{"took":340,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":25,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"2716987","_score":26.675135,"_source":{"product":"Mortgage","complaint_what_happened":"A letter of notice of error was sent to WVHDF on XXXX XXXX, XXXX which stated the following : This letter is to serve as official notice that an error has been made on my loan account as required under the Real Estate Settlement Procedures Act ( RESPA ). This error was reported to your office on XXXX XXXX, XXXX at XXXX XXXX. by telephone ; however, RESPA only governs  written notices of error. \nMy escrow account on loan XXXX has been erroneously charged {$310.00} for Mortgage Insruance Premiums which were cancelled after the XXXX XXXX, XXXX payment. Disbursements were made in error for XXXX XXXX, XXXX for {$62.00}, XXXX XXXX, XXXX for {$62.00}, XXXX XXXX, XXXX for {$62.00} and XXXX XXXX, XXXX for {$120.00}. \nUnder Section 1024.35 ( d ) of RESPA I should be provided a written response acknowledging receipt of the notice of error. Section 1024.35 requires a servicer to respond to a notice of error by correcting the error or errors identified by the borrower and providing the borrower with a written notification of the correction, the effective date of the correction, and contact information, including a telephone number, for further assistance ; or conduct a reasonable investigation and providing the borrower with a written notification that includes a statement that the servicer has determined that no error occurred, a statement of the reasons for this determination, a statement of the borrowers right to request documents relied upon by the servicer in reaching its determination, information regarding how the borrower can request such documents, and contact information, including a telephone number for further assistance. \nThe servicer should also comply with these requirement no later than seven days ( excluding legal public holidays, Saturdays, and Sundays ) after the servicer receives the notice of error or errors asserted.\nWVHDF replied on XXXX XXXX, XXXX that they would review my information and a formal response would be forwarded to me within 7 days. I have not received a formal response as of XXXX XXXX, XXXX. \n\nIt appears that according to my online history {$250.00} has been refunded to my account which is {$62.00} less than disputed. I have not received an explanation as to the difference disputed and it appears my escrow account will be left materially over funded if this is left on account.","date_sent_to_company":"2017-10-31T17:09:32.000Z","issue":"Trouble during payment process","sub_product":"FHA mortgage","zip_code":"256XX","tags":null,"has_narrative":true,"complaint_id":"2716987","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"West Virginia Housing Development Fund","date_received":"2017-10-31T16:51:17.000Z","state":"WV","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Section 1024.35 requires a servicer to respond to a notice of <em>error</em> by correcting the <em>error</em> or <em>errors</em> <em>identified</em> by the borrower and <em>providing</em> the borrower with a written <em>notification</em> of the <em>correction</em>, the <em>effective</em> date of the <em>correction</em>, and contact information, including a telephone number, for further assistance ; or conduct a reasonable investigation and <em>providing</em> the borrower with a written <em>notification</em> that includes a statement that the servicer has determined that no <em>error</em> occurred, a statement"]},"sort":[26.675135,"2716987"]},{"_index":"complaint-public-v1","_id":"4873938","_score":24.677395,"_source":{"product":"Mortgage","complaint_what_happened":"To Whom It May Concern : 1. As Servicer of the above referenced Mortgage Loan, please treat this as a notice of error pursuant to the Real Estate Settlement Procedures Act, subject to the response time set out in Regulation X, 12 C.F.R. 1024.35 ( e ) ( 3 ) ( i ) ( B ).\n\n2. 1024.35 Borrower asserts an error relating to the servicing of a mortgage loan is a notice of error. 35 ( b ) ( 5 ) Imposition of a fee or charge that the servicer lacks a reasonable basis to impose upon the borrower.\n\n3. Error Resolution Notice under 12 C.F.R. 1024.35 and correcting the error or errors identified by the borrower and providing the borrower with a written notification of the correction, the effective date of the correction, and contact information, including a telephone number, for further assistance.\n\n4. ( ii ) Different or additional error. If during a reasonable investigation of a notice of error, a servicer concludes that errors occurred other than, or in addition to, the error or errors alleged by the borrower, the servicer shall correct all such additional errors and provide the borrower with a written notification that describes the errors the servicer identified, the action taken to correct the errors, the effective date of the correction, and contact information, including a telephone number, for further assistance. \n\n5. XXXX XXXX XXXX ( XXXX ) and XXXX XXXX illegal practices pose a detriment and these fees imposed were fraudulent in nature. This practice is unfair to us as borrowers and we are harmed by this illegal practices since the additional {$51.00}, XXXX was added to our original loan amount.. These practices are unfair, abusive, deceptive or predatory acts by the financial services company and its affiliatessuch as excessive fees, financial fraud or other illegal acts against me the consumer.\n\n6. I visited the property on two prior occasions and was provided incorrect codes to enter the property. I entered the property on a third occasion and took photograph ( see attachment ) of the entire house and all the damage within and throughout. It is evident that no work was performed for numerous years especially amounting to {$51000.00}. \n\n7. Select Portfolio Services incorrectly imposed preservation fees to my loan in the amount of approximately {$51.00}, XXXX from XX/XX/XXXX to XX/XX/XXXX. Photo documentation reflect the home has been in despair for awhile and deteriorated. XXXX and XXXX XXXX has added fees to the mortgage loan and no work or little work was performed.\n\n8. Payoff Errors : Select Portfolio Services provided an inaccurate mortgage payoff balance, since there was possible fraud by XXXX XXXX XXXX ( XXXX ) and XXXX XXXX. XXXX XXXX XXXX ( XXXX ) and Safeguard properties collected over {$51.00}, XXXX of monies for work not performed. \n\n9. I am requesting Select Portfolio Services Inc certified me through the documents that an error has occurred and credit my account. As a borrow I should be protected from these unfair deceptive practices.\n\n10. A servicer is generally required to respond to a written request for information from a borrower regarding the mortgage loan Here, Select Portfolio Servicing , Inc has erred by adding {$51000.00} of unreasonable fees or fees for work not performed which should be immediately credited. Also I am requesting that XXXX XXXX XXXX  ( XXXX  ) and XXXX XXXX no longer maintain the property on record nor try to make necessary repairs at this date or future date to rectify the fraudulent activity of the fees added. The family will be responsible for any future repair or work performed and once this error is rectified plan to cure any default once the payoff amount has been corrected.\n\nThank you for taking the time to respond to this Notice of Error within 5 business days. \n\n\n***** PLEASE SEND ALL CORRESPONDENCE TO ***** :","date_sent_to_company":"2021-11-03T04:25:07.000Z","issue":"Trouble during payment process","sub_product":"Conventional home mortgage","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"4873938","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SELECT PORTFOLIO SERVICING, INC.","date_received":"2021-11-03T04:12:40.000Z","state":"FL","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":["<em>Error</em> Resolution Notice under 12 C.F.R. 1024.35 and correcting the <em>error</em> or <em>errors</em> <em>identified</em> by the borrower and <em>providing</em> the borrower with a written <em>notification</em> of the <em>correction</em>, the <em>effective</em> date of the <em>correction</em>, and contact information, including a telephone number, for further assistance.\n\n4. ( ii ) Different or additional <em>error</em>."]},"sort":[24.677395,"4873938"]},{"_index":"complaint-public-v1","_id":"6485028","_score":21.47574,"_source":{"product":"Mortgage","complaint_what_happened":"RESPONDENTS FAILURE TO TIMELY INVESTIGATE NOTICE OF ERROR UNDER 12 C.F.R. 1024.35 ( e ) Pursuant to 12 C.F.R. 1024.35 ( e ) ( 3 ) ( i ) ( A ), a servicer must comply with the requirements of 12 C.F.R. 1024.35 ( e ) ( 1 ) not later than seven days ( excluding legal public holidays, Saturdays, and Sundays ) after the servicer receives the notice of errors for errors asserted under paragraph ( b ) ( 6 ) of 12 C.F.R. 1024.35. ( Emphasis added ).\n\n12 C.F.R. 1024.35 ( e ) ( 1 ) provides that ; 1 ) a servicer must respond to an NOE by either correcting the error or errors identified by the borrower and providing the borrower with a written notification of the correction, the effective date of the correction, and contact information, including a phone number for further assistance ; or by 2 ) conducting a reasonable investigation and providing the borrower with written notification that includes a statement that : i ) the servicer has determined that no error occurred ; ii ) a statement of the reason or reasons for this determination ; iii ) a statement of the borrowers right to request documents relied upon by the servicer in reaching its determination ; and iv ) information regarding how the borrower can request such documents, and contact information, including a phone number, for further assistance. \n\nOn XX/XX/2022, the Consumer XXXX XXXX XXXX ( the Consumer ) submitted a notice of error ( NOE ) to RESPONDENT Fay Servicing , LLC ( RESPONDENT or FAY ) in which RESPONDENT received on XX/XX/2022 at the address that it has designated to receive such NOEs. The XXXX XX/XX/2022 XXXX was due to RESPONDENTs failure to investigate the XXXX previous NOE. A copy of the Consumers XX/XX/2022 XXXX ; and a copy the United States XXXX services XX/XX/2022 delivery confirmation of same, are attached hereto as Exhibits A and B, respectively. \nOn XX/XX/2022, RESPONDENT provided an untimely response to XXXX XX/XX/2022 XXXX. Clearly, RESPONDENT waited approximately 21 days ( excluding weekends and holidays ), before it decided to respond to Consumers XX/XX/2022 notice of error not 7 days as required by Regulation X, 12 C.F.R. 1024.35 ( e ) ( 3 ) ( i ) ( A ). A copy of RESPONDENTs XX/XX/2022 untimely response to the Consumers XX/XX/2022 XXXX, is attached hereto as Exhibit C. \nDespite receiving Consumers NOE on XX/XX/2022, XXXX XXXX intentionally failed to provide a timely and reasonable investigation of Consumers XX/XX/2022 NOE. More specifically, XXXX failed to timely investigate and/or correct any of the errors asserted in the Consumers XX/XX/2022 Inquiry, and to do so within the applicable timeframe of seven ( 7 ) business days of receipt of such NOE- as required by 12 C.F.R. 1024.35 ( e ) ( 3 ). Instead, RESPONDENT, during those seven business days, simply ignored the 7-day dead line to investigate the XXXX XX/XX/2022 NOE. \nAs a result of FAYs violations alleged herein, Consumer has suffered actual damages in the form of emotional distress, anxiety, the constant fear of losing her home, worry, embarrassment, and anguish because of the ongoing failures of the RESPONDENT to timely address Consumers XX/XX/2022 XXXX.","date_sent_to_company":"2023-01-25T14:17:55.000Z","issue":"Trouble during payment process","sub_product":"Conventional home mortgage","zip_code":"33322","tags":null,"has_narrative":true,"complaint_id":"6485028","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Fay Servicing, LLC","date_received":"2023-01-25T13:44:41.000Z","state":"FL","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["must respond to an NOE by either correcting the <em>error</em> or <em>errors</em> <em>identified</em> by the borrower and <em>providing</em> the borrower with a written <em>notification</em> of the <em>correction</em>, the <em>effective</em> date of the <em>correction</em>, and contact information, including a phone number for further assistance ; or by 2 ) conducting a reasonable investigation and <em>providing</em> the borrower with written <em>notification</em> that includes a statement that : i ) the servicer has determined that no <em>error</em> occurred ; ii ) a statement of the reason"]},"sort":[21.47574,"6485028"]},{"_index":"complaint-public-v1","_id":"6485149","_score":20.816538,"_source":{"product":"Mortgage","complaint_what_happened":"Respondent : Bank of America XXXX XXXX XXXX XXXX XXXX, CA XXXX RESPONDENTS FAILURE TO TIMELY INVESTIGATE NOTICE OF ERROR UNDER 12 C.F.R. 1024.35 ( e ) * Pursuant to 12 C.F.R. 1024.35 ( e ) ( 3 ) ( i ) ( A ), a servicer must comply with the requirements of 12 C.F.R. 1024.35 ( e ) ( 1 ) not later than XXXX days ( excluding legal public holidays, XXXX, and XXXX ) after the servicer receives the notice of errors for errors asserted under paragraph ( b ) ( 6 ) of 12 C.F.R. 1024.35. ( Emphasis added ).\n\n* 12 C.F.R. 1024.35 ( e ) ( 1 ) provides that ; 1 ) a servicer must respond to an NOE by either correcting the error or errors identified by the borrower and providing the borrower with a written notification of the correction, the effective date of the correction, and contact information, including a phone number for further assistance ; or by 2 ) conducting a reasonable investigation and providing the borrower with written notification that includes a statement that : i ) the servicer has determined that no error occurred ; ii ) a statement of the reason or reasons for this determination ; iii ) a statement of the borrowers right to request documents relied upon by the servicer in reaching its determination ; and iv ) information regarding how the borrower can request such documents, and contact information, including a phone number, for further assistance. \n\n* On XX/XX/2022, the Consumer XXXX XXXX ( the Consumer ) submitted a notice of error ( NOE ) to XXXX Bank of America XXXX XXXX or BOA ) in which XXXX received on XX/XX/2022 at the address that it has designated to receive such NOEs. The XXXX XX/XX/2022 XXXX was due to an inaccurate, unfair, and misleading XX/XX/2022 payoff statement issued by XXXX. Specifically, the Consumers XX/XX/2022 XXXX was due to XXXX violation of the Fair Debt Collection Practices Act in demanding certain unexplained and non-itemized charges in that XX/XX/2022 payoff statement. A copy of the Consumers XX/XX/2022 XXXX ; and a copy the United States postal services XX/XX/2022 delivery confirmation of same, are attached hereto as Exhibits A and B, respectively. \n* On XX/XX/2022, XXXX provided an untimely response to XXXX XX/XX/2022 XXXX. Clearly, XXXX waited approximately 30 days ( excluding weekends and holidays ), before it decided to respond to Consumers XX/XX/2022 notice of error not 7 days as required by Regulation X, 12 C.F.R. 1024.35 ( e ) ( 3 ) ( i ) ( A ). A copy of XXXX XX/XX/2022 untimely response is attached hereto as Exhibit C. \n* Despite receiving Consumers NOE on XX/XX/2022, XXXX BOA intentionally failed to provide a timely and reasonable investigation of Consumers XX/XX/2022 XXXX. More specifically, XXXX failed to timely investigate and/or correct any of the errors asserted in the Consumers XX/XX/2022 Inquiry, and to do so within the applicable timeframe of XXXX ( XXXX ) business days of receipt of such NOE- as required by 12 C.F.R. 1024.35 ( e ) ( 3 ). Instead, XXXX, during those XXXX business days, simply ignored the XXXX dead line to investigate the XXXX XX/XX/2022 XXXX. \n* As a result of BOAs violations alleged herein, Consumer has suffered actual damages in the form of emotional distress, anxiety, the constant fear of losing her home, worry, embarrassment, and anguish because of the ongoing failures of the XXXX to timely address XXXX XX/XX/2022 XXXX.","date_sent_to_company":"2023-01-25T12:45:58.000Z","issue":"Trouble during payment process","sub_product":"Conventional home mortgage","zip_code":"33068","tags":null,"has_narrative":true,"complaint_id":"6485149","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2023-01-25T12:31:31.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["* 12 C.F.R. 1024.35 ( e ) ( 1 ) provides that ; 1 ) a servicer must respond to an NOE by either correcting the <em>error</em> or <em>errors</em> <em>identified</em> by the borrower and <em>providing</em> the borrower with a written <em>notification</em> of the <em>correction</em>, the <em>effective</em> date of the <em>correction</em>, and contact information, including a phone number for further assistance ; or by 2 ) conducting a reasonable investigation and <em>providing</em> the borrower with written <em>notification</em> that includes a statement that : i ) the servicer has determined"]},"sort":[20.816538,"6485149"]},{"_index":"complaint-public-v1","_id":"8149950","_score":13.386492,"_source":{"product":"Credit card","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX IA XXXX XXXX : Account ending in XXXX Creditor : Capital One N.A. \n\nDear XXXX XXXX XXXX, We're closing this account because activity on this or another account is not consistent with our expectations for account usage and violates the Capital One Customer Agreement. Please stop using this account immediately and destroy any cards and checks associated with it. Also, you should update any recurring payments being charged to this account, including gym memberships, subscriptions to online streaming services, etc. You're still responsible for paying any remaining account balance and will continue to receive billing statements until the balance reaches XXXX. \nIf you have questions, please call us anytime at XXXXCAPITAL ( XXXX ). \nSincerely, Capital One EQUAL CREDIT OPPORTUNITY ACT The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age ( provided the applicant has the capacity to enter into a binding contract ) ; because all or part of the applicant 's income derives from any public assistance program ; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Bureau of Consumer Financial Protection, XXXX XXXX XXXX XXXX, XXXX, DC XXXX. \n\n( My Response ) XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IA XXXX XXXX : Account ending in XXXX Last XXXX of SS # XXXX Creditor : Capital One N.A. \n\n\nDear Capital One, or Whom It May Concern : I am responding to such fraud letter that resulted in my account being closed. However, credit card fraud refers to the illegal use of another persons personal information for the purposes of making a transaction without their knowledge and approval. It can also refer to the use of an organizations credit card to make unauthorized personal purchases. I am stating that, I Did, No Such Thing. I am a victim and had nothing to do with the crime in question. \n\nAnd according to the Equal Credit Opportunity Act, XXXX, Scope of prohibition ( d ) Reason for adverse action ; procedure applicable ; adverse action defined ( 1 ) Within thirty days ( or such longer reasonable time as specified in regulations of the Bureau for any class of credit transaction ) after receipt of a completed application for credit, a creditor shall notify the applicant of its action on the application. ( 2 ) Each applicant against whom adverse action is taken shall be entitled to a statement of reasons for such action from the creditor. A creditor satisfies this obligation by ( A ) providing statements of reasons in writing as a matter of course to applicants against whom adverse action is taken ; or ( B ) giving written notification of adverse action which discloses ( i ) the applicants right to a statement of reasons within thirty days after receipt by the creditor of a request made within sixty days after such notification, and ( ii ) the identity of the person or office from which such statement may be obtained. Such statement may be given orally if the written notification advises the applicant of his right to have the statement of reasons confirmed in writing on written request.\n\n15 U.S.C.