{"took":369,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":15,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"16757276","_score":14.851444,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Company Name : Citibank , N.A . ( Citibank XXXX XXXX ) Product : Credit card or prepaid card Sub-product : Store credit card Issue : Problem with a credit reporting company 's investigation into an existing problem Sub-issue : Investigation took more than 30 days WHAT HAPPENED : I am filing this complaint regarding Citibank 's failure to properly verify account information being reported to credit bureaus and their contradiction in claiming they can not locate my account while continuing to report it. \n\nDETAILED DESCRIPTION : I have a closed credit card account with XXXX XXXX XXXX XXXX that was issued by Citibank XXXX XXXX ( Account # XXXX ). This account appears on my credit reports with late payment history. \n\nI sent a goodwill letter to Citibank 's address ( XXXX XXXX XXXX, XXXX XXXX, SD XXXX ) requesting verification and adjustment of the account information. \n\nOn XX/XX/XXXX, I received a response from Citibank 's Cardmember Services - Credit Management Department stating : \" We received your credit reporting dispute. After reviewing the documentation provided, we do not have sufficient information to investigate the dispute because we can not : Determine the exact information on your credit report which you are disputing. \nLocate your account. '' CONTRADICTION AND ISSUE : Despite Citibank claiming they can not locate my account, this same account continues to be reported to the credit bureaus. My XXXX  credit report ( updated as recently as XX/XX/XXXX ) shows the account as \" XXXX XXXX & XXXX '' with the contact address matching Citibank 's XXXX XXXX location. \n\nThis creates several violations : 1. Citibank is reporting information they claim they can not verify or locate 2. This violates the Fair Credit Reporting Act 's requirement that furnishers maintain reasonable procedures to ensure accuracy 3. When a consumer disputes information, furnishers must investigate - Citibank refused to investigate by claiming they can not locate the account WHAT I WANT : 1. Citibank to either properly investigate and verify the account information OR cease reporting it to credit bureaus 2. If Citibank truly can not locate the account, they must request deletion from all credit bureaus 3. Written confirmation from Citibank regarding the resolution 4. Compensation for damage to my credit and the time spent resolving this issue SUPPORTING DOCUMENTS : - Citibank letter dated XX/XX/XXXX - Credit report showing the account still being reported - Evidence of my goodwill letter sent to Citibank","date_sent_to_company":"2025-10-22T13:11:02.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"78414","tags":"Servicemember","has_narrative":true,"complaint_id":"16757276","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CITIBANK, N.A.","date_received":"2025-10-22T13:04:51.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["Company Name : Citibank , N.A . ( Citibank XXXX XXXX ) Product : <em>Credit</em> card or prepaid card Sub-product : <em>Store</em> <em>credit</em> card Issue : <em>Problem</em> with a <em>credit</em> <em>reporting</em> company 's <em>investigation</em> into an <em>existing</em> <em>problem</em> Sub-issue : <em>Investigation</em> took more than 30 days WHAT HAPPENED : I am filing this complaint regarding Citibank 's failure to properly verify account information being <em>reported</em> to <em>credit</em> bureaus and their contradiction in claiming they can not locate my account while continuing to <em>report</em>"],"product":["<em>Credit</em> <em>reporting</em> or other personal consumer reports"],"issue":["Incorrect information on your <em>report</em>"],"sub_product":["<em>Credit</em> <em>reporting</em>"]},"sort":[14.851444,"16757276"]},{"_index":"complaint-public-v1","_id":"16758190","_score":14.801704,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Company Name : XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX ) Product : Credit card or prepaid card Sub-product : Store credit card Issue : Problem with a credit reporting company 's investigation into an existing problem Sub-issue : Investigation took more than 30 days WHAT HAPPENED : I am filing this complaint regarding XXXX 's failure to properly verify account information being reported to credit bureaus and their contradiction in claiming they can not locate my account while continuing to report it. \n\nDETAILED DESCRIPTION : I have a closed credit card account with XXXX XXXX XXXX XXXX that was issued by XXXX XXXX XXXX ( Account # XXXX ). This account appears on my credit reports with late payment history. \n\nI sent a goodwill letter to XXXX 's address ( XXXX XXXX XXXX, XXXX XXXX, SD XXXX ) requesting verification and adjustment of the account information. \n\nOn XX/XX/XXXX, I received a response from XXXX 's XXXX XXXX XXXX XXXX XXXX Department stating : \" We received your credit reporting dispute. After reviewing the documentation provided, we do not have sufficient information to investigate the dispute because we can not : Determine the exact information on your credit report which you are disputing. \nLocate your account. '' CONTRADICTION AND ISSUE : Despite XXXX claiming they can not locate my account, this same account continues to be reported to the credit bureaus. My Experian credit report ( updated as recently as XX/XX/XXXX ) shows the account as \" XXXX XXXX & XXXX '' with the contact address matching XXXX 's XXXX XXXX location. \n\nThis creates several violations : 1. XXXX is reporting information they claim they can not verify or locate 2. This violates the Fair Credit Reporting Act 's requirement that furnishers maintain reasonable procedures to ensure accuracy 3. When a consumer disputes information, furnishers must investigate - XXXX refused to investigate by claiming they can not locate the account WHAT I WANT : 1. XXXX to either properly investigate and verify the account information OR cease reporting it to credit bureaus 2. If XXXX truly can not locate the account, they must request deletion from all credit bureaus 3. Written confirmation from XXXX regarding the resolution 4. Compensation for damage to my credit and the time spent resolving this issue SUPPORTING DOCUMENTS : - XXXX letter dated XX/XX/XXXX - Credit report showing the account still being reported - Evidence of my goodwill letter sent to XXXX","date_sent_to_company":"2025-10-22T13:11:02.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"78414","tags":"Servicemember","has_narrative":true,"complaint_id":"16758190","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2025-10-22T13:10:36.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["Company Name : XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX ) Product : <em>Credit</em> card or prepaid card Sub-product : <em>Store</em> <em>credit</em> card Issue : <em>Problem</em> with a <em>credit</em> <em>reporting</em> company 's <em>investigation</em> into an <em>existing</em> <em>problem</em> Sub-issue : <em>Investigation</em> took more than 30 days WHAT HAPPENED : I am filing this complaint regarding XXXX 's failure to properly verify account information being <em>reported</em> to <em>credit</em> bureaus and their contradiction in claiming they can not locate my account while continuing to <em>report</em> it."],"product":["<em>Credit</em> <em>reporting</em> or other personal consumer reports"],"issue":["Incorrect information on your <em>report</em>"],"sub_product":["<em>Credit</em> <em>reporting</em>"]},"sort":[14.801704,"16758190"]},{"_index":"complaint-public-v1","_id":"20873277","_score":11.101193,"_source":{"product":"Credit card","complaint_what_happened":"I have been a victim of an ongoing account takeover on my Bank of America XXXX XXXX XXXX credit card since XX/XX/year>. Despite multiple new cards, a full phone factory reset, purchasing a brand-new secured computer with XXXX, XXXX all passwords, enabling two-factor authentication everywhere, and avoiding XXXX XXXX, my card was compromised again within XXXX hours of the latest replacement. \n\nBank of America XXXX confirmed that the Visa/Mastercard Account Updater for XXXX was never canceled, even though I canceled my XXXX account XXXX XX/XX/year>, and specifically requested it be blocked. This updater service continues to push my new card details to XXXX ( or whoever is exploiting the lingering token ), bypassing all my security efforts. This is not simple card-not-present fraudit is sophisticated recurring fraud where attackers obtain my card number without the physical CVV. \n\nI have called the fraud department repeatedly, asked for supervisors and investigators each time, and used the term account takeover. Front-line representatives and supervisors appear untrained on this issue, often misunderstanding it as routine billing or account update problems. They state there is no one else to speak with, provide incorrect phone numbers, claim cases are closed/rectified ( when they clearly are not ), and end calls without resolution. They simply issue new cards, which restarts the cycle due to the uncanceled updater. \n\nThis has caused significant harm : I paid late fees on legitimate bills because auto-pays were disrupted by fraud alerts/holds. \n\nI incurred the cost of a new computer for secure account management. \n\nI am in the middle of a home remodeling project, and any forced account closure or credit score impact from increased utilization ( or shortened history if closed ) could raise my interest rates on loans or complicate financingsomething I have worked years to avoid as someone with a background in mortgage banking. \n\nMy bill pay companies are starting to question the repeated fraud explanations, making me fear they will stop believing me and treat this as non-payment. \n\nI request the following specific remedies from Bank of America : XXXX. Do not close my account. Instead, perform a full security reset : issue a new account number while preserving my existing relationship, long-term payment history, XXXX  XXXX miles/rewards XXXX and credit reporting status to avoid any negative impact on my credit score or utilization during my home remodeling. \n\nXXXX. Immediately and permanently disable/cancel all Account Updater linkages ( especially XXXX and any similar merchants ), revoke every digital wallet/token, and confirm no lingering stored payment information exists. \n\nXXXX. Provide written confirmation of all actions taken, including details of the investigation into the root cause of the account takeover. \n\nXXXX. Reimburse me for out-of-pocket costs directly caused by this mishandling : the cost of the new computer, any late fees paid, and any other documented expenses. ( I can provide receipts. ) XXXX. Zero-liability protection on all fraudulent charges and no negative reporting related to this fraud. \n\nI have already taken extensive steps to secure my devices and accounts, yet the problem persists solely due to Bank of Americas failure to properly manage the updater service and escalate my case. This violates their obligations under Regulation Z and fair banking practices. I have started to documented every call with dates, representative details ( or lack thereof ), and outcomes. I have requested transcripts for my conversations with XXXX and Bank of America since XXXX I was informed that it required a legal entity to provide exact details. \n\nThank you, XXXX XXXX","date_sent_to_company":"2026-04-02T04:25:32.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"General-purpose credit card or charge card","zip_code":"97080","tags":null,"has_narrative":true,"complaint_id":"20873277","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2026-04-02T04:08:36.000Z","state":"OR","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit card company isn't resolving a dispute about a purchase on your statement"},"highlight":{"complaint_what_happened":["Instead, perform a full security reset : issue a new account number while preserving my <em>existing</em> relationship, long-term payment history, XXXX  XXXX miles/rewards XXXX and <em>credit</em> <em>reporting</em> status to avoid any negative impact on my <em>credit</em> score or utilization during my home remodeling. \n\nXXXX."],"product":["<em>Credit</em> card"],"issue":["<em>Problem</em> with a purchase shown on your statement"],"sub_product":["General-purpose <em>credit</em> card or charge card"],"sub_issue":["<em>Credit</em> card company isn't resolving a dispute about a purchase on your statement"]},"sort":[11.101193,"20873277"]},{"_index":"complaint-public-v1","_id":"2977738","_score":8.054557,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"My name is XXXX XXXX and I am sending this message on behalf of my mother, XXXX XXXX XXXX. My mother is XXXX years old and lives with me due to health issues. My mother has XXXX XXXX which has impaired her XXXX XXXX to the point that she has not been able to drive for the past year. My mom has recently been a victim of identity theft and credit card fraud which included unauthorized purchases on her XXXX  credit card that is issued and administered by Wells Fargo. I made contact on XX/XX/XXXX to report the fraud and as of today have yet to receive an appropriate resolution. Since Wells Fargo has yet to provide me with any documentation such as an affidavit of fraud and forgery, I feel it is necessary for me to document the occurrences I have experienced over the last month regarding this issue.\n\nOn XX/XX/XXXX, XXXX XXXX received a call from XXXX XXXX regarding an attempted charge on her XXXX XXXX card. She informed them that she was at home and was not attempting to make any purchases. At that time the representative notified her that they would cancel her card and deny the transaction. At this time we confirmed that all of her credit cards were in her possession.\n\nOn XX/XX/XXXX, XXXX XXXX received a credit card in the mail for a store by the name of XXXX. She immediately showed me the card and stated that she did not even know what store this was. I called the number on the back of the card to report that this card was opened and was not my mother. They informed me that they were closing the card and would send me an affidavit to sign and return stating that this card was not authorized to be opened by her. They also informed us that this card was opened at a store in XXXX and used on the same day for purchases in the amount of {$480.00}.\n\nOn XX/XX/XXXX, XXXX XXXX received a credit card in the mail for a store by name of XXXX. Once again she immediately showed me the card and stated that she had not been to an XXXX store and did not open a card. I called the number on the back of the card to report that this card was opened and was not my mother. They inform due that they were closing the card and would send me an affidavit to sign and return stating that this card was not authorized to be opened by her. They also informed us that the card was opened at a store in XXXX  and was used on the same day for purchases in the amount of $ {$490.00}.\n\nAlso on XX/XX/XXXX, XXXX XXXX received a credit card statement from XXXX XXXX. This is an active card that she has had for years and has not used it in a very long time. The statement had charges in the amount of $ {$1200.00} ( {$850.00} at a mall in XXXX and {$440.00} at a mall in XXXX   County ).\n\nBased on the events above, we came to the conclusion that we possibly had a bigger problem on our hands. At this time a call was placed to XXXX to place a freeze on her credit so that no other new cards could be opened in her name. The confirmation number is XXXX. They sent notification to the other two credit bureaus. I received notification via mail from XXXX and XXXX acknowledging the freeze. After completing this step, we retrieved XXXX XXXX credit report from XXXX to ensure no other accounts had been opened. Once we determined that there was not any other new accounts, I began to review all of her other accounts online to determine if there was any other unauthorized activity on her other active credit card accounts. Upon that review we identified that a few other accounts had fraud on them : XXXX- {$450.00} on XX/XX/XXXX @ XXXX XXXX XXXX XXXX- {$1100.00} in XXXX  & {$1900.00} in XXXX XXXX on XX/XX/XXXX. An attempted transaction on the XX/XX/XXXX in XXXX  which the purchase that prompted the call to my mom on that day to inquire if she was attempting to make the charge.