of any kind at the dealership when they pulled my auto credit. This was the first I had heard of a Repo of any kind on my report. When I instantly contacted the furnisher it took them a few days to get back to me and when they did, they informed me that the were able to confirm it was absolutely a FULL MISTAKE ON THEIR END and that they were sure to correct it ASAP! they gave me the apology letter to use to try to prove it was their mistake and I was worthy of financing. When it had NOT been corrected in XX/XX/XXXX, I again spoke to the CFO XXXX XXXX who again assured me they had submitted the request for removal to Equifax directly and due to their backlog it may take up to 90 days to be fully removed. At that time I was NEVER aware of the FCRA, FACT ACT OR THE CFPB ACT that protected me, and would have helped me then. It was NOT until XX/XX/XXXX when I went to get a new car once again at a large dealership that was offering HUGE rebates and interest of 1.9 % to qualified buyers. Well even with the Repo at that time my credit was still in the mid XXXX 's I do n't want to say an exact # because I do n't have that exact # in front of me. So I do know for sure it was in the XXXX- XXXX range at that time. Which had the Repo NOT been on I would have gotten the 1.9 %, they again had it all set until they pulled the car credit and the REPO was still showing, NOT only was it still showing, IT HAD JUST BEEN RE REPORTED AS CURRENT BY THE FURNISHER as of that month! Which means NOT only did they NOT correct it, they actually kept reporting it as a current issue. I again contacted XXXX, who then APOLOGIZED and admitted it was HIS human error that has caused it to NOT be removed and to be currently reporting, I also showed him that he had placed late and Missed payments on my report that were ABSOLUTELY NOT correct. THe missed and Lates were adding up due to the way they had my account all mixed up. The account that was listed as an INVOLUNTARY REPO was showing numerous late and missed pays when it was NOT it had been paid in full and it never had a balance due after it was paid off in XXXX. Additionally this when I was sent to another car dealership who felt that their strong relationship with a bank would allow them to use the apology letter to show it was an ERROR on the part of XXXX XXXX XXXX and that I was never late and all of my accounts are in GOOD STANDINGS with XXXX XXXX XXXX. WHen the finance MGR of the dealership sent the letter the lady from the bank came back while I was there with my two boys and stated, that I WAS A FRAUD AS WAS MY LETTER because there is NO way any finance company would admit this amount of guilt in writing, and put Equifax in the SAME guilty seat as them. Now they had caused my Character to be fully defamed and to not allow me to have any chance to get financing, and if anyone in the auto industry tried to finance me and she heard of it, she would inform them of my letter being a fraud. I even tried to explain that she could contact them directly to prove it was NOT a FRAUD. She said she would NOT waste her time. SO this was when numerous INQ were placed on my reports due to me HOPING and PRAYING that someone would help me. THe car I was currently driving was very messed up and VERY UNSAFE and it was From XXXX. They had me trade that car in and get two cars, one for me and one for my husband which they said that bc they had messed up so badly they would allow me to keep these cars until the credit report was cleared and then they would buy them back no problem. SO now let 's fast forward to XX/XX/XXXX, and I had done a great deal of research and found out about the FCRA, FACT ACT and CFPB act of protection. I sent them several emails with options to resolve my financial, emotional, physical, mental personal and professional damages. THe owner XXXX XXXX, got involved and stated her WOULD NOT NOT ONLY PAY ME ANY FINANCIAL RESTITUTION, BUT NOW HE WOULD NOT LET HIS AGENTS OR ANYONE IN HIS COMPANY CORRECT MY REPORT EVEN THOUGH IT WAS WRONG AND WRONG FROM THEM WITH THEIR FULL ADMITTANCE OF THEIR MISTAKE! I have that in an email which I will also attach. I tried with everything I could to get them to work with me, they then refused to do as they said and buy back the cars I was stuck with from them, and I was still paying their extortion rates of over 19 % interest rather than the 0.9 or 1.9 % I deserved and would have had if their company was not negligent in their FALSE, DAMAGING, HARMFUL, AND MORE WITH THEIR RECKLESS REPORTING to EQUIFAX. Each time I disputed the error with Equifax, they would come back and say that XXXX CONFIRMED THE INFORMATION TO BE ACCURATE AND IT WOULD STAND! MEANING they FORCED IT TO STAY ON EVEN AFTER ADMITTING IT WAS INACCURATE AND THEIR COMPANY 'S