\n\nUnited States Code, 2021 Edition Title 15 - COMMERCE AND TRADE CHAPTER 41 - CONSUMER CREDIT PROTECTION SUBCHAPTER I - CONSUMER CREDIT COST DISCLOSURE Part D - Credit Billing From the U.S. Government Publishing Office, www.gpo.gov Part DCredit Billing 1666. Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor If a creditor, within sixty days after having transmitted to an obligor a statement of the obligor 's account in connection with an extension of consumer credit, receives at the address disclosed under section 1637 ( b ) ( 10 ) of this title a written notice ( other than notice on a payment stub or other payment medium supplied by the creditor if the creditor so stipulates with the disclosure required under section 1637 ( a ) ( 7 ) of this title ) from the obligor in which the obligor ( 1 ) sets forth or otherwise enables the creditor to identify the name and account number ( if any ) of the obligor, ( 2 ) indicates the obligor 's belief that the statement contains a billing error and the amount of such billing error, and ( 3 ) sets forth the reasons for the obligor 's belief ( to the extent applicable ) that the statement contains a billing error, the creditor shall, unless the obligor has, after giving such written notice and before the expiration of the time limits herein specified, agreed that the statement was correct ( A ) not later than thirty days after the receipt of the notice, send a written acknowledgment thereof to the obligor, unless the action required in subparagraph ( B ) is taken within such thirty-day period, and ( B ) not later than two complete billing cycles of the creditor ( in no event later than ninety days ) after the receipt of the notice and prior to taking any action to collect the amount, or any part thereof, indicated by the obligor under paragraph ( 2 ) either ( i ) make appropriate corrections in the account of the obligor, including the crediting of any finance charges on amounts erroneously billed, and transmit to the obligor a notification of such corrections and the creditor 's explanation of any change in the amount indicated by the obligor under paragraph ( 2 ) and, if any such change is made and the obligor so requests, copies of documentary evidence of the obligor 's indebtedness ; or ( ii ) send a written explanation or clarification to the obligor, after having conducted an investigation, setting forth to the extent applicable the reasons why the creditor believes the account of the obligor was correctly shown in the statement and, upon request of the obligor, provide copies of documentary evidence of the obligor 's indebtedness. In the case of a billing error where the obligor alleges that the creditor 's billing statement reflects goods not delivered to the obligor or his designee in accordance with the agreement made at the time of the transaction, a creditor may not construe such amount to be correctly shown unless he determines that such goods were actually delivered, mailed, or otherwise sent to the obligor and provides the obligor with a statement of such determination.\n\nAfter complying with the provisions of this subsection with respect to an alleged billing error, a creditor has no further responsibility under this section if the obligor continues to make substantially the same allegation with respect to such error.\n\n( b ) Billing error For the purpose of this section, a \" billing error '' consists of any of the following : ( 1 ) A reflection on a statement of an extension of credit which was not made to the obligor or, if made, was not in the amount reflected on such statement.\n\n( 2 ) A reflection on a statement of an extension of credit for which the obligor requests additional clarification including documentary evidence thereof.\n\n( 3 ) A reflection on a statement of goods or services not accepted by the obligor or his designee or not delivered to the obligor or his designee in accordance with the agreement made at the time of a transaction.\n\n( 4 ) The creditor 's failure to reflect properly on a statement a payment made by the obligor or a credit issued to the obligor.\n\n( 5 ) A computation error or similar error of an accounting nature of the creditor on a statement.\n\n( 6 ) Failure to transmit the statement required under section 1637 ( b ) of this title to the last address of the obligor which has been disclosed to the creditor, unless that address was furnished less than twenty days before the end of the billing cycle for which the statement is required.\n\n( 7 ) Any other error described in regulations of the Bureau.\n\n( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error For the purposes of this section, \" action to collect the amount, or any part thereof, indicated by an obligor under paragraph ( 2 ) '' does not include the sending of statements of account, which may include finance charges on amounts in dispute, to the obligor following written notice from the obligor as specified under subsection ( a ), if ( 1 ) the obligor 's account is not restricted or closed because of the failure of the obligor to pay the amount indicated under paragraph ( 2 ) of subsection ( a ), and ( 2 ) the creditor indicates the payment of such amount is not required pending the creditor 's compliance with this section.\n\nNothing in this section shall be construed to prohibit any action by a creditor to collect any amount which has not been indicated by the obligor to contain a billing error.\n\n( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error Pursuant to regulations of the Bureau, a creditor operating an open end consumer credit plan may not, prior to the sending of the written explanation or clarification required under paragraph ( B ) ( ii ), restrict or close an account with respect to which the obligor has indicated pursuant to subsection ( a ) that he believes such account to contain a billing error solely because of the obligor 's failure to pay the amount indicated to be in error. Nothing in this subsection shall be deemed to prohibit a creditor from applying against the credit limit on the obligor 's account the amount indicated to be in error.\n\n( e ) Effect of noncompliance with requirements by creditor Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}.\n\n1666a. Regulation of credit reports ( a ) Reports by creditor on obligor 's failure to pay amount regarded as billing error After receiving a notice from an obligor as provided in section 1666 ( a ) of this title, a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligor 's credit rating or credit standing because of the obligor 's failure to pay the amount indicated by the obligor under section 1666 ( a ) ( 2 ) of this title, and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 1666 of this title and has allowed the obligor the same number of days ( not less than ten ) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts.\n\n( b ) Reports by creditor on delinquent amounts in dispute ; notification of obligor of parties notified of delinquency If a creditor receives a further written notice from an obligor that an amount is still in dispute within the time allowed for payment under subsection ( a ) of this section, a creditor may not report to any third party that the amount of the obligor is delinquent because the obligor has failed to pay an amount which he has indicated under section 1666 ( a ) ( 2 ) of this title, unless the creditor also reports that the amount is in dispute and, at the same time, notifies the obligor of the name and address of each party to whom the creditor is reporting information concerning the delinquency.\n\n( c ) Reports by creditor of subsequent resolution of delinquent amounts A creditor shall report any subsequent resolution of any delinquencies reported pursuant to subsection ( b ) to the parties to whom such delinquencies were initially reported.\n\n1666h. Offset of cardholder 's indebtedness by issuer of credit card with funds deposited with issuer by cardholder ; remedies of creditors under State law not affected ( a ) Offset against consumer 's funds A card issuer may not take any action to offset a cardholder 's indebtedness arising in connection with a consumer credit transaction under the relevant credit card plan against funds of the cardholder held on deposit with the card issuer unless ( 1 ) such action was previously authorized in writing by the cardholder in accordance with a credit plan whereby the cardholder agrees periodically to pay debts incurred in his open end credit account by permitting the card issuer periodically to deduct all or a portion of such debt from the cardholder 's deposit account, and ( 2 ) such action with respect to any outstanding disputed amount not be taken by the card issuer upon request of the cardholder.\n\nIn the case of any credit card account in existence on the effective date of this section, the previous written authorization referred to in clause ( 1 ) shall not be required until the date ( after such effective date ) when such account is renewed, but in no case later than one year after such effective date. Such written authorization shall be deemed to exist if the card issuer has previously notified the cardholder that the use of his credit card account will subject any funds which the card issuer holds in deposit accounts of such cardholder to offset against any amounts due and payable on his credit card account which have not been paid in accordance with the terms of the agreement between the card issuer and the cardholder.\n\n( b ) Attachments and levies This section does not alter or affect the right under State law of a card issuer to attach or otherwise levy upon funds of a cardholder held on deposit with the card issuer if that remedy is constitutionally available to creditors generally.\n\nLastly, 15 U.S. Code 1666b - Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.\n\n( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. Therefore, I request an adjustment to my account. \n\nIn good faith, I, XXXX XXXX, certify that I have read the above and do know the facts contained are true, correct and complete, not misleading, the truth, the whole truth and nothing but the truth. \n\nPlease confirm receipt of this letter. Your collaboration and cooperation is greatly appreciated. \n\nSincerely, XXXX XXXX XXXX XXXX certified copy of my response was mailed along with different 3 notaries. \n\nCapital One 's Response : Via Email ( Generic Prefill Letter ) XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX IA XXXX XXXX : Account ending in XXXX Case Number : XXXX Dear XXXX XXXX XXXX, XXXX you for contacting us about your Capital One account. \nWe are unable to fulfill your request through written correspondence. If you contact the number indicated below, an agent will be happy to assist you with your request. \nIf you have any questions, please give us a call at XXXX. We're available XXXX XXXX ( midnight ) XXXX and XXXX XXXX XXXX. \n\nSincerely, Capital One Customer Care Team They will not, and have not, resolved this matter. They are avoiding the issue at all cost. I requested correspondence in writing. However, it is denied. The customer service agents are not knowledgeable, nor equipped to handle this legal dispute. Please look into my claim. Thank you!","date_sent_to_company":"2024-01-12T08:56:21.000Z","issue":"Closing your account","sub_product":"General-purpose credit card or charge card","zip_code":"528XX","tags":null,"has_narrative":true,"complaint_id":"8149950","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2024-01-12T07:55:07.000Z","state":"IA","company_public_response":null,"sub_issue":"Company closed your account"},"highlight":{"complaint_what_happened":["In the case of any credit card account in existence on the <em>effective</em> date of this section, the previous written authorization referred to in clause ( 1 ) shall not be required until the date ( after such <em>effective</em> date ) when such account is renewed, but in no case later than one year after such <em>effective</em> date."]},"sort":[13.386492,"8149950"]},{"_index":"complaint-public-v1","_id":"7920347","_score":9.77886,"_source":{"product":"Debt collection","complaint_what_happened":"All furnishers of consumer reports must comply with all applicable regulations, including regulations promulgated after this notice was first prescribed in 2004. Information about applicable regulations currently in effect can be found at the Consumer Financial Protection Bureaus website, www.consumerfinance.gov/learnmore.\n\nNOTICE TO FURNISHERS OF INFORMATION : OBLIGATIONS OF FURNISHERS UNDER THE FCRA The federal Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681-1681y, imposes responsibilities on all persons who furnish information to consumer reporting agencies ( CRAs ). These responsibilities are found in Section 623 of the FCRA, 15 U.S.C. 1681s-2. State law may impose additional requirements on furnishers. All furnishers of information to CRAs should become familiar with the applicable laws and may want to consult with their counsel to ensure that they are in compliance. The text of the FCRA is set forth in full at the Bureau of Consumer Financial Protections website at www.consumerfinance.gov/learnmore. A list of the sections of the FCRA cross-referenced to the U.S. Code is at the end of this document.\n\nSection 623 imposes the following duties : Accuracy Guidelines The banking and credit union regulators and the CFPB will promulgate guidelines and regulations dealing with the accuracy of information provided to CRAs by furnishers. The regulations and guidelines issued by the CFPB will be available at www.consumerfinance.gov/learnmore when they are issued. Section 623 ( e ). \nGeneral Prohibition on Reporting Inaccurate Information The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable cause to believe is inaccurate. However, the furnisher is not subject to this general prohibition if it clearly and conspicuously specifies an address to which consumers may write to notify the furnisher that certain information is inaccurate. Sections 623 ( a ) ( 1 ) ( A ) and ( a ) ( 1 ) ( C ).\n\nDuty to Correct and Update Information If at any time a person who regularly and in the ordinary course of business furnishes information to one or more CRAs determines that the information provided is not complete or accurate, the furnisher must promptly provide complete and accurate information to the CRA. In addition, the furnisher must notify all CRAs that received the information of any corrections, and must thereafter report only the complete and accurate information. Section 623 ( a ) ( 2 ).\n\nDuties After Notice of Dispute from Consumer If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623 ( a ) ( 1 ) ( B ).\n\nIf a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher, the furnisher may not subsequently report that information to a CRA without providing notice of the dispute. Section 623 ( a ) ( 3 ).\n\nThe federal banking and credit union regulators and the CFPB will issue regulations that will identify when an information furnisher must investigate a dispute made directly to the furnisher by a consumer. Once these regulations are issued, furnishers must comply with them and complete an investigation within 30 days ( or 45 days, if the consumer later provides relevant additional information ) unless the dispute is frivolous or irrelevant or comes from a credit repair organization. The CFPB regulations will be available at www.consumerfinance.gov. Section 623 ( a ) ( 8 ).\n\nDuties After Notice of Dispute from Consumer Reporting Agency If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of information provided by the furnisher, the furnisher has a duty to follow certain procedures. The furnisher must : Conduct an investigation and review all relevant information provided by the CRA, including information given to the CRA by the consumer. Sections 623 ( b ) ( 1 ) ( A ) and ( b ) ( 1 ) ( B ).\n\nReport the results to the CRA that referred the dispute, and, if the investigation establishes that the information was, in fact, incomplete or inaccurate, report the results to all CRAs to which the furnisher provided the information that compile and maintain files on a nationwide basis. Sections 623 ( b ) ( 1 ) ( C ) and ( b ) ( 1 ) ( D ).\n\nComplete the above steps within 30 days from the date the CRA receives the dispute ( or 45 days, if the consumer later provides relevant additional information to the CRA ). Section 623 ( b ) ( 2 ).\n\nPromptly modify or delete the information, or block its reporting. Section 623 ( b ) ( 1 ) ( E ).\n\nDuty to Report Voluntary Closing of Credit Accounts If a consumer voluntarily closes a credit account, any person who regularly and in the ordinary course of business furnishes information to one or more CRAs must report this fact when it provides information to CRAs for the time period in which the account was closed. Section 623 ( a ) ( 4 ).\n\nDuty to Report Dates of Delinquencies If a furnisher reports information concerning a delinquent account placed for collection, charged to profit or loss, or subject to any similar action, the furnisher must, within 90 days after reporting the information, provide the CRA with the month and the year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how long to keep the information in the consumers file. Section 623 ( a ) ( 5 ).\n\nAny person, such as a debt collector, that has acquired or is responsible for collecting delinquent accounts and that reports information to CRAs may comply with the requirements of Section 623 ( a ) ( 5 ) ( until there is a consumer dispute ) by reporting the same delinquency date previously reported by the creditor. If the creditor did not report this date, they may comply with the FCRA by establishing reasonable procedures to obtain and report delinquency dates, or, if a delinquency date can not be reasonably obtained, by following reasonable procedures to ensure that the date reported precedes the date when the account was placed for collection, charged to profit or loss, or subjected to any similar action. Section 623 ( a ) ( 5 ).\n\nDuties of Financial Institutions When Reporting Negative Information Financial institutions that furnish information to nationwide consumer reporting agencies, as defined in Section 603 ( p ), must notify consumers in writing if they may furnish or have furnished negative information to a CRA.\n\nSection 623 ( a ) ( 7 ). The Consumer Financial Protection Bureau has prescribed model disclosures, 12 CFR Part 1022, App. B.\n\nDuties When Furnishing Medical Information A furnisher whose primary business is providing medical services, products, or devices ( and such furnishers agents or assignees ) is a medical information furnisher for the purposes of the FCRA and must notify all CRAs to which it reports of this fact. Section 623 ( a ) ( 9 ). This notice will enable CRAs to comply with their duties under Section 604 ( g ) when reporting medical information.\n\nDuties when ID Theft Occurs All furnishers must have in place reasonable procedures to respond to notifications from CRAs that information furnished is the result of identity theft, and to prevent refurnishing the information in the future. A furnisher may not furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. Section 623 ( a ) ( 6 ). If a furnisher learns that it has furnished inaccurate information due to identity theft, it must notify each consumer reporting agency of the correct information and must thereafter report only complete and accurate information. Section 623 ( a ) ( 2 ). When any furnisher of information is notified pursuant to the procedures set forth in Section 605B that a debt has resulted from identity theft, the furnisher may not sell, transfer, or place for collection the debt except in certain limited circumstances. Section 615 ( f ).\n\nThe Consumer Financial Protection Bureau website, www.consumerfinance.gov/learnmore, has more information about the FCRA.