\n\nXXXX : XX/XX/XXXX- {$690.00}, {$330.00}, {$120.00}, {$880.00} @ XXXX XXXX XX/XX/XXXX- {$960.00} and {$420.00} @ XXXX XXXX XX/XX/XXXX- {$1000.00}, {$300.00} @ XXXX XXXX XXXX   XX/XX/XXXX- {$780.00} @ XXXX XXXX All of the above Merchants were contacted on XX/XX/XXXX. Everyone with the exception of XXXX/Wells Fargo, provided me with a case number followed up by an affidavit of fraud and forgery to complete and return. Along with notifying the impacted merchants, we also took the liberty to contact all other credit card companies that XXXX XXXX had accounts with. We informed them of her current situation and each one of them recommended that her existing card be closed and new one be issued just to be cautious. They also recommended that we go online and set up any alerts that we possibly could in their online system to receive notification of any future purchases. On cards where that was the option, we set alert limits at {$150.00} to be sent via text and email.\n\nIn regards to the initial claim filed with XXXX/Wells Fargo, I have been less that satisfied with how this has been handled. After my initial call, I received no affidavit of forgery or request for additional information. The first contact we have had with XXXX  after our verbal claim on XX/XX/XXXX was a letter dated XX/XX/XXXX which stated the following- Our investigation shows that the activity was verified at time of the transaction. Any temporary credit you may have received will be reversed and the amount will be reapplied to your balance. On XX/XX/XXXX, I placed a call to XXXX and spoke with someone by the name of XXXX. In speaking with him he stated that the charge in the amount of {$490.00} on XX/XX/XXXX was proven to be valid and that is why the claim was declined. I informed him that we were not disputing the charge @ XXXX in XXXX  on that date or for that amount as that was a valid charge. It was the other nine charges ( listed above ) that were in dispute. I explained that I was very specific with this information when filing the claim on XX/XX/XXXX. He informed me that the claim was filed wrong and the he would have to submit it for reconsideration. He asked if I had filed a police report and I informed him that I had not. Being that this had never happened to us before, we were not sure of what steps needed to be taken completely. He told me at that time that it might help my claim if I was to file a police report. I agreed and stated that I would take that step as soon as we hung up the phone. I expressed to him at that time that I was very disappointed that we were back at square one due to the first agent filing the claim incorrectly. I also asked him why had I not received an affidavit of fraud or forgery as I did with the other impacted merchants. He never answered the question and explained that he was submitting the claim and someone would in contact. On XX/XX/XXXX, I called to inquire about the status of the claim. Initially I spoke with an agent by the name of XXXX. Somehow were disconnected so I called back and spoke with an agent by the name of XXXX. In speaking with him he stated that he would resubmit the claim and I should hear back within 7-10 days. I questioned if XXXX and done so upon speaking with him on XX/XX/XXXX, why would he need to do the same thing? This made me question whether XXXX had completed what he promised he would do when we spoke. At this time I had filed a police report so I provided XXXX  with that number. After my interaction with XXXX, I hung up but did not feel good about the conversation or how it appeared that XXXX  did not do what he promised. XXXX did not ask for the officers number or the police station that I filed the claim. I called back and spoke with an agent by the name of XXXX. I asked to speak with a manager in which she stated that there was not one on site. I asked if she was in a call center in which she replied yes. I stated that I found it hard to believe that there was not one on site. She changed her statement saying that one was not available. I explained why I needed to speak with one in which she recommended that I contact the Executive Offices. She provided me with that information and we ended our interaction. On XX/XX/XXXX, I received a call from XXXX  with the Executive Offices. I explained the situation to her and after speaking with XXXX XXXX to confirm that I am handling this on her behalf, she listed to complaint further. Once again, I expressed concern that no affidavit of forgery was sent to us allowing us the chance to formally dispute the charges. She did not speak to why this was the case but once again assured that this would be reviewed and that I would hear something within 10 days. For the first time since reporting this issue on XX/XX/XXXX, I received a tracking number # XXXX. XXXX  informed me that the research analyst assigned to this case would be XXXX XXXX. She provided me with her number and her ext in the event that I had any questions/concerns. Most recently, I received a letter dated XX/XX/XXXX stating the following, The fraud department has advised us that your claim has been denied. However, you may have this decision reconsidered. On XX/XX/XXXX, I made contact with XXXX  and she informed me that the case was actually being researched by XXXX XXXX but that she was out of the office. XXXX then took the time to review the file and informed me that she was going to open a new case ( ID XXXX ). She asked me to email and to fax over any statement of supporting information that would support my claim and request for reconsideration. I expressed my frustrations with her and ONCE again questioned why I had not received an affidavit of fraud or forgery to sign. Just like the other agents I have spoken with, she did not address that concern but instead apologized for my experience and assured me that she would try to help. During this conversation she informed me that due to a new case number being assigned, they would need to have my mothers permission to speak to them on her behalf regarding this issue ( regardless of the fact that this had been obtained multiple times since XX/XX/XXXX ) and by the Executive Offices on XX/XX/XXXX. She explained that this was policy and I expressed that I felt this was another attempt of XXXX/Wells Fargo to prolong the investigation and to complicate matter for my mother to find resolution. XXXX XXXX was out of town on XX/XX/XXXX when I spoke with XXXX  and I informed her that she would return on XX/XX/XXXX and we would make the call as soon as she returned. This called was placed and a message was left for XXXX on XX/XX/XXXX @ XXXX XXXX. I would also like to note that when speaking with XXXX on XX/XX/XXXX, I stated that my payment was due on XX/XX/XXXX. I asked if I need to make the minimum payment and I was told no since the account was under review. Due to this, no payment was made. I received my statement for this month and it shows a past due balance due to no payment last month. I will be making the minimum payments this week as I acknowledge the charge of {$490.00} conducted on XX/XX/XXXX @ XXXX  was my mothers. I do request that the late fee be refunded and that it not reflected as late on her credit due to misinformation.\n\nAs you can see from the narrative above, a lot of time has been spent regarding this issue ( especially with XXXX/Wells Fargo ). Other merchants/credit cards companies have been very communicative and diligent in the handling of this issue. XXXX  had already concluded their investigation and have sent a letter stating that the matter is closed and resolved. Attached to this email are the following : 1 ) Letters from XXXX   and XXXX showing that contact was made to place a freeze on XXXX XXXX credit.\n\n2 ) Letter from XXXX XXXX regarding the XXXX account that was opened as part of identify fraud. This letter shows that the investigation is closed and there is NO liability.\n\n3 ) Video still image from XXXX  police showing the individual who opened the account at XXXX  in XXXX XXXX name.\n\n4 ) Copy of XXXX XXXX Drivers license.\n\n5 ) Copy of Police report filed with the XXXX PD. It was filed on XX/XX/XXXX with Officer XXXX @ XXXX. Police report number is XXXX. When speaking with Officer XXXX, he stated that he would forward my case to the other precincts on my behalf. Soon after, I did receive a call from XXXX PD- Officer XXXX XXXX . His phone number is XXXX and the case number is XXXX.\n\nAs I have stated multiple times, XXXX XXXX is willing to visit any XXXX  or Wells Fargo location to identify herself and to sign any affidavit necessary to resolve this matter. If she is familiar with who the individual is after reviewing pictures/video, she is more than willing to provide information and to prosecute. This claim has been denied twice ( once due to the first claim being filed incorrectly ) and is now under review for a third time under a new case number. I am asking that any documentation that can be obtained via video or otherwise, be used along with the information that I have provided to clear this case. If this case is to be declined a third time I am requesting the following : Contact number to the highest representative in the Executive Office.\n\nDetails of any efforts made along with and specific information obtained from the transaction to reach an unfavorable conclusion ( including any footage obtained from store ).\n\nDocumentation on what is protocol within your organization once someone reports fraud ( what is required of the customer and how is this communicated ).\n\nAttorney name and address to forward any legal correspondence to.\n\nName and contact of individual at Wells and XXXX  to forward all media inquires to.\n\nI appreciate your assistance in helping to resolve this issue as quickly as possible. If there are any additional questions or request for documentation- please feel free to contact XXXX XXXX at XXXX or myself at XXXX.","date_sent_to_company":"2018-07-31T22:25:26.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"Store credit card","zip_code":"75075","tags":"Older American","has_narrative":true,"complaint_id":"2977738","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2018-07-31T22:10:21.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit card company isn't resolving a dispute about a purchase on your statement"},"highlight":{"complaint_what_happened":["At this time we confirmed that all of her <em>credit</em> cards were in her possession.\n\nOn XX/XX/XXXX, XXXX XXXX received a <em>credit</em> card in the mail for a <em>store</em> by the name of XXXX. She immediately showed me the card and stated that she did not even know what <em>store</em> this was. I called the number on the back of the card to <em>report</em> that this card was opened and was not my mother."],"product":["<em>Credit</em> card or prepaid card"],"issue":["<em>Problem</em> with a purchase shown on your statement"],"sub_product":["<em>Store</em> <em>credit</em> card"],"sub_issue":["<em>Credit</em> card company isn't resolving a dispute about a purchase on your statement"]},"sort":[8.054557,"2977738"]},{"_index":"complaint-public-v1","_id":"2695824","_score":7.0586567,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"The Fair Credit Reporting Act ( FCRA ) requests the Credit Reporting Agencies to have physical copies in their files of documentation to support each account being reported on. I am also aware the that the creditor pays the credit bureau to report a negative item and the creditor also pays the credit bureaus each time they pull a consumers credit report. I am also aware that credit bureaus are a for profit business and they are paid to put items on a consumers credit report and they are also paid when that same creditor pulls a consumers credit report. This is a conflict of interest because any creditor can essentially report whatever they want about a consumer whether it is correct or not. I know that the FCRA is supposed to protect the consumer and govern the activities of the Credit Reporting Agencies as well as regulate how they report information about a consumer. I have studied this Federal Law and also studied the case law established in various court cases pertaining to various sections of the FCRA and the FCRA requires that all Credit Reporting Agencies ARE SUPPOSED TO VERIFY ALL INFORMATION RECEIVED from the creditors BEFORE this information is added to a consumers credit file. \nProper verification according to established case law involves the credit bureau having copies of the original signed credit application in their files. That means the credit bureau is required to have a copy of my credit application that I signed when I opened a credit account with the creditor in their files. The credit bureaus is supposed to have it in their files to show that they have indeed verified the information and the account belongs to me and to show that they verified the information before they placed it on my credit report. \n\nPage 35 of the FCRA : 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 : - Paraphrase : The information in the credit bureaus files ( not the creditors files ), mentioned  about, is the information that the credit bureaus store in their computer base on every consumer. Then 610 ( a ) ( 1 ) [ 1681h ] identifies the proper identification  required ( drivers license and SS card ) plus a written request by the consumer. Basically this law says that if a consumer asks the correct way, in writing, and has properly identified themselves, the XXXX bureaus are required to disclose to the consumer exactly what documents are stored within their computer base that were used to verify the information that is being reported on them. FOR THAT I AM NOT REQUESTING ANY DOCUMENTS FROM THE ORIGINAL CREDITOR I AM REQUESTING THE DOCUMENTS / VERIFICATION COME FROM YOU THE CREDIT BUREAU. \nPage 37 of the FCRA : ( 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 Paraphrase : This means the credit bureaus will disclose the information requested to the consumer. \nPage 37 of the FCRA : ( 2 ), ( 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. Paraphrase :  There are XXXX instances revealed in subsection ( 2 ), ( E ), whereby accurate derogatory information can be removed. 1. ) If the information is outdated in Section 605. \nThe law requires the credit reporting agency to verify the credit information not the creditor. According to the FCRA, if a credit file is going to be reported on a consumers report it has to be properly verified BY THE CREDIT BUREAU. The FCRA states that the bureaus are the ones that have to keep this verification on file. This is in Section 609 of the FCRA and backed up by various established case law that the credit bureaus are required to send me a copy of the documents that they used to verify the account that I am disputing.