FULL MISTAKE, AND THAT MY ACCOUNTS WITH THEM WERE IN PERFECT AND GREAT STANDINGS AND THAT I HAVE FULFILLED ALL OF MY FINANCIAL OBLIGATIONS WITH THEM. Each time this happened, I would reach out to XXXX who would either IGNORE ME AND MY EMAIL REQUEST FOR THEIR HELP, OR THEY WOULD TELL ME VIA THEIR SALES MGR THAT EQUIFAX NEVER CONTACTED THEM AND THEY NEVER REAFFIRMED THE REPORTING SHOULD STAND. I finally sent a demand letter to Equifax stating that I will take them to Federal court if they did NOT fix my report, it was then and ONLY then that they paid attention to me and called me to discuss my issues. Most attorneys did NOT want to take my case because they know that BUY HERE PAY HERE LOTS are SCAM ARTISTS And they do n't show a lot of money on the books so it is hard to get any money out of them. However I was able to find an attorney that would take the case and make it a co case of XXXX and EQUIFAX. They said they have had to sue EQUIFAX on a daily basis because this is their normal business practice. It has been admitted that Equifax and the other XXXX of the big XXXX, feel that it is easier to pay off the few hundred consumers per year that take it this far, rather than hiring and employing the proper staff to do the claims investigations the correct way, which as you know all too well, is what they have agreed to do in order to stay in business. They have been sued so many times they mainly settled out of court now because they know they take the risk of a judge and Jury awarding 3 to 5 times the amount that a consumer will accept in a settlement without a lengthy court battle. In addition they are aware that the Federal courts ARE TIRED OF THEM CONTINUING THEIR ILLEGAL BEHAVIORS AND DISREGARD FOR THE CONSUMERS. Well XXXX HAS stated to me that no matter what they will NOT remove the inaccurate info, because they DO N'T WANT TO OR HAVE TO! OnXX/XX/XXXX I sent the written demand to Equifax explaining that I want FINANCIAL compensation from them and if not I will proceed to federal court. Well, on XX/XX/XXXX I got a call from 2 separate people in the Equifax corporate office, looking to help get the item/s removed from my report. They said that without taking them to court they would NOT pay any kind of restitution. That is also whet XXXX Said, XXXX said that if I take them to court they are protected and I will get NOTHING and have to pay their court cost. WHich from what I have researched is FAR from the TRUTH! I have all the written proof that they are NEGLIGENT and with their continued admitted refusal it shows their WILLFUL INTENT TO CAUSE HARM TO ME AND MY FAMILY. Which again from myresearch and speaking to attorneys and research on you the FCRA, FACT ACT and the Consumer FInancial protection act THEY ARE WRONG! And I am entitled to damages they have caused my family since they placed the INACCURATE info and were notified of it. They agreed to remove it and did not and then stated they WONT remove it and do n't are what I do or say, or what happened to me and my small children! On XX/XX/XXXX The representative from Equifax contacted XXXX XXXX XXXX with me on the phone, The secretary stated that XXXX, who is the ONLY one that can authorize the removal of the inaccurate HARMING, DAMAGING, CHARACTER DEFAMING ETC, INFO. SHe said he was in a meeting and she would NOT disturb him. She said that she will have him contact Equifax Rep, when he got out. It may be that day or the next, he will do it at his earliest convenience. SO XXXX XXXX, the Equifax agent, told me that when she hears back from XXXX she will conferenced me in. Well she contacted me the next day XX/XX/XXXX without XXXX on the phone. She stated that he did agree to allow her to remove the WORDS INVOLUNTARY REPO FROM MY REPORT, BUT HE WOULD NOT ALLOW HER TO REMOVE THE LATE PAYMENTS AND MISSED PAYMENTS EVEN THOUGH HE AGREED THAT THEY WERE WRONG AND INACCURATE! So again, EQUIFAX removed just the wording of INVOLUNTARY REPO, but that is ALL they did and that is ALL that XXXX would allow them to do. Even though they knew that it was causing me DETRIMENTAL DAMAGE, and causing me to pay EXCESSIVELY HIGH FEES on anything with interest. THe Equifax rep told me that XXXX REFUSED to speak to her with me on the line because they wanted NOTHING to do with me, and if I was going to sue them then they will not help me in any way. Equifax proved at that point that they had NEVER actually contacted XXXX as they said they had, and if they did and XXXX refused it to be removed, they should have required proof. I had sent EQUIFAX the letters of apology from XXXX and they still chose their side. XXXX claims in an email that he removed it via their internal systems, WHICH WAS ANOTHER LIE from them, which continued the damage and Harm to my family.