\n\nCitations for FCRA sections in the U.S. Code, 15 U.S.C. 1681 et seq. : 15 U.S.C. 1681 Section 615 15 U.S.C. 1681m Section 603 15 U.S.C. 1681a Section 616 15 U.S.C. 1681n Section 604 15 U.S.C. 1681b Section 617 15 U.S.C. 1681o Section 605 15 U.S.C. 1681c Section 618 15 U.S.C. 1681p Section 605A 15 U.S.C. 1681c-1 Section 619 15 U.S.C. 1681q Section 605B 15 U.S.C. 1681c-2 Section 620 15 U.S.C. 1681r Section 606 15 U.S.C. 1681d Section 621 15 U.S.C. 1681s Section 607 15 U.S.C. 1681e Section 622 15 U.S.C. 1681s-1 Section 608 15 U.S.C. 1681f Section 623 15 U.S.C. 1681s-2 Section 609 15 U.S.C. 1681g Section 624 15 U.S.C. 1681t Section 610 15 U.S.C. 1681h Section 625 15 U.S.C. 1681u Section 611 15 U.S.C. 1681i Section 626 15 U.S.C. 1681v Section 612 15 U.S.C. 1681j Section 627 15 U.S.C. 1681w Section 613 15 U.S.C. 1681k Section 628 15 U.S.C. 1681x Section 614 15 U.S.C. 1681l Section 629 15 U.S.C. 1681y The debt they are trying to collect falls under this disclaimer due to it being from Identity theft.\n\nI filled a report with the police and FCRA.\n\nFCRA 605B ( 15 U.S.C. 1681c-2 ) ( a ) Block. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer.\n\n( b ) Notification. A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) of this section ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section; and ( 4 ) of the effective dates of the block.\n\n( c ) Authority to decline or rescind.\n\n( 1 ) In general. A consumer reporting agency may decline to block, or may rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that ( A ) the information was blocked in error or a block was requested by the consumer in error ; ( B ) the information was blocked, or a block was requested by the consumer, on the basis of a material misrepresentation of fact by the consumer relevant to the request to block ; or ( C ) the consumer obtained possession of goods, services, or money as a result of the blocked transaction or transactions.\n\n( 2 ) Notification to consumer. If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 1681i ( a ) ( 5 ) ( B ) of this title.\n\n( 3 ) Significance of block. For purposes of this subsection, if a consumer reporting agency rescinds a block, the presence of information in the file of a consumer prior to the blocking of such information is not evidence of whether the consumer knew or should have known that the consumer obtained possession of any goods, services, or money as a result of the block.\n\n( d ) Exception for resellers.\n\n( 1 ) No reseller file. This section shall not apply to a consumer reporting agency, if the consumer reporting agency ( A ) is a reseller ; ( B ) is not, at the time of the request of the consumer under subsection ( a ) of this section, otherwise furnishing or reselling a consumer report concerning the information identified by the consumer ; and ( C ) informs the consumer, by any means, that the consumer may report the identity theft to the Bureau to obtain consumer information regarding identity theft.\n\n( 2 ) Reseller with file. The sole obligation of the consumer reporting agency under this section, with regard to any request of a consumer under this section, shall be to block the consumer report maintained by the consumer reporting agency from any subsequent use, if ( A ) the consumer, in accordance with the provisions of subsection ( a ) of this section, identifies, to a consumer reporting agency, information in the file of the consumer that resulted from identity theft ; and ( B ) the consumer reporting agency is a reseller of the identified information.\n\n( 3 ) Notice. In carrying out its obligation under paragraph ( 2 ), the reseller shall promptly provide a notice to the consumer of the decision to block the file. Such notice shall contain the name, address, and telephone number of each consumer reporting agency from which the consumer information was obtained for resale.\n\n( e ) Exception for verification companies. The provisions of this section do not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, except that, beginning 4 business days after receipt of information described in paragraphs ( 1 ) through ( 3 ) of subsection ( a ) of this section, a check services company shall not report to a national consumer reporting agency described in section 1681a ( p ) of this title, any information identified in the subject identity theft report as resulting from identity theft.\n\n( f ) Access to blocked information by law enforcement agencies. No provision of this section shall be construed as requiring a consumer reporting agency to prevent a Federal, State, or local law enforcement agency from accessing blocked information in a consumer file to which the agency could otherwise obtain access under this subchapter.","date_sent_to_company":"2023-11-30T04:18:52.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"89433","tags":"Servicemember","has_narrative":true,"complaint_id":"7920347","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Frontline Asset Strategies, LLC","date_received":"2023-11-30T03:30:46.000Z","state":"NV","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["( b ) <em>Notification</em>. A consumer reporting agency shall promptly notify the furnisher of information <em>identified</em> by the consumer under subsection ( a ) of this section ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section; and ( 4 ) of the <em>effective</em> dates of the block.\n\n( c ) Authority to decline or rescind.\n\n( 1 ) In general."]},"sort":[9.77886,"7920347"]},{"_index":"complaint-public-v1","_id":"7739630","_score":9.289764,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"My information was used without me knowing case of identity theft. XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX FCRA 609 ( e ) ( 15 U.S.C. 1681g ( e ) ) DiSCloSUReS to ConSUmeRS inFoRmAtion AvAilAble to viCtimS ( e ) Information available to victims ( 1 ) In general. For the purpose of documenting fraudulent transactions resulting from identity theft, not later than 30 days after the date of receipt of a request from a victim in accordance with paragraph ( 3 ), and subject to verification of the identity of the victim and the claim of identity theft in accordance with paragraph ( 2 ), a business entity that has provided credit to, provided for consideration products, goods, or services to, accepted payment from, or otherwise entered into a commercial transaction for consideration with, a person who has allegedly made unauthorized use of the means of identification of the victim, shall provide a copy of application and business transaction records in the control of the business entity, whether maintained by the business entity or by another person on behalf of the business entity, evidencing any transaction alleged to be a result of identity theft to -- ( A ) the victim ; ( B ) any Federal, State, or local government law enforcement agency or officer specified by the victim in such a request ; or ( C ) any law enforcement agency investigating the identity theft and authorized by the victim to take receipt of records provided under this subsection. ( 2 ) Verification of identity and claim. Before a business entity provides any information under paragraph ( 1 ), unless the business entity, at its discretion, otherwise has a high degree of confidence that it knows the identity of the victim making a request under paragraph ( 1 ), the victim shall provide to the business entity -- ( A ) as proof of positive identification of the victim, at the election of the business entity -- ( i ) the presentation of a government-issued identification card ; ( ii ) personally identifying information of the same type as was provided to the business entity by the unauthorized person ; or ( iii ) personally identifying information that the business entity typically requests from new applicants or for new transactions, at the time of the victims request for information, including any documentation described in clauses ( i ) and ( ii ) ; and ( B ) as proof of a claim of identity theft, at the election of the business entity -- ( i ) a copy of a police report evidencing the claim of the victim of identity theft ; and ( ii ) a properly completed -- ( I ) copy of a standardized affidavit of identity theft developed and made available by the Commission ; or ( II ) an [ FN1 ] affidavit of fact that is acceptable to the business entity for that purpose. ( 3 ) Procedures. The request of a victim under paragraph ( 1 ) shall -- ( A ) be in writing ; ( B ) be mailed to an address specified by the business entity, if any ; and ( C ) if asked by the business entity, include relevant information about any transaction alleged to be a result of identity theft to facilitate compliance with this section including -- ( i ) if known by the victim ( or if readily obtainable by the victim ), the date of the application or transaction ; and ( ii ) if known by the victim ( or if readily obtainable by the victim ), any other identifying information such as an account or transaction number. ( 4 ) No charge to victim. Information required to be provided under paragraph ( 1 ) shall be so provided without charge. ( 5 ) Authority to decline to provide information. A business entity may decline to provide information under paragraph ( 1 ) if, in the exercise of good faith, the business entity determines that -- ( A ) this subsection does not require disclosure of the information ; ( B ) after reviewing the information provided pursuant to paragraph ( 2 ), the business entity does not have a high degree of confidence in knowing the true identity of the individual requesting the information ; ( C ) the request for the information is based on a misrepresentation of fact by the individual requesting the information relevant to the request for information ; or ( D ) the information requested is Internet navigational data or similar information about a persons visit to a website or online service. ( 6 ) Limitation on liability. Except as provided in section 1681s of this title, sections 1681n and 1681o of this title do not apply to any violation of this subsection. ( 7 ) Limitation on civil liability. No business entity may be held civilly liable under any provision of Federal, State, or other law for disclosure, made in good faith pursuant to this subsection. ( 8 ) No new recordkeeping obligation. Nothing in this subsection creates an obligation on the part of a business entity to obtain, retain, or maintain information or records that are not otherwise required to be obtained, retained, or maintained in the ordinary course of its business or under other applicable law. ( 9 ) Rule of construction ( A ) In general. No provision of subtitle A of title V of Public Law 106-102, prohibiting the disclosure of financial information by a business entity to third parties shall be used to deny disclosure of information to the victim under this subsection. ( B ) Limitation. Except as provided in subparagraph ( A ), nothing in this subsection permits a business entity to disclose information, including information to law enforcement under subparagraphs ( B ) and ( C ) of paragraph ( 1 ), that the business entity is otherwise prohibited from disclosing under any other applicable provision of Federal or State law. ( 10 ) Affirmative defense. In any civil action brought to enforce this subsection, it is an affirmative defense ( which the defendant must establish by a preponderance of the evidence ) for a business entity to file an affidavit or answer stating that -- ( A ) the business entity has made a reasonably diligent search of its available business records; and ( B ) the records requested under this subsection do not exist or are not reasonably available. ( 11 ) Definition of victim. For purposes of this subsection, the term victim means a consumer whose means of identification or financial information has been used or transferred ( or has been alleged to have been used or transferred ) without the authority of that consumer, with the intent to commit, or to aid or abet, an identity theft or a similar crime. ( 12 ) Effective date. This subsection shall become effective 180 days after XX/XX/2003. ( XXXX ) Effectiveness study. Not later than 18 months after XX/XX/2003, the Comptroller General of the United States shall submit a report to Congress assessing the effectiveness of this provision. FCRA 605B ( 15 U.S.C. 1681c-2 ) ( a ) Block. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. ( b ) Notification. A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) of this section ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section; and ( 4 ) of the effective dates of the block. ( c ) Authority to decline or rescind. ( 1 ) In general. A consumer reporting agency may decline to block, or may rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that ( A ) the information was blocked in error or a block was requested by the consumer in error ; ( B ) the information was blocked, or a block was requested by the consumer, on the basis of a material misrepresentation of fact by the consumer relevant to the request to block ; or ( C ) the consumer obtained possession of goods, services, or money as a result of the blocked transaction or transactions. ( 2 ) Notification to consumer. If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 1681i ( a ) ( 5 ) ( B ) of this title. ( 3 ) Significance of block. For purposes of this subsection, if a consumer reporting agency rescinds a block, the presence of information in the file of a consumer prior to the blocking of such information is not evidence of whether the consumer knew or should have known that the consumer obtained possession of any goods, services, or money as a result of the block. ( d ) Exception for resellers. ( 1 ) No reseller file. This section shall not apply to a consumer reporting agency, if the consumer reporting agency ( A ) is a reseller ; ( B ) is not, at the time of the request of the consumer under subsection ( a ) of this section, otherwise furnishing or reselling a consumer report concerning the information identified by the consumer ; and ( C ) informs the consumer, by any means, that the consumer may report the identity theft to the Bureau to obtain consumer information regarding identity theft. ( 2 ) Reseller with file. The sole obligation of the consumer reporting agency under this section, with regard to any request of a consumer under this section, shall be to block the consumer report maintained by the consumer reporting agency from any subsequent use, if ( A ) the consumer, in accordance with the provisions of subsection ( a ) of this section, identifies, to a consumer reporting agency, information in the file of the consumer that resulted from identity theft ; and ( B ) the consumer reporting agency is a reseller of the identified information. ( 3 ) Notice. In carrying out its obligation under paragraph ( 2 ), the reseller shall promptly provide a notice to the consumer of the decision to block the file. Such notice shall contain the name, address, and telephone number of each consumer reporting agency from which the consumer information was obtained for resale. ( e ) Exception for verification companies. The provisions of this section do not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, except that, beginning 4 business days after receipt of information described in paragraphs ( 1 ) through ( 3 ) of subsection ( a ) of this section, a check services company shall not report to a national consumer reporting agency described in section 1681a ( p ) of this title, any information identified in the subject identity theft report as resulting from identity theft. ( f ) Access to blocked information by law enforcement agencies. No provision of this section shall be construed as requiring a consumer reporting agency to prevent a Federal, State, or local law enforcement agency from accessing blocked information in a consumer file to which the agency could otherwise obtain access under this subchapter. NOTICE TO FURNISHERS OF INFORMATION : OBLIGATIONS OF FURNISHERS UNDER THE FCRA The federal Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681-1681y, imposes responsibilities on all persons who furnish information to consumer reporting agencies ( CRAs ). These responsibilities are found in Section 623 of the FCRA, 15 U.S.C. 1681s-2. State law may impose additional requirements on furnishers. All furnishers of information to CRAs should become familiar with the applicable laws and may want to consult with their counsel to ensure that they are in compliance. The text of the FCRA is set forth in full at the Bureau of Consumer Financial Protection 's website at consumerfinance.gov/learnmore. A list of the sections of the FCRA cross-referenced to the U.S. Code is at the end of this document. Section 623 imposes the following duties : Accuracy Guidelines The banking and credit union regulators and the CFPB will promulgate guidelines and regulations dealing with the accuracy of information provided to CRAs by furnishers. The regulations and guidelines issued by the CFPB will be available at consumerfinance.gov/learnmore when they are issued. Section 623 ( e ). General Prohibition on Reporting Inaccurate Information The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable cause to believe is inaccurate. However, the furnisher is not subject to this general prohibition if it clearly and conspicuously specifies an address to which consumers may write to notify the furnisher that certain information is inaccurate. Sections 623 ( a ) ( 1 ) ( A ) and ( a ) ( 1 ) ( C ). Duty to Correct and Update Information If at any time a person who regularly and in the ordinary course of business furnishes information to one or more CRAs determines that the information provided is not complete or accurate, the furnisher must promptly provide complete and accurate information to the CRA. In addition, the furnisher must notify all CRAs that received the information of any corrections, and must thereafter report only the complete and accurate information. Section 623 ( a ) ( 2 ). Duties After Notice of Dispute from Consumer If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623 ( a ) ( 1 ) ( B ). If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher, the furnisher may not subsequently report that information to a CRA without providing notice of the dispute. Section 623 ( a ) ( 3 ). The federal banking and credit union regulators and the CFPB will issue regulations that will identify when an information furnisher must investigate a dispute made directly to the furnisher by a consumer. Once these regulations are issued, furnishers must comply with them and complete an investigation within 30 days ( or 45 days, if the consumer later provides relevant additional information ) unless the dispute is frivolous or irrelevant or comes from a credit repair organization. The CFPB regulations will be available at consumerfinance.gov. Section 623 ( a ) ( 8 ). Duties After Notice of Dispute from Consumer Reporting Agency If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of information provided by the furnisher, the furnisher has a duty to follow certain procedures. The furnisher must : Conduct an investigation and review all relevant information provided by the CRA, including information given to the CRA by the consumer. Sections 623 ( b ) ( 1 ) ( A ) and ( b ) ( 1 ) ( B ). Report the results to the CRA that referred the dispute, and, if the investigation establishes that the information was, in fact, incomplete or inaccurate, report the results to all CRAs to which the furnisher provided the information that compile and maintain files on a nationwide basis. Sections 623 ( b ) ( 1 ) ( C ) and ( b ) ( 1 ) ( D ). Complete the above steps within 30 days from the date the CRA receives the dispute ( or 45 days, if the consumer later provides relevant additional information to the CRA ). Section 623 ( b ) ( 2 ). Promptly modify or delete the information, or block its reporting. Section 623 ( b ) ( 1 ) ( E ). Duty to Report Voluntary Closing of Credit Accounts If a consumer voluntarily closes a credit account, any person who regularly and in the ordinary course of business furnishes information to one or more CRAs must report this fact when it provides information to CRAs for the time period in which the account was closed. Section 623 ( a ) ( 4 ). Duty to Report Dates of Delinquencies If a furnisher reports information concerning a delinquent account placed for collection, charged to profit or loss, or subject to any similar action, the furnisher must, within 90 days after reporting the information, provide the CRA with the month and the year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how long to keep the information in the consumer 's file. Section 623 ( a ) ( 5 ). Any person, such as a debt collector, that has