\nIf you do not send me a copy of the document ( s ) used to verify the accounts that you are reporting then that means that you did not verify the account and the FCRA states that you are required to delete all unverified items. \nI am challenging your right to report. I am requesting proof of verification that is supposed to be in your files. If I do not receive this information from you then I will begin to exercise all legal remedies available to me under the FCRA. \nYou have already admitted in your response back to me that you now have to reach out to the creditors to verify information which is something that you should have done before these items were placed on my credit report. I do not have to contact the creditors because the information should have been verified as accurate before TransUnion made the decision to place this negative information on my credit report. That puts the burden of proof on TransUnion and not the consumer. All investigations were not previously performed in accordance with all applicable laws, policies, and procedures. You now admit that because now TransUnion has to reach out to creditors to verify if the information that was provided is accurate or not. That alone is a violation of the FCRA. I will not be requesting money from you, my attorney will once this information is provided that TransUnion never did their due diligence with the records they are supposed to maintain in your credit files. The inquiries on my credit report are not supposed to be there. I did not provide those companies my personal information. Those companies do not have any record of me doing business with them, therefore those companies should be deleted off of my credit report. You states that Credit information may be requested only for the following permissible purposes : credit transactions, employment consideration, review or collection of an existing account or other legitimate business need, insurance underwriting, government licensing, rental dwelling, or pursuant to a court order, however I have participated in neither of these things and can prove this a court of law. If TransUnion does their job during a proper investigation and reaches out for the correct information you will find that what I just said is true. Those companies will have no record of doing business with me, therefore they should not be listed on my credit report. My written authorization is very much required to constitute permissible purpose. This is my social security number, my personal information we are speaking about and if I advise you that I did not provide this information to these companies then you need to investigate properly and make them provide you the documentation showing the proof that I did being that TransUnion is the credit bureau reporting this information on my credit report defaming me. My signature is very well required to obtain any of my personal information and for TransUnion to respond to me saying that it is not is complete shows me that there is a problem with your reporting method. Therefore I am challenging TransUnion right to report. \nAny automated response or e-oscar verification is unacceptable. I DO NOT CONSENT TO E-OSCAR VERIFICATION. I am requesting a reinvestigation and your METHOD OF VALIDATION. I am aware that the credit bureaus employ all sorts of interesting automated tactics in an attempt to deal with deadlines. Yet many times the computerized methods fail to do their job properly. According to the law, the burden of proof is on the credit bureau and not the furnisher of the information and most importantly NOT THE CONSUMER ( ME ). \nAll records in TransUnion files under my SSN should be correct and have my signature. \nFurthermore, if at any time the account is validated I am requesting TransUnion METHOD OF VALIDATION pursuant to the FCRA, including the name of the person with whom TransUnion spoke, who has first-hand knowledge of the accounts in question I am maintaining a careful record of my communication with you for the purpose of filing a lawsuit against TransUnion should you continue in your non-compliance. I further remind you that, as in Wenger v. TransUnion Corp. No. 95-6445 ( C.D.Cal. Nov. 14, 1995 ), you may be liable for your willful non-compliance. YOU ARE NOT COMPLYING WITH MY REQUEST FOR INFORMATION TRANSUNION IS MAINTAINING IN THEIR FILES. NOT THE CREDITORS YOU REPORT FOR. I DO NOT WANT TO BE CONTACTED VIA CREDITOR. I DO NOT WANT A CREDIT REPORT SENT TO ME AS AN ANSWER. I WANT YOU TO RESPOND BACK TO VIA THE CONSUMER FEDERAL PROTECTION BUREAU. \nI am requesting the following be deleted and blocked : XXXX XXXX XXXX # XXXX XXXX # XXXX ACCEPTANCE NOW # XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX # XXXX XXXX # XXXX I am requesting the following inquiries be removed for if you properly investigate you will find that none of the companies listed have a record or any documents bearing my signature giving them the right to inquire about my credit : XXXX XXXX XXXX XXXX XXXX XXXX of XXXX via XXXX XXXX XXXX XXXX XXXX via XXXX XXXX XXXX XXXX via XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Bank XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Lending XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX via XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX via XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Also in response to the addresses that you have on file or me those should also be removed for they are not deliverable addresses to me per the FCRA. XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX XXXX XXXX XXXX XXXX TX XXXX XXXX XXXX XXXX XXXX XXXX TX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX following phone numbers should be removed for I have never owned these numbers and if you investigate properly you will find that you will not be able to find a contract listed to me for these numbers : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Please also remove the duplicate Employer name of XXXX  There should only be XXXX XXXX listed on my credit report under the XXXX XXXX. I sent this same request over to Transunion per certified ( now a legal document ) letter. The Certified receipts are as follows : XXXX Received by TransUnion on XXXX/XXXX/XXXX XXXX - Received by TransUnion on XXXX/XXXX/XXXX XXXX - Received by TransUnion on XXXX/XXXX/XXXX. I also sent a dispute to XXXX XXXX and they have not sent me any of the things that I requested in the validation letter. Therefore XXXX needs to be deleted. \nThis is my final goodwill response before I turn this matter over to a consumer rights attorney for TransUnion willful noncompliance.","date_sent_to_company":"2017-10-11T14:46:01.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"76017","tags":null,"has_narrative":true,"complaint_id":"2695824","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2017-10-07T16:14:46.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["The Fair <em>Credit</em> <em>Reporting</em> Act ( FCRA ) requests the <em>Credit</em> <em>Reporting</em> Agencies to have physical copies in their files of documentation to support each account being <em>reported</em> on. I am also aware the that the creditor pays the <em>credit</em> bureau to <em>report</em> a negative item and the creditor also pays the <em>credit</em> bureaus each time they pull a consumers <em>credit</em> <em>report</em>."],"product":["<em>Credit</em> <em>reporting</em>, <em>credit</em> repair services, or other personal consumer reports"],"issue":["<em>Problem</em> with a <em>credit</em> <em>reporting</em> company's <em>investigation</em> <em>into</em> an <em>existing</em> <em>problem</em>"],"sub_product":["<em>Credit</em> <em>reporting</em>"],"sub_issue":["Their <em>investigation</em> did not fix an error on your <em>report</em>"]},"sort":[7.0586567,"2695824"]},{"_index":"complaint-public-v1","_id":"8530532","_score":6.672532,"_source":{"product":"Credit card","complaint_what_happened":"[ see \" EXHIBIT A '' I uploaded for easier to read version ] On XX/XX/XXXX I was helping a person I know who was out of the country. Their business phone stopped working in that it could no longer send and receive text. The product ( a phone ) in question wasnt for myself XXXX XXXX couldnt fix the existing phone and told me I must buy a new phone. New phone had the same problem. They told me to wait overnight and said it would start working. It didnt. \nI returned the next day to return the phone and XXXX XXXX refused to take the defective new phone back. I still have the defective phone in my possession because they refused to accept the return. According to XXXX, the problem is probably related to their service on the specific number in question but I have no way of knowing if its the phone or the service or both. Regardless, a phone that doesnt text is unacceptable. \n\nBecause XXXX refused to accept the return on the very next day after the purchase, I disputed the charge XX/XX/XXXX I provided a detailed narrative which I am including in this complaint to the dispute department on the same day I initiated the dispute on XX/XX/XXXX. Alliant removed the charge from my credit card soon after According to the Disputes Department, the merchant has 30 days to respond which would be XX/XX/XXXX On XX/XX/XXXX Alliant put the charge back on the card. I immediately ( I believe XXXX XXXX or XXXX ) called in to re-open the dispute. \nI believe this late chargeback may be in violation of procedure and/or law as I could have easily missed it because I only saw it because I was looking for something else, which is rare. My be on alert for chargeback '' ended XXXX. \nAlliant charged it back to me far past the 30 day deadline for the merchant which was XX/XX/XXXX. I escalated to supervisor XXXX XXXX then switched to XXXX XXXX at Alliant to re-open the dispute. XXXX took over for XXXX XXXX. \nFor a month, XXXX XXXX was telling me he was re-opening the dispute on my behalf. \nOn XX/XX/XXXX XXXX XXXX sent me an email at XXXX telling me there is nothing he can do and the charge stands because I didnt return the phone ( I tried, the store refused to take it back ) I emailed XXXX XXXX to call me, but he didn't. I called to talk to him, he wouldnt take my call. This happened multiple times during the month. XXXX XXXX has very poor follow-up and to talk to him always took a huge effort on my part On XX/XX/XXXX I called XXXX XXXX at XXXX which is the 3rd party vendor Alliant uses to handle credit card disputes and spoke to XXXX who is a fraud and disputes investigator. XXXX told me Alliants deadline to re-open the dispute was XX/XX/XXXX ( one day before XXXX XXXX sent me an email at XXXX telling me the charge against me stands ). He also read through the case notes and told me what was really happening with my case and it was inconsistent with what XXXX XXXX was telling me. XXXX also told me that Alliant has the option to re-open the case but chose not to. XXXX also told me my case was never re-opened. \n\nXXXX XXXX was presenting to me during the month of XX/XX/XXXX that he was diligently working to re-open my dispute but according to XXXX, that is not true. In fact, XXXX XXXX waited until one day after the dispute re-open window closed to tell me there is nothing he can do and abandoned me and my case. Towards the end of XXXX I started asking XXXX XXXX to escalate me to executive level to get more power behind my issue and he refused to allow me to escalate above him. Multiple times by voice and email, I asked for escalation before the deadline ( not knowing about the deadline at the time ) and he refused my request insisting he was helping me and all he needed was more time. \n\nSo, here we have an issue in which a reasonable person could believe XXXX XXXX was lying to me for a month to get it past the deadline to re-open my case. And wasting my time in the process. Also, XXXX XXXX was blaming the 3rd party vendor, XXXX XXXX  for not doing the right things when in fact it was Alliant that was refusing to protect their member by choosing not to re-open my dispute. Also, when I was saying negative things about XXXX XXXX  '', XXXX XXXX was not correcting my understanding of the situation by telling me the truth in that it was in fact Alliant that was making the conscious decision to not support their member - and lie about it - for a month - wasting my time and efforts. \n\nIn fairness to XXXX XXXX, I leave open the possibility that he was indeed trying to help me but his superiors at Alliant were not allowing him to re-open my case and was ( alleged ) lying to me on their behalf. But if thats true, thats worse. Worse because it suggests a culture of dishonesty, dishonest business practices and unfair dealing at Alliant going up at least 3 layers, possibly 4 layers and into management. I also leave open the possibility that Im getting inaccurate information from XXXX XXXX  but, its Alliants 3rd party vendor that they chose. So ultimately, its Alliants responsibility. Somebody is lying to me but my current thinking is that it's Alliant and not XXXX XXXX \n\nI dont enjoy writing this report. With the exception of this case, Im a big fan of Alliant, I like this credit union. I was referred to Alliant by a family member and I have referred others to Alliant. Im embarrassed because Ive sent referrals to Alliant representing them as an excellent credit union but now Ive learned they dont back their members in easy-to-understand CC disputes and lie to members about their real position in the matter. My trust has been broken and that is disappointing. Its very clear they dont back their members when a situation arises that takes a little extra effort to do the right thing and tell the full and complete truth ; namely, that Alliant chose not to back my dispute and blamed others for their decisions, which is quite cowardly. Alliant also refused escalations to executive management indicating executive management is disconnected from the credit union and doesnt possess a full spectrum understanding of members concerns. Early in the process, XXXX XXXX could have simply told me that Alliant wont back me and my dispute and then we could have had an honest conversation and appropriate escalations.. But instead he hid that information from me, he didnt give me the respect of my having a clear understanding of the situation so I could respond accordingly. To this day, Alliant hasnt told me the truth, I got the truth from XXXX at XXXX XXXX  who gave me his time to explain how the process works and what was really happening with my case. I again tried to escalate above XXXX XXXX on XX/XX/XXXX and was promised a call back within 24 hours Nobody called me back.","date_sent_to_company":"2024-03-12T19:19:31.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"General-purpose credit card or charge card","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"8530532","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"ALLIANT CREDIT UNION","date_received":"2024-03-12T19:09:31.000Z","state":"CA","company_public_response":null,"sub_issue":"Credit card company isn't resolving a dispute about a purchase on your statement"},"highlight":{"complaint_what_happened":["Somebody is lying to me but my current thinking is that it's Alliant and not XXXX XXXX \n\nI dont enjoy writing this <em>report</em>. With the exception of this case, Im a big fan of Alliant, I like this <em>credit</em> union. I was referred to Alliant by a family member and I have referred others to Alliant."],"product":["<em>Credit</em> card"],"issue":["<em>Problem</em> with a purchase shown on your statement"],"company":["ALLIANT <em>CREDIT</em> UNION"],"sub_product":["General-purpose <em>credit</em> card or charge card"],"sub_issue":["<em>Credit</em> card company isn't resolving a dispute about a purchase on your statement"]},"sort":[6.672532,"8530532"]},{"_index":"complaint-public-v1","_id":"12759789","_score":5.8500123,"_source":{"product":"Credit card","complaint_what_happened":"XXXX XXXX XXXX\nI have been fighting Comenity bank since XXXX XXXX XXXX because they are trying to force me to pay for services I did not receive.  I have written numerous letters, talked to over XXXX  different people and got nothing but conflicting information.  They have destroyed my credit rating because they did not follow proper procedures when a cardholder reports a crooked merchant like XXXX XXXX XXXX  and whoever XXXX  XXXX  is. This bank is the worst one I  have ever dealt with since I have been doing  business, and that has been over 70 years. Why is this bank still allowed to remain in business? I have added excerpts from some of the customer complaints. Most of them have the same problem with Comenity. This is what they are doing: Comenity bank is using fraud and unethical practices to force cardholders to pay for services or products they do not receive. They use extortion to force them to pay and if they dont pay, Comenity will use black mail to force them to pay or they will destroy their credit rating. Credit ratings play a major role in every business transaction and Comenity knows this. These are some of the complaints: Comenity Bank Reviews THEY ARE CROOKS TO THE FULLEST. How could a bank like this still exist? No consequences. Where is the law? Is this the USA? Stay away from this bank. They charge for payments that don't go thru even though you get a conformation # from them. Got a janky answer from the manager that it take up to 15 day for them to get an answer.