When we sat down and calculated our losses in a very conservative way and we have concluded that due to their intentional willful intent to cause and do HARM to my family and I financially, emotionally Physically, Personally, Professionally, I WAS UNABLE TO GET A JOB WITH THE REPO AND I LOST MY JOB MAKING {$75000.00} per year because of the excessive stress and physical damage they caused me, I was no longer able to perform my job duties. I explained all of this to them, and they did NOT CARE AND TOLD ME NOT THEIR ISSUE and they STILL WOULD NOT HAVE IT REMOVED. I then became unemployable because my job requires me to work with MONEY and very private and sensitive information of the company that I work for. I am NOT able to do that with a REPO on my report. It makes me look like I am IRRESPONSIBLE and NO company wants someone controlling their accounts that is FINANCIALLY IRRESPONSIBLE! The job I lost I had been working with since XXXX, so they did NOT pull my credit after the REPO was placed.
All and ALL, we are requesting a restitution FInancial Payment be made Immediately to me, of {$350000.00}. WE are willing to accept a reasonable counter offer if they also agree to remove every negative item they have EVER placed on mine and my husbands report, Including the repo they placed on him due to their lies of taking back the hunk of junks they told us to buy and they would buy them back as part of their apology. Additionally they allowed My niece and Nephew to take over payments on the van that I had NOTHING but issues with. My nephews father is a mechanic and he was able to finally fix it the right way after XXXX charged us more than {$500.00} in repair bills added with interest that they continued to incorrectly fix. They did this with the XXXX that was in my husbands name as well, which we let them take back because they should have done it when they said, and had they fixed my credit in XXXX as they said they would, we would have never had to get their piece of JUNK cars to start with, SO all of it is on them. I also want the Van that has been MORE than paid for, TO be paid in full with a clear title given to my niece and Nephew!
Also I can more than prove it was the REPO holding me back from getting financed, because the car I currently have is at 9 % instead of the 0 % it should have been at, but the ONLY way XXXX even gave me that deal was I showed them the APOLOGY LETTERS FROM XXXX, ALONG WITH THE LETTER FROM THE OWNER XXXX XXXX STATING THEY WILL NOT REMOVE IT EVEN THOUGH IT WAS THEIR MISTAKE! SO that is PROOF POSITIVE that it has BEEN ALL OF THEIR WRONG DOING ALL ALONG. OH and I also had to send that same info to XXXX to get my credit card. However instead of getting a {$5000.00} limit I was given a XXXX limit and instead of getting 0 % for the 2 years I only got the 0 % for 9 months. SO now because I have come to the end of being able to handle the enormous financial burden their negligence has and continues to cause me and my family, WE are in a spot that our payments are late for the first time EVER, and that we are unable to pay our bills because we have been paying the ENORMOUS RATES FOR SO LONG WE JUST HAVE FUN OUT OF MONEY TO KEEP DOING IT!! I HAVE TRIED SO MANY WAYS AND TIMES TO GET THEM TO SETTLE AND THEY CONTINUE TO REFUSE TO DO THE RIGHT THING! I pray for the safety, health and well being of my children you will be able to get them to make us whole again, after waiting for right at the 2 year mark. I do have an attorney looking into the case for Equifax, however, I will also file a complaint against them and share the info with you regarding their part more in detail as well as XXXX 's being a co conspirator with their negligence just as Equifax is a co conspirator with XXXX. If you are able to use this as the info is the same, and the documentation is the same for the most part, and file this against XXXX XXXX XXXX XXXX and EQUIFAX CREDIT AGENCY I WOULD SO APPRECIATE THAT. If NOT I just want to say, I appreciate you help getting this matter resolve once and for all!
So to recap, We want Restitution in the form of {$350000.00}. and or If they agree to absolutely remove every negatively reported item on Mine and my husband XXXX XXXX XXXX 's reports that they have sent to the credit reporting agencies, along with Providing a CLEAN AND CLEAR PAID IN FULL TITLE to the Van Under my niece XXXX XXXX, then we will entertain a lower offer.