acquired or is responsible for collecting delinquent accounts and that reports information to CRAs may comply with the requirements of Section 623 ( a ) ( 5 ) ( until there is a consumer dispute ) by reporting the same delinquency date previously reported by the creditor. If the creditor did not report this date, they may comply with the FCRA by establishing reasonable procedures to obtain and report delinquency dates, or, if a delinquency date can not be reasonably obtained, by following reasonable procedures to ensure that the date reported precedes the date when the account was placed for collection, charged to profit or loss, or subjected to any similar action. Section 623 ( a ) ( 5 ). Duties of Financial Institutions When Reporting Negative Information Financial institutions that furnish information to nationwide consumer reporting agencies, as defined in Section 603 ( p ), must notify consumers in writing if they may furnish or have furnished negative information to a CRA. Section 623 ( a ) ( 7 ). The Consumer Financial Protection Bureau has prescribed model disclosures, 12 CFR Part 1022, App. B. Duties When Furnishing Medical Information A furnisher whose primary business is providing medical services, products, or devices ( and such furnisher 's agents or assignees ) is a medical information furnisher for the purposes of the FCRA and must notify all CRAs to which it reports of this fact. Section 623 ( a ) ( 9 ). This notice will enable CRAs to comply with their duties under Section 604 ( g ) when reporting medical information. Duties when ID Theft Occurs All furnishers must have in place reasonable procedures to respond to notifications from CRAs that information furnished is the result of identity theft, and to prevent refurnishing the information in the future. A furnisher may not furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. Section 623 ( a ) ( 6 ). If a furnisher learns that it has furnished inaccurate information due to identity theft, it must notify each consumer reporting agency of the correct information and must thereafter report only complete and accurate information. Section 623 ( a ) ( 2 ). When any furnisher of information is notified pursuant to the procedures set forth in Section 605B that a debt has resulted from identity theft, the furnisher may not sell, transfer, or place for collection the debt except in certain limited circumstances. Section 615 ( f ). The Consumer Financial Protection Bureau website, consumerfinance.gov/learnmore, has more information about the FCRA. Citations for FCRA sections in the U.S. Code, 15 U.S.C. 1681 et seq. : Section 603 Section 604 Section 605 Section 605A Section 605B Section 606 Section 607 Section 608 Section 609 Section 610 Section 611 Section 612 Section 613 Section 614 15 U.S.C. 1681 15 U.S.C. 1681a 15 U.S.C. 1681b 15 U.S.C. 1681c 15 U.S.C. 1681c-1 15 U.S.C. 1681c-2 15 U.S.C. 1681d 15 U.S.C. 1681e 15 U.S.C. 1681f 15 U.S.C. 1681g 15 U.S.C. 1681h 15 U.S.C. 1681i 15 U.S.C. 1681j 15 U.S.C. 1681k 15 U.S.C. 1681l Section 615 Section 616 Section 617 Section 618 Section 619 Section 620 Section 621 Section 622 Section 623 Section 624 Section 625 Section 626 Section 627 Section 628 Section 629 15 U.S.C. 1681m 15 U.S.C. 1681n 15 U.S.C. 1681o 15 U.S.C. 1681p 15 U.S.C. 1681q 15 U.S.C. 1681r 15 U.S.C. 1681s 15 U.S.C. 1681s-1 15 U.S.C. 1681s-2 15 U.S.C. 1681t 15 U.S.C. 1681u 15 U.S.C. 1681v 15 U.S.C. 1681w 15 U.S.C. 1681x 15 U.S.C. 1681y","date_sent_to_company":"2023-10-22T21:42:39.000Z","issue":"Repossession","sub_product":"Loan","zip_code":"19013","tags":null,"has_narrative":true,"complaint_id":"7739630","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-10-22T21:38:41.000Z","state":"PA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Company explaining amount owed"},"highlight":{"complaint_what_happened":["of the <em>identified</em> information. ( 3 ) Notice."]},"sort":[9.289764,"7739630"]},{"_index":"complaint-public-v1","_id":"7739643","_score":9.288284,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"My information was used without me knowing case of identity theft. XXXX XXXX XXXX XXXX XXXX XXXXXXXX FCRA 609 ( e ) ( 15 U.S.C. 1681g ( e ) ) DiSCloSUReS to ConSUmeRS inFoRmAtion AvAilAble to viCtimS ( e ) Information available to victims ( 1 ) In general. For the purpose of documenting fraudulent transactions resulting from identity theft, not later than 30 days after the date of receipt of a request from a victim in accordance with paragraph ( 3 ), and subject to verification of the identity of the victim and the claim of identity theft in accordance with paragraph ( 2 ), a business entity that has provided credit to, provided for consideration products, goods, or services to, accepted payment from, or otherwise entered into a commercial transaction for consideration with, a person who has allegedly made unauthorized use of the means of identification of the victim, shall provide a copy of application and business transaction records in the control of the business entity, whether maintained by the business entity or by another person on behalf of the business entity, evidencing any transaction alleged to be a result of identity theft to -- ( A ) the victim ; ( B ) any Federal, State, or local government law enforcement agency or officer specified by the victim in such a request ; or ( C ) any law enforcement agency investigating the identity theft and authorized by the victim to take receipt of records provided under this subsection. ( 2 ) Verification of identity and claim. Before a business entity provides any information under paragraph ( 1 ), unless the business entity, at its discretion, otherwise has a high degree of confidence that it knows the identity of the victim making a request under paragraph ( 1 ), the victim shall provide to the business entity -- ( A ) as proof of positive identification of the victim, at the election of the business entity -- ( i ) the presentation of a government-issued identification card ; ( ii ) personally identifying information of the same type as was provided to the business entity by the unauthorized person ; or ( iii ) personally identifying information that the business entity typically requests from new applicants or for new transactions, at the time of the victims request for information, including any documentation described in clauses ( i ) and ( ii ) ; and ( B ) as proof of a claim of identity theft, at the election of the business entity -- ( i ) a copy of a police report evidencing the claim of the victim of identity theft ; and ( ii ) a properly completed -- ( I ) copy of a standardized affidavit of identity theft developed and made available by the Commission ; or ( II ) an [ FN1 ] affidavit of fact that is acceptable to the business entity for that purpose. ( 3 ) Procedures. The request of a victim under paragraph ( 1 ) shall -- ( A ) be in writing ; ( B ) be mailed to an address specified by the business entity, if any ; and ( C ) if asked by the business entity, include relevant information about any transaction alleged to be a result of identity theft to facilitate compliance with this section including -- ( i ) if known by the victim ( or if readily obtainable by the victim ), the date of the application or transaction ; and ( ii ) if known by the victim ( or if readily obtainable by the victim ), any other identifying information such as an account or transaction number. ( 4 ) No charge to victim. Information required to be provided under paragraph ( 1 ) shall be so provided without charge. ( 5 ) Authority to decline to provide information. A business entity may decline to provide information under paragraph ( 1 ) if, in the exercise of good faith, the business entity determines that -- ( A ) this subsection does not require disclosure of the information ; ( B ) after reviewing the information provided pursuant to paragraph ( 2 ), the business entity does not have a high degree of confidence in knowing the true identity of the individual requesting the information ; ( C ) the request for the information is based on a misrepresentation of fact by the individual requesting the information relevant to the request for information ; or ( D ) the information requested is Internet navigational data or similar information about a persons visit to a website or online service. ( 6 ) Limitation on liability. Except as provided in section 1681s of this title, sections 1681n and 1681o of this title do not apply to any violation of this subsection. ( 7 ) Limitation on civil liability. No business entity may be held civilly liable under any provision of Federal, State, or other law for disclosure, made in good faith pursuant to this subsection. ( 8 ) No new recordkeeping obligation. Nothing in this subsection creates an obligation on the part of a business entity to obtain, retain, or maintain information or records that are not otherwise required to be obtained, retained, or maintained in the ordinary course of its business or under other applicable law. ( 9 ) Rule of construction ( A ) In general. No provision of subtitle A of title V of Public Law 106-102, prohibiting the disclosure of financial information by a business entity to third parties shall be used to deny disclosure of information to the victim under this subsection. ( B ) Limitation. Except as provided in subparagraph ( A ), nothing in this subsection permits a business entity to disclose information, including information to law enforcement under subparagraphs ( B ) and ( C ) of paragraph ( 1 ), that the business entity is otherwise prohibited from disclosing under any other applicable provision of Federal or State law. ( 10 ) Affirmative defense. In any civil action brought to enforce this subsection, it is an affirmative defense ( which the defendant must establish by a preponderance of the evidence ) for a business entity to file an affidavit or answer stating that -- ( A ) the business entity has made a reasonably diligent search of its available business records; and ( B ) the records requested under this subsection do not exist or are not reasonably available. ( 11 ) Definition of victim. For purposes of this subsection, the term victim means a consumer whose means of identification or financial information has been used or transferred ( or has been alleged to have been used or transferred ) without the authority of that consumer, with the intent to commit, or to aid or abet, an identity theft or a similar crime. ( 12 ) Effective date. This subsection shall become effective 180 days after XX/XX/2003. ( XXXX ) Effectiveness study. Not later than 18 months after XX/XX/2003, the Comptroller General of the United States shall submit a report to Congress assessing the effectiveness of this provision. FCRA 605B ( 15 U.S.C. 1681c-2 ) ( a ) Block. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. ( b ) Notification. A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) of this section ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section; and ( 4 ) of the effective dates of the block. ( c ) Authority to decline or rescind. ( 1 ) In general. A consumer reporting agency may decline to block, or may rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that ( A ) the information was blocked in error or a block was requested by the consumer in error ; ( B ) the information was blocked, or a block was requested by the consumer, on the basis of a material misrepresentation of fact by the consumer relevant to the request to block ; or ( C ) the consumer obtained possession of goods, services, or money as a result of the blocked transaction or transactions. ( 2 ) Notification to consumer. If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 1681i ( a ) ( 5 ) ( B ) of this title. ( 3 ) Significance of block. For purposes of this subsection, if a consumer reporting agency rescinds a block, the presence of information in the file of a consumer prior to the blocking of such information is not evidence of whether the consumer knew or should have known that the consumer obtained possession of any goods, services, or money as a result of the block. ( d ) Exception for resellers. ( 1 ) No reseller file. This section shall not apply to a consumer reporting agency, if the consumer reporting agency ( A ) is a reseller ; ( B ) is not, at the time of the request of the consumer under subsection ( a ) of this section, otherwise furnishing or reselling a consumer report concerning the information identified by the consumer ; and ( C ) informs the consumer, by any means, that the consumer may report the identity theft to the Bureau to obtain consumer information regarding identity theft. ( 2 ) Reseller with file. The sole obligation of the consumer reporting agency under this section, with regard to any request of a consumer under this section, shall be to block the consumer report maintained by the consumer reporting agency from any subsequent use, if ( A ) the consumer, in accordance with the provisions of subsection ( a ) of this section, identifies, to a consumer reporting agency, information in the file of the consumer that resulted from identity theft ; and ( B ) the consumer reporting agency is a reseller of the identified information. ( 3 ) Notice. In carrying out its obligation under paragraph ( 2 ), the reseller shall promptly provide a notice to the consumer of the decision to block the file. Such notice shall contain the name, address, and telephone number of each consumer reporting agency from which the consumer information was obtained for resale. ( e ) Exception for verification companies. The provisions of this section do not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, except that, beginning 4 business days after receipt of information described in paragraphs ( 1 ) through ( 3 ) of subsection ( a ) of this section, a check services company shall not report to a national consumer reporting agency described in section 1681a ( p ) of this title, any information identified in the subject identity theft report as resulting from identity theft. ( f ) Access to blocked information by law enforcement agencies. No provision of this section shall be construed as requiring a consumer reporting agency to prevent a Federal, State, or local law enforcement agency from accessing blocked information in a consumer file to which the agency could otherwise obtain access under this subchapter. NOTICE TO FURNISHERS OF INFORMATION : OBLIGATIONS OF FURNISHERS UNDER THE FCRA The federal Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681-1681y, imposes responsibilities on all persons who furnish information to consumer reporting agencies ( CRAs ). These responsibilities are found in Section 623 of the FCRA, 15 U.S.C. 1681s-2. State law may impose additional requirements on furnishers. All furnishers of information to CRAs should become familiar with the applicable laws and may want to consult with their counsel to ensure that they are in compliance. The text of the FCRA is set forth in full at the Bureau of Consumer Financial Protection 's website at consumerfinance.gov/learnmore. A list of the sections of the FCRA cross-referenced to the U.S. Code is at the end of this document. Section 623 imposes the following duties : Accuracy Guidelines The banking and credit union regulators and the CFPB will promulgate guidelines and regulations dealing with the accuracy of information provided to CRAs by furnishers. The regulations and guidelines issued by the CFPB will be available at consumerfinance.gov/learnmore when they are issued. Section 623 ( e ). General Prohibition on Reporting Inaccurate Information The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable cause to believe is inaccurate. However, the furnisher is not subject to this general prohibition if it clearly and conspicuously specifies an address to which consumers may write to notify the furnisher that certain information is inaccurate. Sections 623 ( a ) ( 1 ) ( A ) and ( a ) ( 1 ) ( C ). Duty to Correct and Update Information If at any time a person who regularly and in the ordinary course of business furnishes information to one or more CRAs determines that the information provided is not complete or accurate, the furnisher must promptly provide complete and accurate information to the CRA. In addition, the furnisher must notify all CRAs that received the information of any corrections, and must thereafter report only the complete and accurate information. Section 623 ( a ) ( 2 ). Duties After Notice of Dispute from Consumer If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623 ( a ) ( 1 ) ( B ). If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher, the furnisher may not subsequently report that information to a CRA without providing notice of the dispute. Section 623 ( a ) ( 3 ). The federal banking and credit union regulators and the CFPB will issue regulations that will identify when an information furnisher must investigate a dispute made directly to the furnisher by a consumer. Once these regulations are issued, furnishers must comply with them and complete an investigation within 30 days ( or 45 days, if the consumer later provides relevant additional information ) unless the dispute is frivolous or irrelevant or comes from a credit repair organization. The CFPB regulations will be available at consumerfinance.gov. Section 623 ( a ) ( 8 ). Duties After Notice of Dispute from Consumer Reporting Agency If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of information provided by the furnisher, the furnisher has a duty to follow certain procedures. The furnisher must : Conduct an investigation and review all relevant information provided by the CRA, including information given to the CRA by the consumer. Sections 623 ( b ) ( 1 ) ( A ) and ( b ) ( 1 ) ( B ). Report the results to the CRA that referred the dispute, and, if the investigation establishes that the information was, in fact, incomplete or inaccurate, report the results to all CRAs to which the furnisher provided the information that compile and maintain files on a nationwide basis. Sections 623 ( b ) ( 1 ) ( C ) and ( b ) ( 1 ) ( D ). Complete the above steps within 30 days from the date the CRA receives the dispute ( or 45 days, if the consumer later provides relevant additional information to the CRA ). Section 623 ( b ) ( 2 ). Promptly modify or delete the information, or block its reporting. Section 623 ( b ) ( 1 ) ( E ). Duty to Report Voluntary Closing of Credit Accounts If a consumer voluntarily closes a credit account, any person who regularly and in the ordinary course of business furnishes information to one or more CRAs must report this fact when it provides information to CRAs for the time period in which the account was closed. Section 623 ( a ) ( 4 ). Duty to Report Dates of Delinquencies If a furnisher reports information concerning a delinquent account placed for collection, charged to profit or loss, or subject to any similar action, the furnisher must, within 90 days after reporting the information, provide the CRA with the month and the year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how long to keep the information in the consumer 's file. Section 623 ( a ) ( 5 ). Any person, such as a debt collector, that has acquired or is responsible for collecting delinquent accounts and that reports information to CRAs may comply with the requirements of Section 623 ( a ) ( 5 ) ( until there is a consumer dispute ) by reporting the same delinquency date previously reported by the creditor. If the creditor did not report this date, they may comply with the FCRA by establishing reasonable procedures to obtain and report delinquency dates, or, if a delinquency date can not be reasonably obtained, by following reasonable procedures to ensure that the date reported precedes the date when the account was placed for collection, charged to profit or loss, or subjected to any similar action. Section 623 ( a ) ( 5 ). Duties of Financial Institutions When Reporting Negative Information Financial institutions that furnish information to nationwide consumer reporting agencies, as defined in Section 603 ( p ), must notify consumers in writing if they may furnish or have furnished negative information to a CRA. Section 623 ( a ) ( 7 ). The Consumer Financial Protection Bureau has prescribed model disclosures, 12 CFR Part 1022, App. B. Duties When Furnishing Medical Information A furnisher whose primary business is providing medical services, products, or devices ( and such furnisher 's agents or assignees ) is a medical information furnisher for the purposes of the FCRA and must notify all CRAs to which it reports of this fact. Section 623 ( a ) ( 9 ). This notice will enable CRAs to comply with their duties under Section 604 ( g ) when reporting medical information. Duties when ID Theft Occurs All furnishers must have in place reasonable procedures to respond to notifications from CRAs that information furnished is the result of identity theft, and to prevent refurnishing the information in the future. A furnisher may not furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. Section 623 ( a ) ( 6 ). If a furnisher learns that it has furnished inaccurate information due to identity theft, it must notify each consumer reporting agency of the correct information and must thereafter report only complete and accurate information. Section 623 ( a ) ( 2 ). When any furnisher of information is notified pursuant to the procedures set forth in Section 605B that a debt has resulted from identity theft, the furnisher may not sell, transfer, or place for collection the debt except in certain limited circumstances. Section 615 ( f ). The Consumer Financial Protection Bureau website, consumerfinance.gov/learnmore, has more information about the FCRA. Citations for FCRA sections in the U.S. Code, 15 U.S.C. 1681 et seq. : Section 603 Section 604 Section 605 Section 605A Section 605B Section 606 Section 607 Section 608 Section 609 Section 610 Section 611 Section 612 Section 613 Section 614 15 U.S.C. 1681 15 U.S.C. 1681a 15 U.S.C. 1681b 15 U.S.C. 1681c 15 U.S.C. 1681c-1 15 U.S.C. 1681c-2 15 U.S.C. 1681d 15 U.S.C. 1681e 15 U.S.C. 1681f 15 U.S.C. 1681g 15 U.S.C. 1681h 15 U.S.C. 1681i 15 U.S.C. 1681j 15 U.S.C. 1681k 15 U.S.C. 1681l Section 615 Section 616 Section 617 Section 618 Section 619 Section 620 Section 621 Section 622 Section 623 Section 624 Section 625 Section 626 Section 627 Section 628 Section 629 15 U.S.C. 1681m 15 U.S.C. 1681n 15 U.S.C. 1681o 15 U.S.C. 1681p 15 U.S.C. 1681q 15 U.S.C. 1681r 15 U.S.C. 1681s 15 U.S.C. 1681s-1 15 U.S.C. 1681s-2 15 U.S.C. 1681t 15 U.S.C. 1681u 15 U.S.C. 1681v 15 U.S.C. 1681w 15 U.S.C. 1681x 15 U.S.C. 1681y","date_sent_to_company":"2023-10-22T21:37:46.000Z","issue":"Repossession","sub_product":"Loan","zip_code":"19013","tags":null,"has_narrative":true,"complaint_id":"7739643","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-10-22T21:32:45.000Z","state":"PA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Company explaining amount owed"},"highlight":{"complaint_what_happened":["of the <em>identified</em> information. ( 3 ) Notice."]