\nI have written three letters explaining this problem to this company but never receive a response!  I will not pay this bill; it is for a bogus account listing a bogus card, from a very disreputable company. DO NOT DO BUSINESS WITH THIS COMPANY!\nI'm sorry, but this is a fraudulent charge to me, and Comenity Bank has unethical business practices. This bank harassed me to pay it, they made collection calls and have been rude and distrustful even though I paid my account in full and closed the account. Helpful (0)\nEveryone should max out all their Comenity credit cards and refuse to pay. Most of the cards seem to be retailers and most people can live without retailers' cards. This will cause enough of a hiccup to get official attention to correct this corporation's thefts.\nThey would not work with me because they said the XXXX had been turned over to collections. I do not even owe this debt, and it is continuing to affect my credit score to the point where my home insurance doubled and is now XXXX more a year.\nThere I was, my car already serviced and Comenity told me to bring my card back when I received it and receive the service then!! I told Comenity, yeah Like this merchant is going to let me drive off and trust that I'll come back to pay for it, LMAO! I had to end up using another credit card I had and told Comenity to keep their card, dont mail it to me.\nPlease do not enroll with any credit card from Comenity Bank /Bread Financial. It is antiquated and a scam. There are some department stores that use them as well as XXXX Do not apply for anything with this bank.\nI can well understand why this \"joint\" has only 1 star rating. Comenity bank is usury at its finest. They are inconsistent, dishonest and scammy. Their accounts often include hidden fees and minimums. Payments will be applied randomly to multiple financed plans and their system does not have real time balance reporting. Their websites are trash. They will also randomly close accounts for no reason. Comenity: expect to be scammed.\nI used to have comenity bank with my XXXX  account and they were to difficult to deal with so I closed the account after they ruined my credit score on items I never bought. Now, I see they are doing the same thing with my XXXX  card. After i finally get out of the mess theyve made with that, I will never ever do business with any company that uses comenity, But since then Comenity bank calls 2 times a day and won't say anything when I answer. Checked them out and they are most likely a rip off scam company. They told us that we didn't pay the interest XXXX XXXX and all of the added fees. They sent us a bill - to our old address, again - and reported us again. Knock a hundred points off of our credit, zero confidence that they won't just do it again. AND when we were talking to them, the rep was rude, treated us like criminals, and hung up on us. Never again will I get anything from this bank. Never, ever, ever.\nComenity Bank is terrible, customer service rep's are just as bad. I purchased merchandise and donated XXXX to XXXX XXXX XXXX XXXX. I was not satisfied with the merchandise so I returned it. They credited by card all but the XXXX that I donated to XXXX XXXX. I later received a bill stating that I had a late fee. I did not have any other purchase on my card. They billed me late fees for XXXX months so I paid the late fee so it wouldn't impact my credit. The next month I received another late fee. My card is not late because I returned the merchandise. They are charging me monthly charges for the XXXX charges. I tried to dispute the matter.  I was given the wrong address, I had to contact the XXXX. This bank is definitely a SCAM. I'm closing my card and sharing my story on all social media platforms.\nComenity bank is such a scam you sent your money on time and they said oh no it takes 10 days to process so they give you late please I close my account immediately thank God the bogus late fees and interest charges which I am not going to pay I wish the companies that use them would not use them because I actually like the companies How come they are not aware of what a scam these people are? \n\nThey are quick to charge a late fee. I had a dispute with them and they never investigated it to get me a refund but the company I had a dispute with settled it later when I called the customer service number instead of the location of the disputed amount.\nPlease stay clear . This horrible greed . Plus I closed acct out last mth I pd it on XXXX XXXX they charged me late fee w acct closed in XXXX  said I may have pay another XXXX if interest from closed acct not pd by XXXX XXXX on closed out acct pd off XXXX bl just has pay interest fees today XXXX . Scammers very money hungry \nDO NOT GET INVOLVED WITH THESE PEOPLE!!! SCAMS. Got XXXX  credit card to buy a sofa XXXX my balance has never gone below that, no matter how much I paid. They now are FORCING account holders to give direct access to your checking account. Call customer service...you get charged XXXX to talk to someone.\nAny card I get I make sure it is not a commenity card. They are terrible, we received XXXX  calls a day on vacation for XXXX dollars. We were on tours and stuff and couldnt go thru getting the card out and writing down confirmations so we sent it to voicemail and took care of it at the hotel however it was ridiculous.\nThey will be hearing from my attorney and I am considering a class action lawsuit. STAY AWAY FROM COMENITY: THEY ARE FRAUDULENT THIEVES.\nI did not sign up for this terrible bank.I had a credit card with XXXX Well they changed my credit card to this terrible bank. Right away after the change I figured out how incredibly crooked Comenity bank is. They do not even have an App. They try to cheat people by making it very hard to find information. I paid off the entirety and will never do any business with them ever again. These kind of banks should never be allowed to operate. .Also XXXX  i am canceling your card After XXXX years just because you knew this bank was horrible but you were getting greedy and you thought you could get more interest and late payments from poor people that could not figure out how to find and understand how to pay this crooked scam company. Shame on you XXXX  for not caring anymore either.\nIm hiring a lawyer and I will go to the news. The store itself floor decor got hung up on and theres nothing they can do. I have my proof and I will not let them get away with this not even a star rating.\nI filed a dispute with them last XXXX  and they did nothing but kept telling that the dispute was still open but one is not supposed to pay any interest on account with a dispute.\nThey are shameless thieves...I was supposed to have paid my XXXX  card in full and after paying it off they charged me an interest of XXXX which rose in three months to XXXX dollars because they never sent letters or emails or text messages. They are the worst for credit cards, I don't recommend it. They are rats.\nJust like everyone else I would give 0 stars if I could. Worst bank ever and I am over XXXX years old so I have experience with banks. If you ever think about getting a credit card from this bank don't. You will have more issues resolving your problems than it is worth. They may even ruin your credit and no one including corporate wants to resolve any issues.\n\nIn XXXX  years of banking this bank is the WORST banking experience I have ever had ,of the 20 banks I have dealt with this one is rock bottom.I gave it a one star rating,if I could of I would of gave it a MINUS XXXX !!!  I owed them like XXXX  cents and the charged me a fine of XXXX plus interest ! I filed a complaint notice and got no response. When I got this ridiculous charge I paid it the next day just to get rid of it and then they hit me with a late charge and more interest !!! Their processing department must be the pony express. DO NOT OPEN AN ACCOUNT WITH THIS BANK, BE AFRAID BE VERY AFRAID !!!\nComenity Bank finds new ways to rob customers and charge interests that are not easy to understand, especially when you have the XXXX Credit Card and choose the 12-month financing option. Be careful and ALWAYS ALWAYS review your statements before making the payments. Comenity Bank is the worst Bank to deal with, they only care about taking money from you. They charge me XXXX as fees for one month, and I pay my card automatically every single month. Don't take any card from them, you will regret it!\n\nDo not apply for any kind of credit card unless you know what bank is being used for the credit. Comenity bank is a scam bank and will continue to charge you so called late fees long after you closed the account. They are also collections so they will turn it over to collections while you have no idea you owe money to a closed account. Complete scam.\n\nCrooked as can be. They do XXXXXXXX XXXX card and routinely send emails saying your payment is due on a certain date. When I go to pay in advance, late charges are already applied. I rarely receive payment emails before the payment is due. We have plenty of money. We just can't work with this company in a fair way.\n\nWe were with XXXX XXXX XXXX  XXXX. We were sold to Comenity and have had problems ever since. We pay our bill in full every month so I dont understand why when we use the card we are denied. This has happened to my husband very recently for the second time. I was also denied access on my card. Weve both been issued new cards and it happened again. Ive been embarrassed at the registerEnough is enough. They have been nothing but trouble.\nTerrible at best. I received a bill from XXXX  years ago that was payed ten tears ago. Comenity bank states that I am 4 months late on payments, but how can that be from a charge that was paid XXXX  years ago. Insane!!\nUse Comenity if you are BRAVE enough, so tired of arguing with them every month. Yes, they gives you headache at every month. Just when you are tired, they got a BIG piece of you without knowing it. It is not even qualified a legit bank to start with!!\nThey are a scam they take your Electronic payment from your bank account and say you did not pay. Then ask for your bank to send proof and say they never received that. And still want you to pay the bill even when its paid off.\n\nI have paid my bill consistently online and before the due date. They have no record of the payments and do not want to discuss it with me. I have tried to talk to their customer service but I could not understand a word they said. They finally hung up on me. I have told them I will not make another payment until they straighten out my account. Now I am receiving XXXX XXXX XXXX calls a day.\n\nI have the exact same problem with Comenity bank. My payment was due on XXXX, I sent my payment on XXXX , this bank claims they received the payment on XXXX. so they get to charge the late fee and interest. I called them , their answer is to check before due date to make sure the payment is in.\n\nThis bank does not expedite credit fraud investigation reported by credit card owners. They have taken XXXX months on my credit investigation and instead of investigating in a timely manner they kept charging me for the disputed charges and late fees, reduced my credit limit from XXXX XXXX XXXX. My original dispute investigation is still not resolved.\n\nAs a travel nurse making exceptional income, I will NEVER use this card again nor will I accept a credit line increase. WORST BANK EVER!!!!!!!!!\nOn XXXX XXXX I called their customer service line and asked the rep if I pay the balance today would there be any additional interest added to the account. They assured me that the final balance was the final balance. I also told them when I hit send on the payment that I wanted to close the account. Today I am looking at a bill for XXXX  more dollars. This company is a complete rip off and I would never recommend them to anyone.\nComenity Bank is a real life nightmare. No customer service skills, no resolutions to problems, a website that doesn't work and the inability to properly handle payment transactions. Move away from this bank as quickly as possible. . I know how to treat customers, and how I want to be treated. I've had XXXX XXXX  for XXXX  years, until today, you all know the problems. I have been a member of XXXX  for XXXX  years. I feel XXXX  did me wrong by turning the credit card over to such a poorly run, and understaffed bank. They had to know but didn't care because I'm sure palms were greased, and greed took over. I'm sorry I renewed my membership several months ago, but after XXXX  years of membership, it won't happen again, they caused our problems.\nSTAY away from them. They are crooks. I think they just string people along until they give up and pay it. They haven't met me. I will be filing a complaint with the feds. I've won before, I will again.\nI have been asked by a XXXX  representative to please keep using the card. Well, I've thought about it and no I will not use this card. Finally, their customer service representatives were terrible. They did not even try to help me and left me with XXXXXXXX  credit for XXXX  days!\nXXXX  switched to this company-try to follow up with Comenity Bank after receiving a letter that my due date had changed by a phone call but if I wanted to speak with a live voice would be charged XXXX XXXX what the heck was XXXX  thinking(not). Still awaiting current bill in mail. Will not setup any online service with this company (Comenity), in fact will stop using this card. XXXX  credit card service has lost a customer.\nXXXX  changed my VISA from XXXX XXXX XXXX to Comenity and its horrible. XXXX  responded to my complaint to the XXXX  in a professional manner but I got a letter from Comenity that was arrogant, obnoxious and a lie as far as their responsibility for unjustly charging me with late fees. Stay away from this bank that at the very least is incompetent with non existing customer support and whose business practices border on unethical.\nVery shady practices. Looks like they are there to get you in an endless loop to rip you off. A XXXX  purchase needed up with a XXXX bill. Their website is not available when I am ready to make the payment and couldnt get them on the phone also. Even after making the payment, they said that I might be getting a bill. When asked for what, they said that there is a daily charge and the balance I paid might not have that charges. Unbelievable!!! How can such a financial institution exist?? Feel awful for the customers who fell into their trap.\nComenity Bank operates worse than you would expect if you were dealing with a third world county bank. DO NOT TAKE OUT A STORE CREDIT CARD IF THE BANK INVOLVED IS COMENITY BANK.\nEach time Im told they will send me a new card, meaning I will be issued XXXX  cards I guess. I cant pay my balance without my account number. On phone Im told I can pay them for an extra fee. I dont think this is legit bank & they have all our info. Now I just want to pay my bill by cashiers check & be done with them which will also hurt my credit. But I dont know how.\nXXXX  issued me this card without my approval, then I canceled the account without activating the card. This was the beginning of a huge mess with nobody answering the phone. Tried to complain to XXXX  and couldn't get through to the right people there either. Stay away from this horrible bank and from XXXX  too.\nComenity recently took over servicing for a XXXX  Visa card from XXXX XXXX XXXX - which worked great for many years. Can't get an online account, can't get a service rep. This deserves NO stars. AVOID at all costs!!\nI received my XXXX  card, i also activated it, set up on line account, cant sign on to view my account, not going to use this card, will cancel it, i dont understand why XXXX  left XXXX XXXX XXXX  for these people, their customer service stinks.