Please make sure it is clear that they have HARD COST me, {$15000.00} in 2 years of work, due to the stress, they have factually hard cost me to pay 9 % higher on a XXXX car, due to had this been corrected I would have received 0 % interest, and I would have had that rate 2 years ago, and never had to pay them the EXTORTION RATES OF 19 % on the 2 piece of XXXX cars I had no choice but to take from them, because their negligence and willful intentional intent to cause harm left me with no other options of buying cars from them, One could argue that they do this to everyone so they are FORCED TO RELY ON THEM FOR CARS, AND GET TO KEEP CHARGING THE EXCESSIVE RATES OF 19+ PERCENT ON TOP OF THE EXTREMELY OVER PRICED CRAP CARS THEY SELL! I am sure that has a legal name, and whatever it is, I would think it is a punishable act, and if so I would like that to be imposed should they refuse to settle my claim promptly!
I appreciate your prompt attention in this matter, and your assistance in getting this resolved is GREATLY appreciated.
WE know that if there is ever an agency that TRULY FIGHTS for consumer rights it is YOU GUYS and we ca n't express how much we appreciate you!!
THANKFUL, XXXX and XXXX XXXX
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| 03/18/2023 |
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- Credit reporting, credit repair services, or other personal consumer reports
- Credit reporting
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- Incorrect information on your report
- Information belongs to someone else
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Hello my name is XXXX XXXX XXXX AS OF XX/XX/XXXX XXXX AND EQUIFAX still hasnt removed the accounts that are associated with Fraud AS I HAVE RECENTLY DISPUTED WITH BOTH CREDIT REPORTING AGENCY AS OF XX/XX/XXXX I have sent over a state. Attorney Generals report a FTC complaint a XXXX complaint a California consumer protection and innovation complaint about the accounts that are reporting on my consumer profile. They stated in my last complaint here with the CFPB that they removed these accounts. That is not the case in the accounts continue to report fraudulently on my consumer profile Im requesting under the 15 USC 1681B c-2 that information that has been procured from identity theft be blocked completely blocked. 15 USC 1681 ( a ) ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy I demand a deletion of all personal identifiable information from my consumer credit report with the exception of : XXXX. My Full Legal Name : First & Last Name XXXX. My Address : Address, City, State Zip Please delete all other addresses, I can not receive mail or any correspondence nor do I have access to any of these addresses please delete these utdated ddresses and update the address with the one above.also Delete any and all other phone numbers.
1 demand my social security number and date of birth be removed from being displayed on the credit file for privacy reasons.
Delete all information in the employer section.
Pursuant to the FAIR CREDIT REPORTING ACT 15 USC 1681 ( a ) ( 4 ), I am a federally protected consumer and I have a right to privacy. Not granting me my rights is in direct violation of 15 USC S1681 and all its subsections NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT RE : Equifax which continues until this date to report Unauthorized inquiries to my consumer report ; demand for Deletion and {$1000.00} Settlement. yes, these are the associated accounts. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX To : Whom it may concern at EQUIFAX/ XXXX You are in violation of the Fair Credit Reporting Act ( " FCRA '' ), [ 15 U.S.C 1681b ( a ) 3 ( f ) ( i )., for unlawfully obtaining my " XXXX '' EQUIFAX consumer report without my authorization or a permissible purpose under the 15 USC 1681 Fair Credit Reporting Act ( FCRA ] and its guidelines for permissible purpose.
" A person shall not use or obtain a consumer report for any purpose unless ; XXXX. The consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section.
XXXX. The purpose is certified in accordance with section 1681b ( f ). Chester v. Purvis, 260 F. Sup 2d711 ( S.D. Ind. 2003 ).
15 USC {$16000.00} ( c Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 3 ) Information regarding inquiries ; Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any _person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer This is also a cease and desist of, the fraudulent accounts to being reported and any reporting is as such as collection activities. This is my second CFPB complaint with XXXX about the accounts. XXXX XXXX XXXX XXXX Date OpenedXX/XX/XXXX AMOUNT {$46000.00} ) ( XXXXXXXX XXXX XXXX DATE OPENED XX/XX/XXXX Original amount {$21000.00} ) fraudulent XXXX XXXX XXXX XXXX XXXX XXXX |