},"sort":[9.288284,"7739643"]},{"_index":"complaint-public-v1","_id":"7739938","_score":9.276098,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"My information was used without me knowing case of identity theft. \nCAPITAL ONE AUTO FINAN # XXXX FCRA 609 ( e ) ( 15 U.S.C. 1681g ( e ) ) DiSCloSUReS to ConSUmeRS inFoRmAtion AvAilAble to viCtimS ( e ) Information available to victims ( 1 ) In general. For the purpose of documenting fraudulent transactions resulting from identity theft, not later than 30 days after the date of receipt of a request from a victim in accordance with paragraph ( 3 ), and subject to verification of the identity of the victim and the claim of identity theft in accordance with paragraph ( 2 ), a business entity that has provided credit to, provided for consideration products, goods, or services to, accepted payment from, or otherwise entered into a commercial transaction for consideration with, a person who has allegedly made unauthorized use of the means of identification of the victim, shall provide a copy of application and business transaction records in the control of the business entity, whether maintained by the business entity or by another person on behalf of the business entity, evidencing any transaction alleged to be a result of identity theft to -- ( A ) the victim ; ( B ) any Federal, State, or local government law enforcement agency or officer specified by the victim in such a request ; or ( C ) any law enforcement agency investigating the identity theft and authorized by the victim to take receipt of records provided under this subsection. \n( 2 ) Verification of identity and claim. Before a business entity provides any information under paragraph ( 1 ), unless the business entity, at its discretion, otherwise has a high degree of confidence that it knows the identity of the victim making a request under paragraph ( 1 ), the victim shall provide to the business entity -- ( A ) as proof of positive identification of the victim, at the election of the business entity -- ( i ) the presentation of a government-issued identification card ; ( ii ) personally identifying information of the same type as was provided to the business entity by the unauthorized person ; or ( iii ) personally identifying information that the business entity typically requests from new applicants or for new transactions, at the time of the victims request for information, including any documentation described in clauses ( XXXX ) and ( ii ) ; and ( B ) as proof of a claim of identity theft, at the election of the business entity -- ( i ) a copy of a police report evidencing the claim of the victim of identity theft ; and ( ii ) a properly completed -- ( I ) copy of a standardized affidavit of identity theft developed and made available by the Commission ; or ( II ) an [ FN1 ] affidavit of fact that is acceptable to the business entity for that purpose. \n( 3 ) Procedures. The request of a victim under paragraph ( 1 ) shall -- ( A ) be in writing ; ( B ) be mailed to an address specified by the business entity, if any ; and ( C ) if asked by the business entity, include relevant information about any transaction alleged to be a result of identity theft to facilitate compliance with this section including -- ( i ) if known by the victim ( or if readily obtainable by the victim ), the date of the application or transaction ; and ( ii ) if known by the victim ( or if readily obtainable by the victim ), any other identifying information such as an account or transaction number. \n\n( 4 ) No charge to victim. Information required to be provided under paragraph ( 1 ) shall be so provided without charge. \n( 5 ) Authority to decline to provide information. A business entity may decline to provide information under paragraph ( 1 ) if, in the exercise of good faith, the business entity determines that -- ( A ) this subsection does not require disclosure of the information ; ( B ) after reviewing the information provided pursuant to paragraph ( 2 ), the business entity does not have a high degree of confidence in knowing the true identity of the individual requesting the information ; ( C ) the request for the information is based on a misrepresentation of fact by the individual requesting the information relevant to the request for information ; or ( D ) the information requested is Internet navigational data or similar information about a persons visit to a website or online service. \n( 6 ) Limitation on liability. Except as provided in section 1681s of this title, sections 1681n and 1681o of this title do not apply to any violation of this subsection. \n( 7 ) Limitation on civil liability. No business entity may be held civilly liable under any provision of Federal, State, or other law for disclosure, made in good faith pursuant to this subsection. \n( 8 ) No new recordkeeping obligation. Nothing in this subsection creates an obligation on the part of a business entity to obtain, retain, or maintain information or records that are not otherwise required to be obtained, retained, or maintained in the ordinary course of its business or under other applicable law. \n( 9 ) Rule of construction ( A ) In general. No provision of subtitle A of title V of Public Law 106-102, prohibiting the disclosure of financial information by a business entity to third parties shall be used to deny disclosure of information to the victim under this subsection. \n( B ) Limitation. Except as provided in subparagraph ( A ), nothing in this subsection permits a business entity to disclose information, including information to law enforcement under subparagraphs ( B ) and ( C ) of paragraph ( 1 ), that the business entity is otherwise prohibited from disclosing under any other applicable provision of Federal or State law. \n( 10 ) Affirmative defense. In any civil action brought to enforce this subsection, it is an affirmative defense ( which the defendant must establish by a preponderance of the evidence ) for a business entity to file an affidavit or answer stating that -- ( A ) the business entity has made a reasonably diligent search of its available business records; and ( B ) the records requested under this subsection do not exist or are not reasonably available. \n( 11 ) Definition of victim. For purposes of this subsection, the term victim means a consumer whose means of identification or financial information has been used or transferred ( or has been alleged to have been used or transferred ) without the authority of that consumer, with the intent to commit, or to aid or abet, an identity theft or a similar crime. \n( 12 ) Effective date. This subsection shall become effective 180 days after XXXX XXXX XXXX \n( 13 ) Effectiveness study. Not later than 18 months after XXXX XXXX XXXX, the Comptroller General of the United States shall submit a report to Congress assessing the effectiveness of this provision. \n\n\nFC\n\nRA 605B ( 15 U.S.C. 1681c-2 ) ( a ) Block. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. ( b ) Notification. A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) of this section ( 1 ) that the information may be a result of identity theft ; ( 2 ) that a\nn identity theft report has been filed ; ( 3 ) that a block has been requested under this section; and ( 4 ) of the effective dates of the block. \n( c ) Authority to decline or rescind.\n\n( 1 ) In general. A consumer reporting agency may decline to block, or may rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that ( A ) the information was blocked in error or a block was requested by the consumer in error ; ( B ) the information was blocked, or a block was requested by the consumer, on the basis of a material misrepresentation of fact by the consumer relevant to the request to block ; or ( C ) the consumer obtained possession of goods, services, or money as a result of the blocked transaction or transactions. \n( 2 ) Notification to consumer. If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 1681i ( a ) ( 5 ) ( B ) of this title. \n( 3 ) Significance of block. For purposes of this subsection, if a consumer reporting agency rescinds a block, the presence of information in the file of a consumer prior to the blocking of such information is not evidence of whether the consumer knew or should have known that the consumer obtained possession of any goods, services, or money as a result of the block. \n( d ) Exception for resellers. \n( 1 ) No reseller file. This section shall not apply to a consumer reporting agency, if the consumer reporting agency ( A ) is a reseller ; ( B ) is not, at the time of the request of the consumer under subsection ( a ) of this section, otherwise furnishing or reselling a consumer report concerning the information identified by the consumer ; and ( C ) informs the consumer, by any means, that the consumer may report the identity theft to the Bureau to obtain consumer information regarding identity theft. \n( 2 ) Reseller with file. The sole obligation of the consumer reporting agency under this section, with regard to any request of a consumer under this section, shall be to block the consumer report maintained by the consumer reporting agency from any subsequent use, if ( A ) the consumer, in accordance with the provisions of subsection ( a ) of this section, identifies, to a consumer reporting agency, information in the file of the consumer that resulted from identity theft ; and ( B ) the consumer reporting agency is a reseller of the identified information. \n( 3 ) Notice. In carrying out its obligation under paragraph ( 2 ), the reseller shall promptly provide a notice to the consumer of the decision to block the file. Such notice shall contain the name, address, and telephone number of each consumer reporting agency from which the consumer information was obtained for resale. \n( e ) Exception for verification companies. The provisions of this section do not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, except that, beginning 4 business days after receipt of information described in paragraphs ( 1 ) through ( 3 ) of subsection ( a ) of this section, a check services company shall not report to a national consumer reporting agency described in section 1681a ( p ) of this title, any information identified in the subject identity theft report as resulting from identity theft. \n( f ) Access to blocked information by law enforcement agencies. No provision of this section shall be construed as requiring a consumer reporting agency to prevent a Federal, State, or local law enforcement agency from accessing blocked information in a consumer file to which the agency could otherwise obtain access under this subchapter. \n\nNOTICE TO FURNISHERS OF INFORMATION : OBLIGATIONS OF FURNISHERS UNDER THE FCRA The federal Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681-1681y, imposes responsibilities on all persons who furnish information to consumer reporting agencies ( CRAs ). These responsibilities are found in Section 623 of the FCRA, 15 U.S.C. 1681s-2. State law may impose additional requirements on furnishers. All furnishers of information to CRAs should become familiar with the applicable laws and may want to consult with their counsel to ensure that they are in compliance. The text of the FCRA is set forth in full at the Bureau of Consumer Financial Protection 's website at consumerfinance.gov/learnmore. A list of the sections of the FCRA cross-referenced to the U.S. Code is at the end of this document. \nSection 623 imposes the following duties : Accuracy Guidelines The banking and credit union regulators and the CFPB will promulgate guidelines and regulations dealing with the accuracy of information provided to CRAs by furnishers. The regulations and guidelines issued by the CFPB will be available at consumerfinance.gov/learnmore when they are issued. Section 623 ( e ).\n\nGeneral Prohibition on Reporting Inaccurate Information The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable cause to believe is inaccurate. However, the furnisher is not subject to this general prohibition if it clearly and conspicuously specifies an address to which consumers may write to notify the furnisher that certain information is inaccurate. Sections 623 ( a ) ( 1 ) ( A ) and ( a ) ( 1 ) ( C ).\n\nDuty to Correct and Update Information If at any time a person who regularly and in the ordinary course of business furnishes information to one or more CRAs determines that the information provided is not complete or accurate, the furnisher must promptly provide complete and accurate information to the CRA. In addition, the furnisher must notify all CRAs that received the information of any corrections, and must thereafter report only the complete and accurate information. Section 623 ( a ) ( 2 ).\n\nDuties After Notice of Dispute from Consumer If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623 ( a ) ( 1 ) ( B ).\n\nIf a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher, the furnisher may not subsequently report that information to a CRA without providing notice of the dispute. Section 623 ( a ) ( 3 ).\n\nThe federal banking and credit union regulators and the CFPB will issue regulations that will identify when an information furnisher must investigate a dispute made directly to the furnisher by a consumer. Once these regulations are issued, furnishers must comply with them and complete an investigation within 30 days ( or 45 days, if the consumer later provides relevant additional information ) unless the dispute is frivolous or irrelevant or comes from a credit repair organization. The CFPB regulations will be available at consumerfinance.gov. Section 623 ( a ) ( 8 ).\n\nDuties After Notice of Dispute from Consumer Reporting Agency If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of information provided by the furnisher, the furnisher has a duty to follow certain procedures. The furnisher must : Conduct an investigation and review all relevant information provided by the CRA, including information given to the CRA by the consumer. Sections 623 ( b ) ( 1 ) ( A ) and ( b ) ( 1 ) ( B ).\n\nReport the results to the CRA that referred the dispute, and, if the investigation establishes that the information was, in fact, incomplete or inaccurate, report the results to all CRAs to which the furnisher provided the information that compile and maintain files on a nationwide basis. Sections 623 ( b ) ( 1 ) ( C ) and ( b ) ( 1 ) ( D ). \nComplete the above steps within 30 days from the date the CRA receives the dispute ( or 45 days, if the consumer later provides relevant additional information to the CRA ). Section\n\n623 ( b ) ( 2 ). Promptly modify or delete the information, or block its reporting. Section 623 ( b\n) ( 1 ) ( E ). \n\nDuty to Report Voluntary Closing of Credit Accounts If a consumer voluntarily closes a credit account, any person who regularly and in the ordinary course of business furnishes information to one or more CRAs must report this fact when it provides information to CRAs for the time period in which the account was closed. Section 623 ( a ) ( 4 ). \nDuty to Report Dates of Delinquencies If a furnisher reports information concerning a delinquent account placed for collection, charged to profit or loss, or subject to any similar action, the furnisher must, within 90 days after reporting the information, provide the CRA with the month and the year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how long to keep the information in the consumer 's file. Section 623 ( a ) ( 5 ). \nAny person, such as a debt collector, that has acquired or is responsible for collecting delinquent accounts and that reports information to CRAs may comply with the requirements of Section 623 ( a ) ( 5 ) ( until there is a consumer dispute ) by reporting the same delinquency date previously reported by the creditor. If the creditor did not report this date, they may comply with the FCRA by establishing reasonable procedures to obtain and report delinquency dates, or, if a delinquency date can not be reasonably obtained, by following reasonable procedures to ensure that the date reported precedes the date when the account was placed for collection, charged to profit or loss, or subjected to any similar action. Section 623 ( a ) ( 5 ). \nDuties of Financial Institutions When Reporting Negative Information Financial institutions that furnish information to nationwide consumer reporting agencies, as defined in Section 603 ( p ), must notify consumers in writing if they may furnish or have furnished negative information to a CRA. Section 623 ( a ) ( 7 ). The Consumer Financial Protection Bureau has prescribed model disclosures, 12 CFR Part 1022, App. B. \nDuties When Furnishing Medical Information A furnisher whose primary business is providing medical services, products, or devices ( and such furnisher 's agents or assignees ) is a medical information furnisher for the purposes of the FCRA and must notify all CRAs to which it reports of this fact. Section 623 ( a ) ( 9 ). This notice will enable CRAs to comply with their duties under Section 604 ( g ) when reporting medical information. \nDuties when ID Theft Occurs All furnishers must have in place reasonable procedures to respond to notifications from CRAs that information furnished is the result of identity theft, and to prevent refurnishing the information in the future. A furnisher may not furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. Section 623 ( a ) ( 6 ). If a furnisher learns that it has furnished inaccurate information due to identity theft, it must notify each consumer reporting agency of the correct information and must thereafter report only complete and accurate information. Section 623 ( a ) ( 2 ). When any furnisher of information is notified pursuant to the procedures set forth in Section 605B that a debt has resulted from identity theft, the furnisher may not sell, transfer, or place for collection the debt except in certain limited circumstances. Section 615 ( f ). \nThe Consumer Financial Protection Bureau website, consumerfinance.gov/learnmore, has more information about the FCRA. Citations for FCRA sections in the U.S. Code, 15 U.S.C. 1681 et seq. : Section 603 Section 604 Section 605 Section 605A Section 605B Section 606 Section 607 Section 608 Section 609 Section 610 Section 611 Section 612 Section 613 Section 614 15 U.S.C. 1681 15 U.S.C. 1681a 15 U.S.C. 1681b 15 U.S.C. 1681c 15 U.S.C. 1681c-1 15 U.S.C. 1681c-2 15 U.S.C. 1681d 15 U.S.C. 1681e 15 U.S.C. 1681f 15 U.S.C. 1681g 15 U.S.C. 1681h 15 U.S.C. 1681i 15 U.S.C. 1681j 15 U.S.C. 1681k 15 U.S.C. 1681l Section 615 Section 616 Section 617 Section 618 Section 619 Section 620 Section 621 Section 622 Section 623 Section 624 Section 625 Section 626 Section 627 Section 628 Section 629 15 U.S.C. 1681m 15 U.S.C. 1681n 15 U.S.C. 1681o 15 U.S.C. 1681p 15 U.S.C. 1681q 15 U.S.C. 1681r 15 U.S.C. 1681s 15 U.S.C. 1681s-1 15 U.S.C. 1681s-2 15 U.S.C. 1681t 15 U.S.C. 1681u 15 U.S.C. 1681v 15 U.S.C. 1681w 15 U.S.C. 1681x 15 U.S.C. 1681y","date_sent_to_company":"2023-10-22T21:31:18.000Z","issue":"Repossession","sub_product":"Loan","zip_code":"19013","tags":null,"has_narrative":true,"complaint_id":"7739938","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2023-10-22T21:20:31.000Z","state":"PA","company_public_response":null,"sub_issue":"Company explaining amount owed"},"highlight":{"complaint_what_happened":["of the <em>identified</em> information"]},"sort":[9.276098,"7739938"]},{"_index":"complaint-public-v1","_id":"11778355","_score":7.4015756,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I noticed within all three reports that they were furnishing the CRA incorrect misleading unverifiable debts. It has been brought to my attention Equifax particularly has been conducting sham investigations and illegally conducting business.