\nI have had a credit card affiliated with XXXX  for over XXXX years. XXXX XXXX XXXX serviced it. And I was happy with it. They saved me from fraud a couple of times. Apparently XXXX  dropped XXXX XXXX XXXX  for Comenity Capital bank. After reading some of these reviews I am going to steer clear of Comenity Bank. \nI can't get an online account set up and can't get a service rep. They are terrible!!! I don't understand why XXXX  made this change.\nI've had so many issues with this card. I tried to make a payment but their online and phone system was down for weeks so I was charged a late fee for that. I paid the next month and there's no history of me paying it at all even though I received a confirmation number. Customer service is rude and incompetent blaming me for not paying it in store when there system hasn't been working. Once I pay this card off I will be closing my account.\nComenity bank is charging interest on paid off balances and late charges on top of that. They have no regard for what is right, and calls are back-to-back. I would not recommend Comenity Bank to save my life!\nI cannot believe this company calls themselves a bank! This is the worst company ever! They made a $XXXX  mistake on my account. That's insane. Thank goodness I don't do business with them anymore.\nThey suck. On XXXX/XXXX  I mistakenly paid $XXXX  on a $XXXX  bill. They said I would have a check by XXXX. Nope, one operator said it is in the mail. This last operator said it is being processed. I told them, I am XXXX  and XXXX  costs me XXXX. I have no money to pay for it. They can't fed ex it nor can they call me or email me to let me know it was sent.\nComenity Bank does not Protect its credit card customers against unprincipled, unscrupulous merchant actions against its unknowing Comenity Bank Credit Card users. Please, beware of your online transactions using Comenity Credit Card. This bank does not protect its customers money,\nThey're trying to extort payments for returned items. I won't bore you anymore with the details except to say that If I see any financial ,banking or lending institution even remotely associated with Comenity I will try to get away from it as fast and far as humanly possible!\nThey're still charging me fees AFTER the card was supposedly closed. This is fraud and theft, and I'm in the position of having to fight with them because if I just don't pay it they could report to credit bureaus as an unpaid balance. Avoid any card through this bank at all costs--they're scam artists.\nHolding my payment hostage: I made a payment to Comenity XXXX more than the minimum payment which I frequently do. The payment was made on time but the payment somehow was inadvertently posted to a dead/closed account that was over XXXX years old. Why or How Comenity was able to post monies to a closed account.\nThe XXXX  Credit Card, managed by Comenity Bank, is a total fraud. I had autopay setup but then they stopped it without telling me. and then stacked up XXXX  months of late fee, and no notifications what-so-ever, until an agent called me i have XXXX months of late fee XXXXXXXX) stacked up. Total scammers... for a purchase of XXXX they should not be on this earth.\nComenity bank sent me a letter telling me that I owe them all the multiple transactions they stole from me or they will report me to the credit bureau. When I looked at my credit card statement, It showed the original transaction I made at Sportsman's, then it shows XXXX additional debits each for the same amount of over XXXXXXXX, but the debits are described as recurring payments.\nWhen I called them to resolve the issue, they told me they had fixed the issue, but they never did. I have called them many times and even though they admit this is a mistake, they tell me that they fixed it, but they still haven't.\nMy credit score is in the XXXX's for the last XXXX  years and now they are threatening to destroy it. I think I am going to get a lawyer and sue them. This is the most frustrating financial issue I have ever dealt with.\nWebsite and phones do not work AT ALL - don't try to pay them, you can't. Will just get you extra fees. They are a XXXX company - happy to give you credit at a high rate. NOW cannot even pay. Tried online. try calling. this is XXXX Just want to pay off and cancel this card. NOT WORTH THE HASSLE!\n Rude employees, XXXX  months trying to get a fraud charge taken care of. No one cares or bothers other than being rude and hanging up after a XXXX hour wait.Ask for supervisor was given another rude and non caring, uneducated employee. . Where the heck is this bank ? Well not sure it is a bank. I want my card closed and the false charge taken off. Does anyone care. I guess reviews don't mean anything because it is quite obvious they don't read them. Hundreds of reviews on this bank and they are still open. System has been down for XXXX weeks. CLOSE MY ACCOUNT.\nI have the exact experience with these people. Comenity Bank is a rip-off and so is XXXX! I have been charged a restocking fee and a late fee because I chose to fight this. Thus far Comenity says I owe them XXXX ALL IN RESTOCKING AND LATE FEES. I REFUSE to pay.\nI think it's literally been almost XXXX weeks now. Can't see my balance, can't pay my bill, I had to assign another payment method for all my Afterpay and pay pal pay-in-four purchases because the card is not going through when automatically billed...This is a disgrace - who monitors these XXXX anyway?\n\nThis company will try and ruin you. After calling them never wanted to tell me anything and the emails they kept sending me were the same ones over and over again. The unprofessionalism with these people are sick.","date_sent_to_company":"2025-04-01T18:05:59.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"General-purpose credit card or charge card","zip_code":"75216","tags":"Older American","has_narrative":true,"complaint_id":"12759789","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Bread Financial Holdings, Inc.","date_received":"2025-04-01T17:33:24.000Z","state":"TX","company_public_response":null,"sub_issue":"Credit card company isn't resolving a dispute about a purchase on your statement"},"highlight":{"complaint_what_happened":["I have the exact same <em>problem</em> with Comenity bank. My payment was due on XXXX, I sent my payment on XXXX , this bank claims they received the payment on XXXX. so they get to charge the late fee and interest. I called them , their answer is to check before due date to make sure the payment is in.\n\nThis bank does not expedite <em>credit</em> fraud <em>investigation</em> <em>reported</em> by <em>credit</em> card owners."],"product":["<em>Credit</em> card"],"issue":["<em>Problem</em> with a purchase shown on your statement"],"sub_product":["General-purpose <em>credit</em> card or charge card"],"sub_issue":["<em>Credit</em> card company isn't resolving a dispute about a purchase on your statement"]},"sort":[5.8500123,"12759789"]},{"_index":"complaint-public-v1","_id":"3811140","_score":5.572875,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"Capital One reduced my credit limit without any notice. \nThat is bad business and can effect my credit score. \n************************************************************************Skip to content Don't Leave Money On The Table Save Money Where ever possible Menu Home Guide Credit Card & Bank Account XXXX XXXX XXXX XXXX XXXX XXXX & Bank AccountCapital One Lowering credit limit for card holders XX/XX/XXXX Capital One Lowering credit limit for card holders Based on the recent reports, It looks like Capital One is lowering credit limit on its credit cards. Its still not clear on what basic these limits are decreased but many people found that their credit limits were decreased drastically. Few example : Savor limit decreased from around XXXX to XXXX Venture limit decreased from XXXX to XXXX QuickSIlver limit decreased from {$7500.00} to {$1500.00} Business cards limits are also decreased Some people dont see any changes. We know many issuers are doing this because of COVID as credit card companies wants to reduce the risk because of financial uncertainty. \nNOTE : We may receive small commission if you use links from our website. If you dont like our content and do not want us to earn any commission than please visit the store directly. Thank you for visiting. \n\n0 Article Rating Related Posts Reminder : Dont forget to activate your Q3 5 % cash back category for XXXX/XXXX/XXXX cards How to save XXXX Offers on multiple cards? \nXXXX XXXX XXXX  get {$40.00} off on {$100.00} spend About The Author admin Subscribe { } [ + ] 0 Comments Trending Now XXXX XXXX XXXX XXXX {$250.00} credit + XXXX XXXX XXXX XXXX XXXX signup offer XXXX XXXX XXXX for {$45.00} and get {$45.00} GC Capital One Lowering credit limit for card holders XXXX XXXX XXXX {$300.00} Business Checking {$10.00} off {$50.00} on your next 2 XXXX XXXX order XXXX XXXX XXXX for your yard XXXX XXXX XXXX  Deals / XXXX XXXX Deals Site Map Free XXXX XXXX for select XXXX XXXX XXXX Latest Posts XXXX Refer A Friend Both gets {$10.00} XXXX Get {$10.00} off {$60.00} when you use XXXX cash back XXXX cashback offers Additional discount with credit card points Get {$20.00} off {$80.00} purchase at XXXX with XXXX point redemption Capital One Lowering credit limit for card holders XXXX XXXX Join for {$45.00} and get {$45.00} GC XXXX XXXX XXXX {$300.00} Business Checking Bonus ( up to {$600.00} bonus ) XXXX launches XXXX  To help track maintenance, recalls, etc XXXX XXXX Schedule Now open until XX/XX/XXXX XXXX XXXX XXXX {$5.00} for new and existing members Support this website You can help support this site by using our affiliate links. \nAs an XXXX XXXX I earn from qualifying purchases. \n\n\nMore.. \nAbout Us Privacy Policy Site Map Disclaimer : We attempt to keep the information as accurate as possible. If you find information that is not accurate then please contact us. We do not guarantee that all information on this website will be accurate at all time. Information provided here is just our point of view. \nWe have affiliate relationship with some or all of the products and services found on this website. We may earn commission, if you choose to utilize any of the links from our website. \nXXXX Don't Leave Money On The Table Back to Top Welcome to the XXXX  Archives Thanks for visiting XXXX. As of XX/XX/XXXX, XXXX is no longer producing new content, but feel free to browse through our archives. Here you can find 12 years worth of articles on everything from how to avoid dodgy scams to writing an effective complaint letter. Check out some of our greatest hits below, explore the categories listed on the left-hand side of the page, or head to XXXX  for ratings, reviews, and consumer news. \n\n\nCapital One Is The Most Complained-About Credit Card Company XXXX XXXX XXXX EDT By XXXX XXXX @ XXXX what's in your wallet capital one cfpb credit cards XXXX XXXX  XXXX XXXX XXXX XXXX ( XXXX XXXX ) Since the Consumer Financial Protection Bureau opened its credit card complaint portal in XXXX XXXX, more than XXXX complaints have been filed with the CFPB. And while the 10 largest credit card issuers account for 93 % of all those complaints, one company is responsible for more than 1-in-5 of  all complaints filed with the Bureau : Capital One. \n\nThats according to the XXXX XXXXXXXX XXXX XXXX XXXX new report [ PDF ] that analyzes some of the available data about the CFPB complaint portal. \nWith XXXX complaints filed between XXXX XXXX and XXXX XXXX, Capital One cards accounted for 21 % of all consumer gripes. Citibanks credit cards were the second most complained-about ( 4,514 complaints, 18 % of the total ), followed by XXXX XXXX XXXX ( 3,320 ;  13 % ). \n\nProblems with Capital One cards appear to be a nationwide issue, with Cap One receiving the most complaints from consumers in 43 states. In six of the remaining states Connecticut, Maine, Maryland, New Mexico, New York, Utah Citi earned the most complaints, with XXXX XXXX XXXX being the most-hated card issuer in Alaska. \nThe complaint portal isnt just for consumers to scream into a black hole about their credit cards. The idea is that the card company is supposed to respond to each complaint within a given time frame. Of course, the cardholders arent always pleased with the card companies responses. \nIf the consumer is unhappy with the card issuers response to the complaint, he can file a dispute. Once again, Capital One cardholders filed the most disputes ( 1,044 ), meaning about one out of every five Cap One complaints were disputed. This may have been the largest number of disputes, but its not the highest rate. That belongs to XXXX XXXX, where cardholders disputed 26 % of the resolutions suggested by the card issuer. \n\nIn terms of what people are complaining about, billing issues represented the largest percentage of complaints ( 18 % ), followed by gripes about interest rates ( 10 % ), identity theft ( 7 % ), credit reporting ( 7 % ), or closing and canceling accounts ( 6 % ). \nIn the end, the majority ( 60 % ) of all credit card complaints are resolved with merely an explanation from the card company. Complaints resulted in monetary relief 29 % of the time, and with some sort of non-monetary relief in another 10 % of cases. \nWant more consumer news? Visit our parent organization, Consumer Reports, for the latest on scams, recalls, and other consumer issues. \nXX/XX/XXXXBy XXXX XXXX XXXX XXXX what's in your wallet capital one cfpb credit cards XXXX XXXX  XXXX XXXX XXXX express Previous Tractor-Trailer Overturns, Spills 40,000 Pounds Of Chicken Next XXXX XXXX Pricing May Drop Call On Potential XXXX Merger Related a look at the complaints Complaints About Student Loan Servicing Increased 429 % In Past Year if you don't have anything nice to say Credit Bureaus, XXXX  XXXX XXXX XXXX XXXX XXXX Top List Of Most Complained-About Financial Companies another increase Complaints About Student Loan Servicing Increase In Nearly Every State do not pass go Proposed Rules Would Take Away Banks Get Out Of Jail Free Card Part of Founded in XXXX, XXXXt is an independent source of consumer news and information published by Consumer Reports. \nAbout Us Connect With Us No Commercial Use Policy Privacy Policy User Agreement Work With Us Privacy Policy User Agreement XXXX Consumer Reports Capital One bank has reduced my line of credit for \" inactivity ''. \nEvidently there are alot of complaints online about Capital One bank reducing credit limits, and closing accounts with out any type of notice being sent out. Supposedly Capital One is notorious for this type of banking practice. \nThat is bad business. I feel there are enough legitimate complaints online to begin an investigation into Capital One banking practices.","date_sent_to_company":"2020-08-24T06:17:56.000Z","issue":"Other features, terms, or problems","sub_product":"General-purpose credit card or charge card","zip_code":"76009","tags":null,"has_narrative":true,"complaint_id":"3811140","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2020-08-24T05:36:03.000Z","state":"TX","company_public_response":null,"sub_issue":"Other problem"},"highlight":{"complaint_what_happened":["I feel there are enough legitimate complaints online to begin an <em>investigation</em> into Capital One banking practices."],"product":["<em>Credit</em> card or prepaid card"],"sub_product":["General-purpose <em>credit</em> card or charge card"],"sub_issue":["Other <em>problem</em>"]},"sort":[5.572875,"3811140"]},{"_index":"complaint-public-v1","_id":"13176252","_score":4.864441,"_source":{"product":"Checking or savings account","complaint_what_happened":"To whom it may concern, My name is XXXX XXXX and Im a long-time PayPal user who has never violated the Acceptable Use Policy. I filed a few disputes with XXXX due to some issues with delivery and was told that after 10 days of no response I would be receiving my funds back due to once again no response from the seller. I filed a CFPB complaint for good measure just to make sure this was well documented and when the calls are going to be listened to back it will support everything I am saying. Despite this, I received the horrible shock of a You can no longer do business with PayPal email today. At the advice of counsel, Im sending you a polite message with details and information so that this policy mistake can be corrected and that my account can be restored to full functionality.