\n\nI have been negatively impacted by these poor /illegal business practices which are conducted by Exquifax .\n\nWhich has drastically affected my life in a negative way. These poor business practices have hurt my chances of having accurate credit scores after receiving responses to my earlier disputes that the accounts were verified. \n\nMy family and I have been denied credit on numerous times as well as housing due to these poor investigations that allegedly resolved as verified. \n\nQuickly resolve this issue by delete these files immediately. \n\nThere is an erroneous amount of errors being reported differently on all XXXX credit reports obtained by XXXX, Equifax and XXXX. Particularly on my Equifax report I have noticed numerous inaccuracies being reported after they have allegedly performed an investigation to verify the information thats being furnished. \n\nSome of the errors include but are not limited to are : Different open dates for allege claims amongst all three bureaus, misleading or inaccurate info being reported, incorrect amounts, incorrect dates, incorrect description of the type of credit, incorrect payment history, incorrect delinquency statuses, incorrect addresses attached, incorrect creditor info, duplicate reporting of same accounts and many others .The accounts being reported inaccurately are included but not limited to : XXXX. ) Acct name XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Date opened : N/A It is the legal Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if -- ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. ( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address. ( D ) Definition For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information. ( E ) Rehabilitation of private education loans ( i ) In general Notwithstanding any other provision of this section, a consumer may request a financial institution to remove from a consumer report a reported default regarding a private education loan, and such information shall not be considered inaccurate, if -- ( I ) the financial institution chooses to offer a loan rehabilitation program which includes, without limitation, a requirement of the consumer to make consecutive on-time monthly payments in a number that demonstrates, in the assessment of the financial institution offering the loan rehabilitation program, a renewed ability and willingness to repay the loan ; and ( II ) the requirements of the loan rehabilitation program described in subclause ( I ) are successfully met. ( ii ) Banking agencies ( I ) In general If a financial institution is supervised by a Federal banking agency, the financial institution shall seek written approval concerning the terms and conditions of the loan rehabilitation program described in clause ( i ) from the appropriate Federal banking agency. ( II ) Feedback An appropriate Federal banking agency shall provide feedback to a financial institution within 120 days of a request for approval under subclause ( I ). ( iii ) Limitation ( I ) In general A consumer may obtain the benefits available under this subsection with respect to rehabilitating a loan only 1 time per loan. ( II ) Rule of construction Nothing in this subparagraph may be construed to require a financial institution to offer a loan rehabilitation program or to remove any reported default from a consumer report as a consideration of a loan rehabilitation program, except as described in clause ( i ). ( iv ) Definitions For purposes of this subparagraph -- ( I ) the term appropriate Federal banking agency has the meaning given the term in section 1813 of Title 12; and ( II ) the term private education loan has the meaning given the term in section 1650 ( a ) of this title. ( F ) Reporting information during COVID-19 pandemic ( i ) Definitions In this subsection : ( I ) Accommodation The term accommodation includes an agreement to defer 1 or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief granted to a consumer who is affected by the coronavirus disease 2019 ( COVID-19 ) pandemic during the covered period. ( II ) Covered period The term covered period means the period beginning on XX/XX/XXXX and ending on the later of -- ( aa ) 120 days after XX/XX/XXXX ; or ( XXXX ) 120 days after the date on which the national emergency concerning the novel coronavirus disease ( COVID-19 ) outbreak declared by the President on XX/XX/XXXX under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) terminates. ( ii ) Reporting Except as provided in clause ( iii ), if a furnisher makes an accommodation with respect to 1 or more payments on a credit obligation or account of a consumer, and the consumer makes the payments or is not required to make 1 or more payments pursuant to the accommodation, the furnisher shall -- ( I ) report the credit obligation or account as current; or ( II ) if the credit obligation or account was delinquent before the accommodation -- ( aa ) maintain the delinquent status during the period in which the accommodation is in effect; and ( bb ) if the consumer brings the credit obligation or account current during the period described in item ( aa ), report the credit obligation or account as current. ( iii ) Exception Clause ( ii ) shall not apply with respect to a credit obligation or account of a consumer that has been charged-off. ( 2 ) Duty to correct and update information A person who -- ( A ) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person 's transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate. ( 3 ) Duty to provide notice of dispute If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. ( 4 ) Duty to provide notice of closed accounts A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed. ( 5 ) Duty to provide notice of delinquency of accounts ( A ) In general A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action. ( B ) Rule of construction For purposes of this paragraph only, and provided that the consumer does not dispute the information, a person that furnishes information on a delinquent account that is placed for collection, charged for profit or loss, or subjected to any similar action, complies with this paragraph, if -- ( i ) the person reports the same date of delinquency as that provided by the creditor to which the account was owed at the time at which the commencement of the delinquency occurred, if the creditor previously reported that date of delinquency to a consumer reporting agency ; ( ii ) the creditor did not previously report the date of delinquency to a consumer reporting agency, and the person establishes and follows reasonable procedures to obtain the date of delinquency from the creditor or another reliable source and reports that date to a consumer reporting agency as the date of delinquency ; or ( iii ) the creditor did not previously report the date of delinquency to a consumer reporting agency and the date of delinquency can not be reasonably obtained as provided in clause ( ii ), the person establishes and follows reasonable procedures to ensure the date reported as the date of delinquency precedes the date on which the account is placed for collection, charged to profit or loss, or subjected to any similar action, and reports such date to the credit reporting agency. ( 6 ) Duties of furnishers upon notice of identity theft-related information ( A ) Reasonable procedures A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 1681c-2 of this title relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information. ( B ) Information alleged to result from identity theft If a consumer submits an identity theft report to a person who furnishes information to a consumer reporting agency at the address specified by that person for receiving such reports stating that information maintained by such person that purports to relate to the consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to any consumer reporting agency, unless the person subsequently knows or is informed by the consumer that the information is correct. ( 7 ) Negative information ( A ) Notice to consumer required ( i ) In general If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 1681a ( p ) of this title furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer. ( ii ) Notice effective for subsequent submissions After providing such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 1681a ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer. ( B ) Time of notice ( i ) In general The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 1681a ( p ) of this title. ( ii ) Coordination with new account disclosures If the notice is provided to the customer prior to furnishing the negative information to a consumer reporting agency, the notice may not be included in the initial disclosures provided under section 1637 ( a ) of this title. ( C ) Coordination with other disclosures The notice required under subparagraph ( A ) -- ( i ) may be included on or with any notice of default, any billing statement, or any other materials provided to the customer; and ( ii ) must be clear and conspicuous. ( D ) Model disclosure ( i ) Duty of Bureau The Bureau shall prescribe a brief model disclosure that a financial institution may use to comply with subparagraph ( A ), which shall not exceed 30 words. ( ii ) Use of model not required No provision of this paragraph may be construed to require a financial institution to use any such model form prescribed by the Bureau. ( iii ) Compliance using model A financial institution shall be deemed to be in compliance with subparagraph ( A ) if the financial institution uses any model form prescribed by the Bureau under this subparagraph, or the financial institution uses any such model form and rearranges its format. ( E ) Use of notice without submitting negative information No provision of this paragraph shall be construed as requiring a financial institution that has provided a customer with a notice described in subparagraph ( A ) to furnish negative information about the customer to a consumer reporting agency. ( F ) Safe harbor A financial institution shall not be liable for failure to perform the duties required by this paragraph if, at the time of the failure, the financial institution maintained reasonable policies and procedures to comply with this paragraph or the financial institution reasonably believed that the institution is prohibited, by law, from contacting the consumer. ( G ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Negative information The term negative information means information concerning a customer 's delinquencies, late payments, insolvency, or any form of default. ( ii ) Customer ; financial institution The terms customer and financial institution have the same meanings as in section 6809 of this title. ( 8 ) Ability of consumer to dispute information directly with furnisher ( A ) In general The Bureau, in consultation with the Federal Trade Commission, the Federal banking agencies, and the XXXX XXXX XXXX XXXX, shall prescribe regulations that shall identify the circumstances under which a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer. ( B ) Considerations In prescribing regulations under subparagraph ( A ), the agencies shall weigh -- ( i ) the benefits to consumers with the costs on furnishers and the credit reporting system ; ( ii ) the impact on the overall accuracy and integrity of consumer reports of any such requirements ; ( iii ) whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute ; and ( iv ) the potential impact on the credit reporting process if credit repair organizations, as defined in section 1679a ( 3 ) of this title, including entities that would be a credit repair organization, but for section 1679a ( 3 ) ( B ) ( i ) of this title, are able to circumvent the prohibition in subparagraph ( G ). ( C ) Applicability Subparagraphs ( D ) through ( G ) shall apply in any circumstance identified under the regulations promulgated under subparagraph ( A ). ( D ) Submitting a notice of dispute A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that -- ( i ) identifies the specific information that is being disputed ; ( ii ) explains the basis for the dispute; and ( iii ) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute. ( E ) Duty of person after receiving notice of dispute After receiving a notice of dispute from a consumer pursuant to subparagraph ( D ), the person that provided the information in dispute to a consumer reporting agency shall -- ( i ) conduct an investigation with respect to the disputed information ; ( ii ) review all relevant information provided by the consumer with the notice ; ( iii ) complete such person 's investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and ( iv ) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate. ( F ) Frivolous or irrelevant dispute ( i ) In general This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including -- ( I ) by reason of the failure of a consumer to provide sufficient information to investigate the disputed information ; or ( II ) the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection ( b ), with respect to which the person has already performed the person 's duties under this paragraph or subsection ( b ), as applicable. ( ii ) Notice of determination Upon making any determination under clause ( i ) that a dispute is frivolous or irrelevant, the person shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the person. ( iii ) Contents of notice A notice under clause ( ii ) shall include -- ( I ) the reasons for the determination under clause ( i ) ; and ( II ) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information. Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.","date_sent_to_company":"2025-01-26T18:58:30.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"231XX","tags":null,"has_narrative":true,"complaint_id":"11778355","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2025-01-26T18:38:18.000Z","state":"VA","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["for subsequent submissions After <em>providing</em> such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 1681a ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without <em>providing</em> additional notice to the customer. ( B ) Time of notice ( i ) In general The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing"],"sub_issue":["Their investigation did not fix an <em>error</em> on your report"]},"sort":[7.4015756,"11778355"]},{"_index":"complaint-public-v1","_id":"8928561","_score":7.2443957,"_source":{"product":"Debt collection","complaint_what_happened":"I have noticed on all three credit bureaus, XXXX, XXXX and XXXX inaccurate, incomplete, unverifiable and misleading accounts on my credit report. The accounts owner is listed as LvNV / resurgent llc / acquisition resurgent. \n\n\nI called LVNV / resurgent capital services on XX/XX/XXXX regarding XXXX unfamiliar accounts being reported on my credit report pulled from XXXX XXXX and XXXX. I asked for ownership Info and proof that they are able to collect by mail. I Also requested original doc to certify that I am liable for the debts. None was received. \n\nI noticed within all three reports that they were furnishing the CRA incorrect misleading unverifiable debts. \n\n\nDifferent open dates for allege claims amongst all three bureaus and or missing misleading or inaccurate info being reported based on Resurgent and I telephone convo on XXXX XXXX rep, Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. \n\n( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if -- ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. \n\n( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address. \n\n( D ) Definition For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information. \n\n( E ) Rehabilitation of private education loans ( i ) In general Notwithstanding any other provision of this section, a consumer may request a financial institution to remove from a consumer report a reported default regarding a private education loan, and such information shall not be considered inaccurate, if -- ( I ) the financial institution chooses to offer a loan rehabilitation program which includes, without limitation, a requirement of the consumer to make consecutive on-time monthly payments in a number that demonstrates, in the assessment of the financial institution offering the loan rehabilitation program, a renewed ability and willingness to repay the loan ; and ( II ) the requirements of the loan rehabilitation program described in subclause ( I ) are successfully met.\n\n( ii ) Banking agencies ( I ) In general If a financial institution is supervised by a Federal banking agency, the financial institution shall seek written approval concerning the terms and conditions of the loan rehabilitation program described in clause ( i ) from the appropriate Federal banking agency.\n\n( II ) Feedback An appropriate Federal banking agency shall provide feedback to a financial institution within 120 days of a request for approval under subclause ( I ).\n\n( iii ) Limitation ( I ) In general A consumer may obtain the benefits available under this subsection with respect to rehabilitating a loan only 1 time per loan.\n\n( II ) Rule of construction Nothing in this subparagraph may be construed to require a financial institution to offer a loan rehabilitation program or to remove any reported default from a consumer report as a consideration of a loan rehabilitation program, except as described in clause ( i ). \n\n( iv ) Definitions For purposes of this subparagraph -- ( I ) the term appropriate Federal banking agency has the meaning given the term in section 1813 of Title 12; and ( II ) the term private education loan has the meaning given the term in section 1650 ( a ) of this title.\n\n( F ) Reporting information during COVID-19 pandemic ( i ) Definitions In this subsection : ( I ) Accommodation The term accommodation includes an agreement to defer 1 or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief granted to a consumer who is affected by the coronavirus disease 2019 ( COVID-19 ) pandemic during the covered period. \n\n( II ) Covered period The term covered period means the period beginning on XX/XX/XXXX and ending on the later of -- ( aa ) 120 days after XX/XX/XXXX ; or ( XXXX ) 120 days after the date on which the national emergency concerning the novel coronavirus disease ( COVID-19 ) outbreak declared by the President on XX/XX/XXXX under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) terminates. \n\n( ii ) Reporting Except as provided in clause ( iii ), if a furnisher makes an accommodation with respect to 1 or more payments on a credit obligation or account of a consumer, and the consumer makes the payments or is not required to make 1 or more payments pursuant to the accommodation, the furnisher shall -- ( I ) report the credit obligation or account as current; or ( II ) if the credit obligation or account was delinquent before the accommodation -- ( aa ) maintain the delinquent status during the period in which the accommodation is in effect; and ( bb ) if the consumer brings the credit obligation or account current during the period described in item ( aa ), report the credit obligation or account as current. \n\n( iii ) Exception Clause ( ii ) shall not apply with respect to a credit obligation or account of a consumer that has been charged-off.\n\n( 2 ) Duty to correct and update information A person who -- ( A ) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person 's transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate. \n\n( XXXX ) Duty to provide notice of dispute If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. \n\n( 4 ) Duty to provide notice of closed accounts A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed. \n\n( 5 ) Duty to provide notice of delinquency of accounts ( A ) In general A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action. \n\n( B ) Rule of construction For purposes of this paragraph only, and provided that the consumer does not dispute the information, a person that furnishes information on a delinquent account that is placed for collection, charged for profit or loss, or subjected to any similar action, complies with this paragraph, if -- ( i ) the person reports the same date of delinquency as that provided by the creditor to which the account was owed at the time at which the commencement of the delinquency occurred, if the creditor previously reported that date of delinquency to a consumer reporting agency ; ( ii ) the creditor did not previously report the date of delinquency to a consumer reporting agency, and the person establishes and follows reasonable procedures to obtain the date of delinquency from the creditor or another reliable source and reports that date to a consumer reporting agency as the date of delinquency ; or ( iii ) the creditor did not previously report the date of delinquency to a consumer reporting agency and the date of delinquency can not be reasonably obtained as provided in clause ( ii ), the person establishes and follows reasonable procedures to ensure the date reported as the date of delinquency precedes the date on which the account is placed for collection, charged to profit or loss, or subjected to any similar action, and reports such date to the credit reporting agency. \n\n( 6 ) Duties of furnishers upon notice of identity theft-related information ( A ) Reasonable procedures A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 1681c-2 of this title relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information. \n\n( B ) Information alleged to result from identity theft If a consumer submits an identity theft report to a person who furnishes information to a consumer reporting agency at the address specified by that person for receiving such reports stating that information maintained by such person that purports to relate to the consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to any consumer reporting agency, unless the person subsequently knows or is informed by the consumer that the information is correct.\n\n( 7 ) Negative information ( A ) Notice to consumer required ( i ) In general If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 1681a ( p ) of this title furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer. \n\n( ii ) Notice effective for subsequent submissions After providing such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 1681a ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer.\n\n( B ) Time of notice ( i ) In general The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 1681a ( p ) of this title.\n\n( ii ) Coordination with new account disclosures If the notice is provided to the customer prior to furnishing the negative information to a consumer reporting agency, the notice may not be included in the initial disclosures provided under section 1637 ( a ) of this title. \n\n( C ) Coordination with other disclosures The notice required under subparagraph ( A ) -- ( i ) may be included on or with any notice of default, any billing statement, or any other materials provided to the customer; and ( ii ) must be clear and conspicuous.\n\n( D ) Model disclosure ( i ) Duty of Bureau The Bureau shall prescribe a brief model disclosure that a financial institution may use to comply with subparagraph ( A ), which shall not exceed 30 words. \n\n( ii ) Use of model not required No provision of this paragraph may be construed to require a financial institution to use any such model form prescribed by the Bureau.\n\n( iii ) Compliance using model A financial institution shall be deemed to be in compliance with subparagraph ( A ) if the financial institution uses any model form prescribed by the Bureau under this subparagraph, or the financial institution uses any such model form and rearranges its format. \n\n( E ) Use of notice without submitting negative information No provision of this paragraph shall be construed as requiring a financial institution that has provided a customer with a notice described in subparagraph ( A ) to furnish negative information about the customer to a consumer reporting agency. \n\n( F ) Safe harbor A financial institution shall not be liable for failure to perform the duties required by this paragraph if, at the time of the failure, the financial institution maintained reasonable policies and procedures to comply with this paragraph or the financial institution reasonably believed that the institution is prohibited, by law, from contacting the consumer. \n\n( G ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Negative information The term negative information means information concerning a customer 's delinquencies, late payments, insolvency, or any form of default. \n\n( ii ) Customer ; financial institution The terms customer and financial institution have the same meanings as in section 6809 of this title.\n\n( 8 ) Ability of consumer to dispute information directly with furnisher ( A ) In general The Bureau, in consultation with the Federal Trade Commission, the Federal banking agencies, and the XXXX XXXX XXXX XXXX, shall prescribe regulations that shall identify the circumstances under which a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer. \n\n( B ) Considerations In prescribing regulations under subparagraph ( A ), the agencies shall weigh -- ( i ) the benefits to consumers with the costs on furnishers and the credit reporting system ; ( ii ) the impact on the overall accuracy and integrity of consumer reports of any such requirements ; ( iii ) whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute ; and ( iv ) the potential impact on the credit reporting process if credit repair organizations, as defined in section 1679a ( 3 ) of this title, including entities that would be a credit repair organization, but for section 1679a ( 3 ) ( B ) ( i ) of this title, are able to circumvent the prohibition in subparagraph ( G ). \n\n( C ) Applicability Subparagraphs ( D ) through ( G ) shall apply in any circumstance identified under the regulations promulgated under subparagraph ( A ). \n\n( D ) Submitting a notice of dispute A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that -- ( i ) identifies the specific information that is being disputed ; ( ii ) explains the basis for the dispute; and ( iii ) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute. \n\n( E ) Duty of person after receiving notice of dispute After receiving a notice of dispute from a consumer pursuant to subparagraph ( D ), the person that provided the information in dispute to a consumer reporting agency shall -- ( i ) conduct an investigation with respect to the disputed information ; ( ii ) review all relevant information provided by the consumer with the notice ; ( iii ) complete such person 's investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and ( iv ) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate. \n\n( F ) Frivolous or irrelevant dispute ( i ) In general This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including -- ( I ) by reason of the failure of a consumer to provide sufficient information to investigate the disputed information ; or ( II ) the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection ( b ), with respect to which the person has already performed the person 's duties under this paragraph or subsection ( b ), as applicable. \n\n( ii ) Notice of determination Upon making any determination under clause ( i ) that a dispute is frivolous or irrelevant, the person shall notify the consumer of such determination not later than XXXX business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the person. \n\n( iii ) Contents of notice A notice under clause ( ii ) shall include -- ( I ) the reasons for the determination under clause ( i ) ; and ( II ) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information. \n\nDuty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. \n\n( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.","date_sent_to_company":"2024-05-04T22:24:58.000Z","issue":"Written notification about debt","sub_product":"Credit card debt","zip_code":"230XX","tags":null,"has_narrative":true,"complaint_id":"8928561","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Resurgent Capital Services L.P.","date_received":"2024-05-04T22:24:56.000Z","state":"VA","company_public_response":null,"sub_issue":"Didn't receive enough information to verify debt"},"highlight":{"complaint_what_happened":["( ii ) Notice <em>effective</em> for subsequent submissions After <em>providing</em> such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 1681a ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without <em>providing</em> additional notice to the customer."],"issue":["Written <em>notification</em> about debt"]},"sort":[7.2443957,"8928561"]},{"_index":"complaint-public-v1","_id":"12769507","_score":6.8239746,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"DEMAND LETTER XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED & EMAIL JPMorgan Chase Bank , N.A . \nLegal Department / Office of the President [ Insert Appropriate Chase Legal/Executive Office Address ] Email : XXXX ( Executive Office email provided in call transcript ) **Subject : IMMEDIATE DEMAND FOR RESOLUTION AND COMPENSATION : Violations of Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) and Georgia Fair Business Practices Act ( O.C.G.A. 10-1-390 et seq. ) XXXX XXXX Related to Accounts XXXX ( Sapphire ), XXXX ( Fraudulent ), XXXX ( Fraudulent/Amazon ), and Associated Identity Theft Matters Dear JPMorgan Chase Bank , N.A . Legal Department / Executive Office : This letter serves as a formal, pre-litigation demand for significant compensation and complete resolution stemming from JPMorgan Chase Bank , N.A . 's ( \" Chase '' ) egregious violations of federal and state law. Specifically, Chase has demonstrably failed in its duties as a furnisher of information under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., and has engaged in unfair and deceptive practices prohibited by the Georgia Fair Business Practices Act ( FBPA ), O.C.G.A. 10-1-390 et seq. \n\nThe Supreme Court has recognized that the FCRA \" was crafted to protect consumers from the transmission of inaccurate information about them. '' XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX ). As the Eleventh Circuit has emphasized, the FCRA imposes \" a duty to conduct a reasonable investigation '' that \" is not a mere procedural formality, but rather contemplates a substantive inquiry. '' XXXXXXXX XXXX XXXXXXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX Cir. XXXX ). Chase 's actions have fallen dramatically short of these standards. \n\nChase 's unreasonable investigation procedures, its blatant disregard for information provided, and its subsequent mishandling of my valid and fraudulently opened accounts, all within the known context of my documented identity theft victimization, have directly caused substantial financial injury, severe credit damage quantifiable by objective metrics, and profound, documented emotional distress. My attempts to resolve this through standard channels and multiple CFPB complaints ( Ref : Complaint Nos. XXXX, XXXX, XXXX, XXXX ) have been met with inadequate, inconsistent, and ultimately unlawful responses, necessitating this demand. \n\nComprehensive Factual Background and Timeline of Chase 's Violations : The following timeline, supported by extensive documentation, underscores Chase 's systematic failures : Documented Identity Theft ( XXXX ) : Chase was aware, or reasonably should have been aware through its investigation process, that I was a verified victim of identity theft, as documented by XXXX XXXX Police Reports XXXX XXXX # XXXX, XXXX ) and my FTC Identity Theft Report ( # XXXX ), which detailed numerous fraudulent accounts, including those linked to Chase. The FTC report specifically identified a fraudulent Chase card among multiple compromised accounts, including XXXX XXXX XXXX ( {$5000.00} fraud ), XXXX XXXX XXXX ( {$3300.00} ), XXXX  ( {$2500.00} ), XXXX XXXX ( {$2500.00} ), and XXXX XXXX ( {$1500.00} ). This established a clear pattern of identity theft targeting financial institutions, placing Chase on heightened notice. Under 15 U.S.C. 1681c-2 and the FTC 's Red Flags Rule ( 16 C.F.R. 681.2 ), furnishers must consider such documentation when investigating identity theft claims and implement reasonable procedures to respond to identity theft notices. \n\nXX/XX/XXXX Fraudulent Activity & Dispute : Fraudulent Chase inquiries appeared on my credit report dated XX/XX/XXXX. These were promptly disputed with XXXX. XXXX confirmed deletion by XX/XX/XXXX ( Ref : XXXX # XXXX ), putting Chase on notice of specific fraudulent activity linked to my identity. This notice triggered Chase 's duties under 15 U.S.C. 1681s-2 ( b ) to implement heightened scrutiny regarding any future accounts or inquiries in my name, particularly given the documented history of identity theft. \n\nXX/XX/XXXX Legitimate Sapphire Application : I legitimately applied for and was approved for the Chase Sapphire account ending XXXX ( \" Sapphire Account '' ). This application was made with my authentic personal information, from my verified address, and using my legitimate contact informationall distinguishable from the fraudulent patterns documented in the FTC report. \n\nXX/XX/XXXX Improper Closure of Valid Account & Confusing Communications : Shortly after approval, Chase closed the valid Sapphire Account. Chase 's rationale was inconsistent and improperly conflated this valid account with investigations into separate fraudulent accounts ( e.g., XXXX, XXXX ). This action lacked a reasonable basis specific to the Sapphire Account itself, violating the \" reasonable procedures '' requirement of 15 U.S.C. 1681s-2 ( b ) ( 1 ) ( A ). \n\nThe closure letter dated XX/XX/XXXX, referenced account ending XXXX ( the XXXX account ), stating closure was due to \" fraud claim history/patterns. '' This demonstrates Chase 's internal confusion and improper linkage between distinct accounts. The letter failed to provide clear, specific information about the Sapphire account ( XXXX ), violating the adverse action notice requirements under both FCRA and Regulation B ( 12 C.F.R. 1002.9 ). \n\nXX/XX/XXXX XX/XX/XXXX Futile Attempts at Resolution : I endured months of frustrating interactions with Chase representatives ( Ref : Call Transcripts XXXX, XXXX, XXXX ), totaling over 15 hours of documented phone conversations. These transcripts reveal : Chase representatives provided contradictory information about the reason for closure ( bank policy vs. fraud linkage ) Supervisors acknowledged confusion between the legitimate Sapphire account ( XXXX ) and fraudulent accounts ( XXXX ) Chase failed to properly escalate the matter despite clear evidence of their error Representatives directed me to the XXXX, XXXX  address and executive office contacts, yet these escalation attempts yielded no resolution This pattern of conduct violates the \" reasonable investigation '' standard established in XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) and adopted by the XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX, XXXX ( XXXX XXXX. XXXX ). The call transcripts demonstrate Chase 's failure to implement proper procedures for handling complex identity theft situations, contrary to the requirements of the FTC 's Furnisher Rule, 16 C.F.R. 660.4. \n\nXXXX XXXX Chase 's Misuse of Consumer Statement : After initiating the flawed closure process based on its internal errors, Chase seized upon a statement I made in a CFPB complaint ( filed XX/XX/XXXX - # XXXX ) amidst the confusion Chase created, using it as a post-hoc justification for accepting the Sapphire account as fraudulent ( Ref : Chase Response to CFPB ; Call Transcript XXXX pt XXXX clarifying my intent ). \n\nThe call transcript from XXXX explicitly documents my clarification that the statement was made during a period of extreme confusion created by Chase 's contradictory communications. This occurred even as I was actively trying to correct Chase 's misunderstanding directly ( Ref : Calls surrounding XX/XX/XXXX ). Such selective consideration of evidence violates the \" reasonable investigation '' standard articulated in XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) ( furnisher must consider \" all relevant information '' provided by consumer ). \n\nOngoing Harm : The improper closure and associated negative, albeit eventually corrected, reporting resulted in a quantifiable credit score drop ( nearly XXXX points ), impaired my ability to secure funding, caused significant financial strain ( affecting ability to provide for my family ), and inflicted severe, ongoing emotional distress. Courts have consistently recognized such harms as compensable under the FCRA. See XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) ( recognizing \" mental distress '' as actual damages under FCRA ). \n\nDetailed Legal Violations by Chase : 1. Violation of FCRA 1681s-2 ( b ) Duty to Conduct a Reasonable Investigation : As a furnisher, upon receiving a notice of dispute regarding the accuracy of information provided to CRAs, Chase has a statutory duty to conduct a prompt and reasonable investigation. 