\n\nThe email I received claimed Because you have continually filed cases that do not align with the intent of the PayPal Purchase Protection Program and are contrary to the terms outlined in our User Agreement, weve determined you can no longer use PayPals services.Weve limited\nyour account so you can no longer send or receive funds. Your ability to file PayPal Purchase Protection cases has also been removed. Any existing PayPal Purchase Protection cases you've filed will be denied.\n\nFor information on account limitations, please refer to the PayPal User Agreement. To find out what to do next, log in to your PayPal account and visit the Resolution Center.\n\nAfter throughly researching there is no determination of what my claims could fall under going against the intent of the Purchase Protection Program, as my items were not as described and I reported such, along with evidence. Here is PayPals own policy and my research showing I have not violated the Purchase Protection.\n\nPayPals Purchase Protection program may apply when you encounter these specific problems with a transaction : You didnt receive your item from a seller ( referred to as an Item Not Received claim ), or You received an item, but the item isnt what you ordered ( referred to as a Significantly Not as Described claim ). -This is what I claimed.\n\nItem Not Received Claims Your claimwill notqualify for a refund under PayPals Purchase Protection program for an Item Not Received claim, if : You collect the item in person, or arrange for it to be collected on your behalf, including if you use PayPal in a sellers physical store, except for in-personPayPal QR codegoods and services transactions, or The seller has providedproof of shipmentorproof of delivery. \n\nNeither of these are the cases as on XX/XX/XXXX, the case was filed under Item not as described. \n\n\nIf the seller presents evidence that they delivered the goods to you, PayPal may find in favor of the seller for an Item Not Received claim even if you claim you did not receive the goods.\n\nSignificantly Not as Described Claims An item may be considered Significantly Not as Described if : The item is materially different from the sellers description of it. \nYou received a completely different item. \nThe condition of the item was misrepresented. For example, the item was described as new but the item was used. \nThe item was advertised as authentic but is not authentic ( i.e. counterfeit ). \nThe item is missing major parts or features and those facts were not disclosed in the description of the item when you bought it. - This here is exact description of my claim. I received an empty box upon my purchases. Which means the order I made was missing major parts and those facts were not disclosed in the description of the item when I bought it. \nYou purchased a certain number of items but didnt receive them all. - This would also be a description of my claim as I bought a number of items but due to the box being empty, I of course never received the amount of items I ordered. \nThe item was damaged during shipment. - This could be a possibility in my case due to once again the box being empty, potentially it was damaged on its way to delivery to me, and as to why I did not receive the item I ordered as described.\n\nThe item is unusable in its received state and was not disclosed as such. - Also another possibility in my case.\n\nAn item may not be considered Significantly Not as Described if : The defect in the item was correctly described by the seller in its description of the item. -This is not the case as the item was not described as such.\n\nThe item was properly described but you didnt want it after you received it. -This is also not the case for my dispute The item was properly described but did not meet your expectations. -Not the case for my dispute The item has minor scratches and was described as used. - Not the case for my dispute.\n\nIneligible Items and Transactions The following items or transactionsare noteligible for PayPals Purchase Protection program : Real estate, including residential property.\n\nVehicles, including, but not limited to, motor vehicles, motorcycles, recreational vehicles, aircraft, and boats, except for personally portable light vehicles used for recreational purposes like bicycles and wheeled hoverboards.\n\nBusinesses ( when you buy or invest in a business ).\n\nIndustrial machinery used in manufacturing.\n\nPayments that are equivalent to cash, including stored value items such as gift cards and pre-paid cards.\n\nPayments made in respect of gold ( whether in physical form or exchange-traded form ).\n\nFinancial products or investments of any kind.\n\nNon-fungible tokens ( NFTs ).\n\nGambling, gaming, and/or any other activities with an entry fee and a prize.\n\nDonations, including payments on crowdfunding platforms as well as payments made on crowdlending platforms.\n\nPayments to a state-run body ( except for state-owned enterprises ), government agencies, or third parties acting on behalf of state-run bodies or government agencies.\n\nPayments to any bill payment service, including PayPal Bill Pay for Business Accountstransactions.\n\nPayments that you initiate via a third-party platform using your PayPal Balance account and assigned account and routing number ( PayPal'sDirect Debitfunctionality ).\n\nSignificantly Not as Describedclaims for wholly or partly custom-made items.\n\nItem Not Receivedclaims for physical, tangible items you collect in person or arrange to be collected on your behalf. This includes items bought in a sellers point of sale location, except if you paid for the transaction in person using PayPals goods and services QR code.\n\nAnything prohibited by PayPalsAcceptable Use Policy.\n\nPayments made using PayPal Payouts ( formerly Mass Pay ).\n\nPersonal Payments including payments sent using PayPals friends and family functionality.\n\nPayments that you have not sent using your PayPal account.\n\nItems intended for resale, including single item transactions or transactions that include multiple items.\n\nNone of these descriptions of purchases describe what I purchased from XXXX. \n\nTransaction Eligibility for PayPals Purchase Protection Program To be eligible for PayPal Purchase Protection you must meet all of the following requirements : Have a PayPal account in good standing. - As I did before my account was wrongfully limited.\n\nPay for the eligible item from your PayPal account.\n\nAttempt to contact the seller to resolve your issue directly before filing a claim through the Resolution Center. - As I did and there is documented evidence of such.\n\nRespond to PayPals request for documentation and other information within the time requested. - As I did and there is documented evidence of such.\n\nOpen a dispute in theResolution Centerwithin theapplicable timeframeand follow our online dispute resolution process. - As I did and there is documented evidence of such.\n\nNot have received a recovery or agreed to an alternative resolution related to your purchase from another source. - As I have not received any other form of resolution from the seller XXXX. \n\nHere is also the AUP policy that I will also be going one by one detailing how none of these violations would apply to me as it can be clearly seen I have not committed any of these offenses.\n\nProhibited Activities You may not use the PayPal service for activities that : violate any law, statute, ordinance or regulation. - All I have purchased is XXXX and using my XXXX XXXX XXXX for store purchases or sending funds to family. \nrelate to transactions involving ( a ) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, ( b ) drug paraphernalia, ( c ) cigarettes, ( d ) items that encourage, promote, facilitate or instruct others to engage in illegal activity, ( e ) stolen goods including digital and virtual goods, ( f ) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, ( g ) items that are considered obscene, ( h ) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, ( i ) certain sexually oriented materials or services, ( j ) ammunition, firearms, or certain firearm parts or accessories, or ( k ) certain weapons or knives regulated under applicable law. - Dear God, No. Once again only XXXX and XXXX XXXX used. And I will gladly provide my cashapp transactions if needed to prove that as well. \nrelate to transactions that ( a ) show the personal information of third parties in violation of applicable law, ( b ) support pyramid or ponzi schemes, matrix programs, other \" get rich quick '' schemes or certain multi-level marketing programs, ( c ) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, ( d ) are for the sale of certain items before the seller has control or possession of the item, ( e ) are by payment processors to collect payments on behalf of merchants, ( f ) are associated with the sale of traveler 's checks or money orders, ( g ) involve currency exchanges or check cashing businesses, ( h ) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or ( i ) involve offering or receiving payments for the purpose of bribery or corruption. - Once again only XXXX and XXXX XXXX used. And I will gladly provide my cashapp transactions if needed to prove that as well. \ninvolve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent. - Once again only XXXX and XXXX XXXX used. And I will gladly provide my cashapp transactions if needed to prove that as well. \nrelate to transactions involving any activity that requires pre-approval without having obtained said approval. - Once again only XXXX and XXXX XXXX used. And I will gladly provide my cashapp transactions if needed to prove that as well. \n\nI primarily use my PayPal for XXXX XXXX and XXXX transactions. In addition, my PayPal is authenticated and connected to Cash App where I receive occasional income from Cash App Deposits. Everything I do on PayPal is completely legitimate. \n\nHere are several examples of recent transactions : XX/XX/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 Why This Closure Was Wrongful and Retaliatory : XXXX. All My Disputes Were Legitimate and Within Policy : I filed claims under Significantly Not As Described and Item Not Received, both of which fall squarely under the eligible scenarios laid out in PayPals own Buyer Protection Program ( XXXX XXXX XXXX XXXX  ). My dispute centered around an empty package being deliveredan issue supported by a police report filed with the XXXX XXXX XXXX. This scenario is explicitly outlined in the Buyer Protection policy as a qualifying reason for a refund.\n\n2. I Did Not Abuse Buyer Protection : According to PayPals policies, a buyer may file a dispute if : The item is materially different from what was ordered.\n\nThe order arrives missing items.\n\nThe order never arrives at all.\n\nThe item is damaged, unusable, or counterfeit.\n\nThese precisely describe my situation. None of my claims were speculative or excessive. I provided timely documentation and responded to every request. At no point did I file a dispute that fell outside the boundaries of the Buyer Protection terms. I\nwas told over the phone by PayPals own representatives that if the seller did not respond within XXXX  days, my case would be decided in my favor. The seller ( XXXX ) did not respond. I was wrongfully punished for requesting what I was promised.\n\n3. Account Termination Only Occurred After Filing a CFPB Complaint : My account was not under review, limited, or flagged in any way prior to the filing of my original CFPB complaint. Within XXXX hours of submission, I received notice that my account was terminated. This strongly suggests retaliatory intent. It sends the disturbing message that exercising ones right to file a complaint with the CFPB could result in being banned from a financial platform without warning. \nXXXX. I Have Not Violated the Acceptable Use Policy ( AUP ) : I reviewed the AUP carefully ( XXXX XXXX XXXX? XXXX ) and found no clausenonethat would implicate my PayPal activity. I do not engage in any restricted transactions or activities. I use PayPal almost exclusively for XXXX purchases and occasional transfers to my verified Cash App account. \n\nThese are not abuse, fraud, or illicit use. They are personal, traceable, and legitimate. \n\n\n\nConclusion : I believe I am being wrongfully accused of violating the AUP and PayPals Buyer Protection system, or whatever may be the reason. Not only have I followed the rules, I have gone above and beyond to cooperate : providing police reports, item descriptions, and full documentation. In return, I have been met with silence, mistreatment, and now account termination following a legally protected CFPB complaint.\n\nI respectfully request : Immediate reinstatement of my PayPal account.\n\nRestoration of access to pending disputes.\n\nA formal investigation into potential retaliatory action by PayPal in response to my initial CFPB filing. \n\nIf this complaint is not resolved, I am prepared to pursue further escalation through all legal and consumer protection avenues.","date_sent_to_company":"2025-04-25T10:09:51.000Z","issue":"Closing an account","sub_product":"Checking account","zip_code":"77045","tags":null,"has_narrative":true,"complaint_id":"13176252","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Paypal Holdings, Inc","date_received":"2025-04-25T09:40:03.000Z","state":"TX","company_public_response":null,"sub_issue":"Company closed your account"},"highlight":{"complaint_what_happened":["Any <em>existing</em> PayPal Purchase Protection cases you've filed will be denied.\n\nFor information on account limitations, please refer to the PayPal User Agreement. To find out what to do next, log in to your PayPal account and visit the Resolution Center.\n\nAfter throughly researching there is no determination of what my claims could fall under going against the intent of the Purchase Protection Program, as my items were not as described and I <em>reported</em> such, along with evidence."]},"sort":[4.864441,"13176252"]},{"_index":"complaint-public-v1","_id":"6312060","_score":3.286759,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"TransUnion is communicating with me in XXXX when I don't speak XXXX. I have previously asked and requested that TransUnion communicate with me in English however, they refuse to honor my request. \n\nI don't believe that TransUnion is investigating my complaint and is only offering a cursory response just to say it responded. TransUnion is allowing the source to just say that the information is being reported is accurate with out any evidence. TransUnion is ignoring any evidence and documents that I provide claiming that the documents that I provided were reviewed but did not meet TransUnion 's criteria to update/delete the account not the Fair Credit Reporting Act ( FCRA ). In other words TransUnion decided that the documents were insufficient and that they will not delete the account and this decision is not based on the FCRA. \n\nOn or about XX/XX/XXXX, I received a dunning/collection letter from XXXX XXXX regarding the XXXX  XXXX XXXX credit card account. \n\nOn XX/XX/XXXX, XXXX mailed a debt validation request to XXXX XXXX via certified mail tracking number XXXX. \n\nOn XX/XX/XXXX, XXXX XXXX received my debt validation request. \nI 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 ). \n\nOn XX/XX/XXXX, XXXX XXXX filed this civil suit/action against me on behalf of Department XXXX XXXX XXXX in the State Court XXXX 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. \nAccording to the post office, the package picked up at a postal facility by your agent, representative, or employee at XXXXXXXX XXXX on XX/XX/XXXX. \n\nThe thirty days to respond to the discovery request started on XX/XX/XXXX, and ended on XX/XX/XXXX. \n\nI never received a response to the discovery request. \n\nPursuant 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. \n\nPursuant 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 ). \n\nOn 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. \n\nOn 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. \n\nOn XX/XX/XXXX, XXXX XXXX filed for voluntary dismissal without prejudice in the XXXX XXXX XXXX XXXX XXXX Georgia XXXX XXXX XXXX No XXXX. \n\nNow on XX/XX/XXXX, I received a XXXX letter from XXXX XXXX listing XXXX XXXX. instead of XXXX  XXXX XXXXXXXX XXXX or ( XXXX ) as the creditor. This is the same claim or action just listing a different creditor. \n\nOn 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. \n\nOn XX/XX/XXXX, I received an e-mail from one of XXXX XXXX attorneys confirming receipt of the validation request. \n\nGood afternoon, Our office is in receipt of your request and is gathering the requested documents for your review. \n\nXXXX XXXX XXXX, XXXX. \nLead 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. \nPRIVILEGE 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. \n\nXXXX 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. \nIf 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 ).\n\nThe 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 ).\n\nAs of the date of this letter, no response or validation/verification has been received by me. \n\nAny 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. \n\nXXXX 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 XXXX which is a subsidiary of XXXX XXXX and that as of XX/XX/XXXX, XXXX has merged with XXXX. \n\nAny 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. \n\nXXXX 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? \n\nAs 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. \n\nBecause 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. \n\nYou 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. \nXXXXs 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 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. \nIf 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. \nIt 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. \n\nXXXX 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. \n\nIn 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. \n\nOn 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. \n\nWhen 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 your account without giving you 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. \n\nYou 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. \n\nThis 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. \n\nAccording 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. \n\nThe 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. \n\nYou 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. \n\nYou 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 then 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. \n\nYou 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 XXXX 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. \n\nYou 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. \n\nYou have also omitted other important information from your correspondences with me, the CFPB, and the XXXX \n\nIn 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. \n\nIn 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 dismissed 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 ). \n\nAs 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. \n\nXXXX 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. \n\nYou 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 XXXX XXXX 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.","date_sent_to_company":"2022-12-12T18:28:35.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"30066","tags":null,"has_narrative":true,"complaint_id":"6312060","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2022-12-12T18:10:32.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Late payments, missed payments, or other defaults on your account may be reflected in your <em>credit</em> <em>report</em>. We may <em>report</em> account information in your name and the names of authorized users. We may also obtain follow-up <em>credit</em> <em>reports</em> on you. If you think we <em>reported</em> incorrect information to a <em>credit</em> bureau, write us at the Customer Service address on the billing statement. We will <em>investigate</em> the matter. We will then tell you if we agree or disagree with you."],"product":["<em>Credit</em> <em>reporting</em>, <em>credit</em> repair services, or other personal consumer reports"],"issue":["<em>Problem</em> with a <em>credit</em> <em>reporting</em> company's <em>investigation</em> <em>into</em> an <em>existing</em> <em>problem</em>"],"sub_product":["<em>Credit</em> <em>reporting</em>"],"sub_issue":["Their <em>investigation</em> did not fix an error on your <em>report</em>"]},"sort":[3.286759,"6312060"]},{"_index":"complaint-public-v1","_id":"6312305","_score":3.2790554,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"TransUnion is communicating with me in Spanish when I don't speak Spanish. I have previously asked and requested that TransUnion communicate with me in English however, they refuse to honor my request. \n\nI don't believe that TransUnion is investigating my complaint and is only offering a cursory response just to say it responded. TransUnion is allowing the source to just say that the information is being reported is accurate with out any evidence. TransUnion is ignoring any evidence and documents that I provide claiming that the documents that I provided were reviewed but did not meet TransUnion 's criteria to update/delete the account not the Fair Credit Reporting Act ( FCRA ). In other words TransUnion decided that the documents were insufficient and that they will not delete the account and this decision is not based on the FCRA. \n\nOn or about XX/XX/XXXX, I received a dunning/collection letter from XXXX XXXX regarding the XXXX XXXXXXXX XXXX credit card account. \n\nOn XX/XX/XXXX, Defendant mailed a debt validation request to XXXX XXXX via certified mail tracking number XXXX. \n\nOn XX/XX/XXXX, XXXX XXXX received my debt validation request. \nI 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 ). \n\nOn XX/XX/XXXX, XXXX XXXX filed this civil suit/action against me on behalf of XXXX XXXXXXXX XXXXXXXX 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. \nAccording to the post office, the package picked up at a postal facility by your agent, representative, or employee at XXXXXXXX XXXX on XX/XX/XXXX. \n\nThe thirty days to respond to the discovery request started on XX/XX/XXXX, and ended on XX/XX/XXXX. \n\nI never received a response to the discovery request. \n\nPursuant 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. \n\nPursuant 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 ). \n\nOn 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. \n\nOn 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. \n\nOn XX/XX/XXXX, XXXX XXXX filed for voluntary dismissal without prejudice in the XXXX XXXX XXXX XXXX XXXX Georgia XXXX XXXX XXXX No XXXX. \n\nNow on XX/XX/XXXX, I received a XXXX letter from XXXX XXXX  listing XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX as the creditor. This is the same claim or action just listing a different creditor. \n\nOn 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. \n\nOn XX/XX/XXXX, I received an e-mail from one of XXXX XXXX attorneys confirming receipt of the validation request. \n\nGood afternoon, Our office is in receipt of your request and is gathering the requested documents for your review. \n\nXXXX XXXX XXXX, XXXX. \nLead 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. \nPRIVILEGE 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. \n\nXXXX 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. \nIf 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 ).\n\nThe 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 ).\n\nAs of the date of this letter, no response or validation/verification has been received by me. \n\nAny 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. XXXX. \n\nXXXX 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 XXXX which is a subsidiary of XXXX XXXX and that as of XX/XX/XXXX, XXXX has merged with XXXX. \n\nAny 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. \n\nXXXX 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? \n\nAs 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. \n\nBecause 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. \n\nYou 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. \nXXXX  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 XXXX 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. \nIf 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. \nIt 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. \n\nXXXX 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. \n\nIn 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. \n\nOn 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 XXXX of the factors that lead to the decision by XXXX XXXX to dismiss the lawsuit. \n\nWhen 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 your account without giving you 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. \n\nYou 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. \n\nThis 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. \n\nAccording to the XX/XX/XXXX, XXXX XXXX letter that talks about XXXX conducting reviews of accounts the letter also states XXXX 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 XXXX XXXX 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. \n\nThe 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. \n\nYou 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. \n\nYou 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 then 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. \n\nYou 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. \n\nYou 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. \n\nYou have also omitted other important information from your correspondences with me, the CFPB, and the XXXX \n\nIn 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. \n\nIn 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 dismissed 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 ). \n\nAs 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. \n\nXXXX 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. \n\nYou 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 XXXXXXXX  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 XXXX 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.","date_sent_to_company":"2022-12-12T18:28:54.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"30066","tags":null,"has_narrative":true,"complaint_id":"6312305","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2022-12-12T18:28:42.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Late payments, missed payments, or other defaults on your account may be reflected in your <em>credit</em> <em>report</em>. We may <em>report</em> account information in your name and the names of authorized users. We may also obtain follow-up <em>credit</em> <em>reports</em> on you. If you think we <em>reported</em> incorrect information to a <em>credit</em> bureau, write us at the Customer Service address on the billing statement. We will <em>investigate</em> the matter. We will then tell you if we agree or disagree with you."],"product":["<em>Credit</em> <em>reporting</em>, <em>credit</em> repair services, or other personal consumer reports"],"issue":["<em>Problem</em> with a <em>credit</em> <em>reporting</em> company's <em>investigation</em> <em>into</em> an <em>existing</em> <em>problem</em>"],"sub_product":["<em>Credit</em> <em>reporting</em>"],"sub_issue":["Their <em>investigation</em> did not fix an error on your <em>report</em>"]},"sort":[3.2790554,"6312305"]},{"_index":"complaint-public-v1","_id":"6402097","_score":2.986187,"_source":{"product":"Debt collection","complaint_what_happened":"I will include XXXX XXXX as part of this complaint so that they will receive copies of your correspondence and response. I am also e-mailing a copy of this complaint to XXXX XXXX XXXX and XXXX XXXX XXXX, XXXX. for their review. This matter is not going to go away because you respond citing some company policy or your own personal ideology and refuse to remove this account from my credit report. On or about XX/XX/XXXX, I received a dunning/collection letter from XXXX XXXX regarding the Macys 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 Stores National Bank 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 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 XXXX XXXX XXXX No XXXX. Now on XX/XX/XXXX, I received a XXXX letter from XXXX XXXX  listing Citibank N.A. instead of Department Stores National Bank or ( DSNB ) 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 ) 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. XXXX. XXXX XXXX was notified and is aware that this is a second attempt to collect this alleged debt for the same account with Department Stores National Bank ( DSNB ) which is a subsidiary of Citibank N.A and that as of XX/XX/XXXX, XXXX has merged with Citibank. Any refiling or renewing of a case would be subject to XXXX. XXXX and O.C.G.A. 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 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 XXXX. XXXX ( a ) ( XXXX ) and O.C.G.A. 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 XXXX 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 DSNB can report information about a consumer and the account to a credit bureau if Citi chooses to do so however, the card agreement does not prohibit DSNB from updating or removing information about a consumer from a consumers credit file. Additionally, if DSNB 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, DSNB 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. DSNB 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. DSNB 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 DSNB 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 Citi did not get the outcome Citibank wanted in the Best Buy case and DSNB ( which is a subsidiary of Citibank ) most likely will not achieve the outcome DSNB desires in the Macys American Express 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 DSNB from removing this account from Defendants credit report with the three major credit bureaus. If it is DSNB/Citibanks 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 DSNB/Citibank from removing this account from my credit report. I have requested this information previously and DSNB/Citibank 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. DSNB/Citibank 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 DSNB regularly reviews credit report data to determine if cardholders continue to qualify for their accounts. You also claim, \" Macys 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. DSNB 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 DSNB 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 DSNB was asked in a discovery filing interrogatory to identify each and every time my account was allegedly reviewed. DSNB 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 DSNB conducted the review in XXXX of XXXX the Best Buy Visa credit card account was listed on my credit report as a negative item. DSNB 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 Best Buy 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 Best Buy 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 Best Buy Visa 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 DSNB 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 DSNB allowed me to use the account until the expiration date. This will be a problem for DSNB/Citibank 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 Macys store credit card that can only be used at Macys. 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 Macys XXXX  case you may have to explain this. Specifically, if I dont qualify and or dont have the ability to repay credit on the Macys 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 Citibank ( which you were a subsidiary of ) regarding a Best Buy Visa 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 Best Buy 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 Citibank ( which DSNB is or was a subsidiary of and has now merged with Citibank ) 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 Best Buy 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 ) 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 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 ).","date_sent_to_company":"2023-01-05T17:36:15.000Z","issue":"Written notification about debt","sub_product":"Credit card debt","zip_code":"30066","tags":null,"has_narrative":true,"complaint_id":"6402097","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CITIBANK, N.A.","date_received":"2023-01-05T17:33:18.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Didn't receive enough information to verify debt"},"highlight":{"complaint_what_happened":["Late payments, missed payments, or other defaults on your account may be reflected in your <em>credit</em> <em>report</em>. We may <em>report</em> account information in your name and the names of authorized users. We may also obtain follow-up <em>credit</em> <em>reports</em> on you. If you think we <em>reported</em> incorrect information to a <em>credit</em> bureau, write us at the Customer Service address on the billing statement. We will <em>investigate</em> the matter. We will then tell you if we agree or disagree with you."],"sub_product":["<em>Credit</em> card debt"]},"sort":[2.986187,"6402097"]},{"_index":"complaint-public-v1","_id":"6354301","_score":2.9702303,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"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. \nOn XX/XX/XXXX, XXXX XXXX received my debt validation request. \nI 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. \nOn 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. \nAccording 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. \n\nThe thirty days to respond to the discovery request started on XX/XX/XXXX, and ended on XX/XX/XXXX. \n\nI never received a response to the discovery request. \n\nPursuant 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. \n\nPursuant 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 ). \n\nOn 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. \n\nOn 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. \n\nOn XX/XX/XXXX, XXXX XXXX filed for voluntary dismissal without prejudice in the XXXX XXXX XXXX XXXX XXXX Georgia XXXX XXXX XXXX No XXXX. \n\nNow 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. \n\nOn 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. \n\nOn XX/XX/XXXX, I received an e-mail from one of XXXX XXXX attorneys confirming receipt of the validation request. \n\nGood afternoon, Our office is in receipt of your request and is gathering the requested documents for your review. \n\nXXXX XXXX XXXX, XXXX. \nLead 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. \nPRIVILEGE 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. \nXXXX 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. \nIf 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 ). \n\nThe 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 ). \n\nAs of the date of this letter, no response or validation/verification has been received by me. \n\nAny 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. \n\nXXXX 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. \n\nAny 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. \n\nXXXX 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? \n\nAs 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. \n\nBecause 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. \n\nYou 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. \nXXXX  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. \nIf 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. \nIt 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. \n\nXXXX 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. \n\nIn 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. \n\nOn 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. \n\nWhen 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. \n\nYou 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. \n\nThis 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. \n\nAccording 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? \n\nThe 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. \n\nYou 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. \n\nYou 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. \n\nYou 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. \n\nYou 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. \n\nYou have also omitted other important information from your correspondences with me, the CFPB, and the XXXX. \n\nIn 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. \n\nYou 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? \n\nIn 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 ). \n\nAs 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. \n\nXXXX 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. \n\nYou 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 ).","date_sent_to_company":"2022-12-22T18:26:08.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"30066","tags":null,"has_narrative":true,"complaint_id":"6354301","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2022-12-22T18:25:54.000Z","state":"GA","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Late payments, missed payments, or other defaults on your account may be reflected in your <em>credit</em> <em>report</em>. We may <em>report</em> account information in your name and the names of authorized users. We may also obtain follow-up <em>credit</em> <em>reports</em> on you. If you think we <em>reported</em> incorrect information to a <em>credit</em> bureau, write us at the Customer Service address on the billing statement. We will <em>investigate</em> the matter. We will then tell you if we agree or disagree with you."],"product":["<em>Credit</em> <em>reporting</em>, <em>credit</em> repair services, or other personal consumer reports"],"issue":["<em>Problem</em> with a <em>credit</em> <em>reporting</em> company's <em>investigation</em> <em>into</em> an <em>existing</em> <em>problem</em>"],"sub_product":["<em>Credit</em> <em>reporting</em>"],"sub_issue":["Their <em>investigation</em> did not fix an error on your <em>report</em>"]},"sort":[2.9702303,"6354301"]},{"_index":"complaint-public-v1","_id":"6354176","_score":2.969245,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"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. \nOn XX/XX/XXXX, XXXX XXXX received my debt validation request. \nI 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. \nOn 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. \nAccording 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  \nThe thirty days to respond to the discovery request started on XX/XX/XXXX, and ended on XX/XX/XXXX. \n\nI never received a response to the discovery request. \n\nPursuant 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. \n\nPursuant 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 \n\nOn 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. \n\nOn 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. \n\nOn XX/XX/XXXX, XXXX XXXX filed for voluntary dismissal without prejudice in the XXXX XXXX XXXX XXXX XXXX Georgia Civil Action File No XXXX. \n\nNow 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. \n\nOn 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. \n\nOn XX/XX/XXXX, I received an e-mail from XXXX of XXXX XXXX attorneys confirming receipt of the validation request. \n\nGood afternoon, Our office is in receipt of your request and is gathering the requested documents for your review. \n\nXXXX XXXX XXXX, XXXX. \nLead 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. \nPRIVILEGE 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. \nXXXX 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. \nIf 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 ). \n\nThe 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 ). \n\nAs of the date of this letter, no response or validation/verification has been received by me. \n\nAny 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. \n\nXXXX 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. \n\nAny refiling or renewing of a case would be subject to XXXX. XXXX and XXXX XXXX \n\nXXXX 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? \n\nAs 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. \n\nBecause 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. \n\nYou 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.\n\nDSNBs 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. \nIf 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. \nIt 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. \n\nXXXX 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. \n\nIn 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. \n\nOn 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. \n\nWhen 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. \n\nYou 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. \n\nThis 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. \n\nAccording 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? \n\nThe 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. \n\nYou 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. \n\nYou 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. \n\nYou 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. \n\nYou 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. \n\nYou have also omitted other important information from your correspondences with me, the CFPB, and the XXXX \n\nIn 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. \n\nYou 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? \n\nIn 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 ). \n\nAs 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. \n\nXXXX 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. \n\nYou 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 ).","date_sent_to_company":"2022-12-22T18:25:35.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"30066","tags":null,"has_narrative":true,"complaint_id":"6354176","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2022-12-22T18:17:28.000Z","state":"GA","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Late payments, missed payments, or other defaults on your account may be reflected in your <em>credit</em> <em>report</em>. We may <em>report</em> account information in your name and the names of authorized users. We may also obtain follow-up <em>credit</em> <em>reports</em> on you. If you think we <em>reported</em> incorrect information to a <em>credit</em> bureau, write us at the Customer Service address on the billing statement. We will <em>investigate</em> the matter. We will then tell you if we agree or disagree with you."],"product":["<em>Credit</em> <em>reporting</em>, <em>credit</em> repair services, or other personal consumer reports"],"issue":["<em>Problem</em> with a <em>credit</em> <em>reporting</em> company's <em>investigation</em> <em>into</em> an <em>existing</em> <em>problem</em>"],"sub_product":["<em>Credit</em> <em>reporting</em>"],"sub_issue":["Their <em>investigation</em> did not fix an error on your <em>report</em>"]},"sort":[2.969245,"6354176"]},{"_index":"complaint-public-v1","_id":"6354302","_score":2.9686031,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"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. \nOn XX/XX/XXXX, XXXX XXXX received my debt validation request. \nI 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. \nOn 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. \nAccording 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. \n\nThe thirty days to respond to the discovery request started on XX/XX/XXXX, and ended on XX/XX/XXXX. \n\nI never received a response to the discovery request. \n\nPursuant 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.\n\nPursuant 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 ). \n\nOn 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. \n\nOn 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. \n\nOn XX/XX/XXXX, XXXX XXXX filed for voluntary dismissal without prejudice in the XXXX XXXX XXXX XXXX XXXX Georgia XXXX XXXX XXXX No XXXX. \n\nNow 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. \n\nOn 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. \n\nOn XX/XX/XXXX, I received an e-mail from one of XXXX XXXX attorneys confirming receipt of the validation request. \n\nGood afternoon, Our office is in receipt of your request and is gathering the requested documents for your review. \n\nXXXX XXXX XXXX, XXXX. \nLead 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. \nPRIVILEGE 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. \nXXXX 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. \nIf 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 ). \n\nThe 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 ).\n\nAs of the date of this letter, no response or validation/verification has been received by me. \n\nAny 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. \n\nXXXX 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. \n\nAny refiling or renewing of a case would be subject to XXXX. XXXX and XXXX  XXXX. \n\nXXXX 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? \n\nAs 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. \n\nBecause 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. \n\nYou 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. \nXXXX  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. \nIf 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. \nIt 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. \n\nXXXX 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. \n\nIn 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. \n\nOn 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. \n\nWhen 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. \n\nYou 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. \n\nThis 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. \n\nAccording 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? \n\nThe 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. \n\nYou 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. \n\nYou 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. \n\nYou 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. \n\nYou 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. \n\nYou have also omitted other important information from your correspondences with me, the CFPB, and the XXXX. \n\nIn 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. \n\nYou 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? \n\nIn 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 ). \n\nAs 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. \n\nXXXX 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. \n\nYou 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 ).","date_sent_to_company":"2022-12-22T18:26:08.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"30066","tags":null,"has_narrative":true,"complaint_id":"6354302","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2022-12-22T18:25:54.000Z","state":"GA","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Late payments, missed payments, or other defaults on your account may be reflected in your <em>credit</em> <em>report</em>. We may <em>report</em> account information in your name and the names of authorized users. We may also obtain follow-up <em>credit</em> <em>reports</em> on you. If you think we <em>reported</em> incorrect information to a <em>credit</em> bureau, write us at the Customer Service address on the billing statement. We will <em>investigate</em> the matter. 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