15 U.S.C. 1681s-2 ( b ) ( 1 ). This duty requires more than a cursory or superficial review ; it mandates consideration of all relevant information available, including information provided by the consumer. See XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) ( emphasizing that the investigation must be reasonable under the circumstances ) ; XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) ( furnisher must conduct its own reasonable investigation, not just rely on CRA ). \n\nThe Eleventh Circuit has specifically held that \" a reasonable investigation ... means more than simply confirming that the challenged information is actually what the furnisher previously reported. '' XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ). Rather, it requires \" a fairly searching inquiry '' that considers the specific circumstances of each case. Id. \n\nChase breached this duty in multiple, documented ways : a ) Failure to Differentiate Between Accounts : Chase failed to differentiate the valid Sapphire Account ( XXXX ) from known fraudulent accounts ( XXXX, XXXX ) during its investigation, contrary to the requirement in XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX. XXXX ) that furnishers must \" consider the specific facts '' of each dispute. The call transcripts ( particularly XXXX ) explicitly show Chase representatives acknowledging confusion between these distinct accounts. \n\nb ) Disregard of Critical Evidence : Chase ignored or failed to reasonably weigh crucial evidence provided ( FTC Report # XXXX, XXXX XXXX Police Reports # XXXX and # XXXX, prior XXXX  deletions # XXXX ), violating the principle established in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) that a furnisher must \" evaluate the evidence '' provided by the consumer. These documents clearly established the pattern of identity theft and should have prompted heightened scrutiny to distinguish legitimate from fraudulent activity. \n\nc ) Improper Reliance on Internal Policies : Chase unreasonably relied on internal policies/fraud flags triggered by separate accounts to justify adverse action on the valid Sapphire Account, contrary to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ) ( holding that reliance on internal records alone may be insufficient ). The XX/XX/XXXX closure letter explicitly references \" fraud claim history/patterns '' rather than specific issues with the Sapphire account itself. \n\nd ) Selective Use of Consumer Statements : Chase improperly relied on a single statement made under confusing circumstances ( CFPB complaint # XXXX filed XX/XX/XXXX ), while disregarding clarifications and the totality of evidence demonstrating the Sapphire Account 's validity at the time of closure. The call transcript from XXXX documents my explicit clarification of this misunderstanding. This selective approach violates the standard in XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) ( reasonableness of investigation is evaluated based on cost of verifying accuracy vs. potential harm of inaccuracy ). Given the high potential harm, Chase 's investigation was facially unreasonable. \n\ne ) Systemic Failure in Identity Theft Context : Chase demonstrated a systemic failure to implement proper procedures for handling complex identity theft situations, despite clear regulatory guidance. The FTC 's Furnisher Rule ( 16 C.F.R. 660.4 ) and Interagency Guidelines on Identity Theft ( 12 C.F.R. 222, App. J ) require furnishers to implement reasonable procedures to respond to notifications of identity theft and prevent re-reporting of fraudulent information. Chase 's handling of my case demonstrates a reckless disregard for these requirements. \n\nf ) Inconsistent Communications : The call transcripts ( XXXX, XXXX, XXXX ) document Chase representatives providing contradictory explanations for the Sapphire account closure, demonstrating the absence of a coherent, reasonable investigation process. In XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court held that inconsistent explanations can be evidence of an unreasonable investigation. \n\n2. Violation of FCRA 1681i Failure to Correct or Delete Inaccurate Information : Stemming from its unreasonable investigation, Chase failed its duty under 1681i ( a ) to accurately and timely correct or delete the inaccurate information concerning the Sapphire Account reported to CRAs. Reporting the closure based on a flawed investigation constitutes furnishing inaccurate information. The eventual correction does not absolve Chase of liability for the harm caused during the period of non-compliance. See XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) ( holding that subsequent correction does not eliminate liability for the period of violation ). \n\nAs the Eleventh Circuit has held, \" a plaintiff need not show that the inaccurate information was actually used to his detriment to recover actual damages under the FCRA. '' XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ). The fact that the information was inaccurately reported is sufficient to establish a violation. \n\nThe CFPB complaint responses confirm that Chase eventually accepted both the XXXX and Sapphire accounts as fraudulent and requested deletion from CRAs. However, this belated correction came only after significant damage had occurred, including : a ) A documented credit score drop of nearly XXXX points b ) Inability to secure necessary funding during the critical period c ) Significant financial strain affecting my ability to meet family obligations d ) Extensive time and resources spent attempting to resolve Chase 's errors In XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court recognized that even temporary inaccuracies can cause compensable harm under the FCRA. \n\nXXXX. Violation of Georgia FBPA XXXX ( a ) Unfair or Deceptive Acts or Practices : Chase 's actions constitute \" unfair or deceptive acts or practices in the conduct of consumer transactions, '' prohibited by O.C.G.A. XXXX ( a ). The Georgia FBPA is to be \" liberally construed and applied to promote its underlying purposes and policies, '' which include protecting consumers. O.C.G.A. XXXX ( a ). \n\na ) Unfairness : Closing the valid Sapphire Account based on errors and causing substantial, unavoidable consumer injury ( credit damage, financial hardship, distress ) is patently unfair. Georgia courts have held that practices causing \" substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits '' constitute unfair practices. See XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX ). \n\nThe call transcripts ( particularly XXXX and XXXX ) document the substantial burden placed on me as a consumer attempting to resolve Chase 's error. Despite providing all requested documentation and clarification, Chase persisted in maintaining its erroneous position until after significant harm had occurred. In XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX ), the court recognized that forcing consumers to undertake extraordinary efforts to correct a company 's error can constitute an unfair practice. \n\nb ) Deception : Providing conflicting, vague, and inaccurate justifications for the closure ( bank policy vs. fraud linkage vs. consumer statement ) constitutes deceptive practices. See XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) ( FBPA provides broad protection against deceptive practices ). The Georgia Court of Appeals has held that \" a representation is deceptive if it has the capacity or tendency to deceive. '' XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX, XXXX ( XXXX ). \n\nThe XX/XX/XXXX closure letter referenced account ending XXXX ( the XXXX account ) rather than the Sapphire account ( XXXX ), creating confusion about which account was being closed and why. The subsequent explanations provided in calls and CFPB responses shifted from \" bank policy '' to reliance on my own statement made during the confusion Chase created. This pattern of inconsistent, misleading communications meets the standard for deception under Georgia law. XXXX XXXX XXXX XXXX XXXX v. XXXX, XXXX XXXX XXXX, XXXX ( XXXX ) ( recognizing that misleading communications can constitute deceptive practices ). \n\n4. Willful Noncompliance with FCRA ( 15 U.S.C. 1681n ) : Chase 's conduct rises to the level of willful noncompliance, defined as acting with knowledXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX of XXXX. XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX ). The Supreme Court clarified that willfulness includes not only knowing violations but also reckless disregard of statutory duties. Id. at XXXX. Chase 's reckless disregard is evidenced by : a ) Disregard of Established Legal Requirements : Chase failed to implement procedures adequate to distinguish valid from fraudulent accounts in a known ID theft context, despite clear statutory obligations under 15 U.S.C. 1681s-2 ( b ) and regulatory guidance from the FTC and federal banking regulators. See XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) ( finding that disregard of \" well-established legal requirements '' can constitute willfulness ). \n\nb ) Persistence Despite Contrary Evidence : Chase persisted with adverse actions based on clearly flawed internal linkages despite receiving contradictory evidence, including the FTC Identity Theft Report ( # XXXX ), XXXX XXXX Police Reports ( # XXXX, # XXXX ), and XXXX dispute results ( # XXXX ). In XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court found willfulness where a furnisher maintained its position despite being presented with clear evidence contradicting its reporting. \n\nc ) Systemic Failure in Identity Theft Handling : The call transcripts reveal Chase 's systemic failure to handle complex mixed-file/ID theft disputes reasonably, indicating a reckless disregard for the accuracy required by FCRA. See XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) ( finding willfulness where defendant 's procedures were objectively unreasonable in light of legal requirements ). \n\nd ) Post-Hoc Rationalization : Chase 's shifting justifications for the Sapphire account closure, culminating in seizing upon my statement made during the confusion Chase created, demonstrates a bad faith approach to compliance. In XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court found that post-hoc rationalizations for FCRA violations can support a finding of willfulness. \n\nComprehensive Analysis of Potential Counterarguments : 1. \" We followed internal bank policy regarding fraud. '' Rebuttal : Internal policy does not preempt federal law. The FCRA mandates a reasonable investigation specific to the disputed information. A policy that leads to the closure of valid accounts based on unrelated fraud or fails to account for documented identity theft contexts is inherently unreasonable and violates FCRA 1681s-2 ( b ). \n\nMultiple courts have rejected this defense : In XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court held that \" following standard procedures could still be negligent if the procedures themselves are unreasonable. '' In XXXX v. XXXX XXXX. XXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court rejected the argument that merely confirming information in internal records satisfied the \" reasonable investigation '' requirement. \nIn XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court emphasized that \" a company 's internal procedures do not immunize it from FCRA liability. '' The documented confusion between accounts ( XXXX vs. XXXX ) in the call transcripts demonstrates that Chase 's internal policies failed to properly distinguish between legitimate and fraudulent accounts in an identity theft context. The XX/XX/XXXX closure letter referencing account XXXX rather than the Sapphire account ( XXXX ) further evidences this confusion. \n\nChase can not shield itself from liability by citing flawed internal procedures. The Eleventh Circuit has specifically held that \" a reasonable investigation is one that a reasonably prudent person would undertake under the circumstances. '' XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ). Chase 's investigation failed this standard. \n\nXXXX. \" The consumer 's own statement on XX/XX/XXXX, confirmed the Sapphire account was fraudulent. '' Rebuttal : This is a misleading post-hoc rationalization that fails for multiple legal reasons : ( 1 ) Chase 's improper closure process was already underway before this statement, as evidenced by the XX/XX/XXXX closure letter, establishing that the statement was not the actual basis for Chase 's actions. Courts have rejected such after-the-fact justifications. See XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) ( rejecting post-hoc rationalizations for FCRA violations ). \n\n( XXXX ) The statement was made amidst significant confusion created by Chase 's mishandling and inconsistent communication, as documented in the call transcripts ( XXXX, XXXX ). Under established principles of consumer protection law, statements made under circumstances of confusion or duress are not reliable bases for adverse action. See FTC v. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) ( emphasizing the importance of evaluating consumer statements in their full context ). \n\n( 3 ) FCRA requires evaluation of all relevant information ; cherry-picking one statement while ignoring prior documentation, context, and direct clarifications ( Ref : Call Transcript XXXX pt XXXX ) is unreasonable. In XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, XXXX ( XXXX XXXX. XXXX ), the court held that a furnisher must consider \" all relevant information '' provided by the consumer. \n\n( 4 ) The statement was promptly clarified once the confusion was partially resolved in executive calls, as documented in the XXXX transcript. Courts have recognized that consumers have the right to clarify ambiguous statements. XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX Cir. XXXX ) ( emphasizing the importance of considering consumer clarifications ). \n\nRelying on this statement as the definitive basis for closure after the fact demonstrates bad faith, which courts have found can support enhanced damages. See XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ) ( affirming punitive damages where defendant acted in bad faith ). \n\nXXXX. \" We ultimately accepted the accounts as fraud and requested deletion from CRAs. '' Rebuttal : This late correction does not absolve Chase of liability for the significant damages incurred during the period of non-compliance. The unreasonable investigation and improper handling caused substantial harm ( credit score drop, emotional distress, lost opportunities ) before the eventual, delayed correction. \n\nMultiple courts have established that liability attaches for the period of the violation : In XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ), the court held that \" liability exists even if inaccuracy is eventually corrected. '' In XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX XXXX. XXXX ), the court recognized that damages accrue during the period of non-compliance, regardless of later correction. \nIn XXXXXXXX XXXX XXXXXXXX XXXX. XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXXXXXX ), the court held that \" subsequent corrections do not eliminate the furnisher 's liability for the period during which the inaccurate information remained on a credit report. '' The CFPB complaint responses confirm that Chase eventually accepted both accounts as fraudulent, but only after months of improper handling and after significant harm had occurred. This belated correction actually serves as an admission that Chase 's initial investigation and handling were flawed. In XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ), the court recognized that eventual correction can serve as evidence that earlier investigations were inadequate. \n\nXXXX. \" The consumer 's claimed damages are speculative. '' Rebuttal : The damages are concrete, documented, and supported by extensive evidence, meeting the standards established in multiple precedential cases : a ) Credit Score Impact : The nearly XXXXpoint credit score drop is an objective, quantifiable metric of harm, recognized as compensable in XXXX XXXX BXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX ) ( acknowledging credit score drops as actual damages ). This drop is documented in credit reports before and after Chase 's improper actions. \n\nb ) Emotional Distress : The extensive call transcripts ( XXXX, XXXX, XXXX ) and CFPB filings document the severe emotional distress caused by Chase 's actions. Courts routinely award substantial damages for emotional distress under FCRA : In XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ), the court upheld a {$150000.00} emotional distress award under FCRA. \nIn XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court affirmed significant emotional distress damages. \nIn XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX. XXXX XXXX, XXXX ( XXXX. Ky. XXXX ), the court upheld a {$250000.00} emotional distress award. \nc ) Lost Opportunities : The inability to secure funding during the period of Chase 's non-compliance is a concrete economic harm. In XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ), the court recognized that \" loss of credit opportunities '' constitutes actual damages under the FCRA. \n\nd ) Time and Resources : The extensive time spent attempting to resolve Chase 's errors ( documented in call transcripts totaling over 15 hours ) constitutes compensable damages. In XXXX XXXX XXXX XXXXXXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX, XXXX ( XXXX XXXX XXXX ), a Georgia federal court recognized that time spent attempting to resolve credit reporting errors is compensable. \n\nThe Eleventh Circuit has specifically recognized that \" a plaintiff need not show that the inaccurate information was actually used to his detriment to recover actual damages under the FCRA. '' XXXXXXXX XXXX XXXXXXXX XXXX. XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ). While specific outcomes vary, the potential for significant damages based on Chase 's conduct is well-established in case law. \n\nXXXX. \" This dispute is subject to the Cardmember Agreement 's arbitration clause. '' Rebuttal : While acknowledging the arbitration clause in the Cardmember Agreement, it is a procedural mechanism, not a defense to the substantive violations outlined herein. The Supreme Court has recognized that arbitration agreements are generally enforceable under the Federal Arbitration Act. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX ). However : a ) Procedural vs. Substantive Rights : The existence of an arbitration clause does not diminish the severity of Chase 's legal violations or the compensation owed. In XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX ), the Court clarified that arbitration agreements affect the forum, not substantive rights. \n\nb ) Preparedness for Arbitration : Should Chase invoke this clause and compel arbitration, I am fully prepared to pursue these claims vigorously in that forum, seeking the same full measure of damages. Arbitrators have awarded significant damages in FCRA cases. See, e.g., XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX Cir. XXXX ) ( noting arbitration awards in FCRA cases ). \n\nc ) Potential Unenforceability : Courts have invalidated arbitration clauses in certain consumer contexts where they effectively prevent vindication of statutory rights. See XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) ( acknowledging the \" effective vindication '' exception ). Given the documented pattern of Chase 's conduct, there may be grounds to challenge the enforceability of the arbitration clause in this specific context. \n\nd ) Applicability to Fraudulent Accounts : The arbitration clause may not apply to accounts that Chase has now acknowledged as fraudulent. In XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court recognized limitations on the applicability of arbitration clauses to disputed accounts. \n\nXXXX. \" The consumer failed to mitigate damages. '' Rebuttal : The extensive documentation demonstrates my diligent efforts to mitigate damages through every available channel : a ) Prompt Dispute Initiation : I promptly disputed the fraudulent inquiries with XXXX ( resolved by XX/XX/XXXX, Ref : # XXXX ), demonstrating diligence in addressing identity theft issues. \n\nb ) Extensive Communication Attempts : The call transcripts ( XXXX, XXXX, XXXX ) document over 15 hours of calls attempting to resolve Chase 's errors, including escalation to supervisors and the executive office.\n\nc ) Multiple CFPB Complaints : I filed multiple CFPB complaints ( Ref : Complaint Nos. XXXX, XXXX, XXXX, XXXX ) in an effort to resolve the issues through regulatory channels. \n\nd ) Comprehensive Documentation : I provided comprehensive documentation, including the FTC Identity Theft Report ( # XXXX ) and XXXX XXXX Police Reports ( # XXXX, # XXXX ), to assist Chase in properly investigating the matter. \n\nCourts have recognized that consumers are not required to undertake extraordinary measures to mitigate damages caused by a furnisher 's FCRA violations. See XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXX Cir. XXXX ) ( rejecting argument that consumer failed to mitigate damages where she took reasonable steps to address the issue ). The documented efforts here far exceed what courts have considered reasonable mitigation efforts. \n\nDamages and Demand : Chase 's violations of FCRA and FBPA have directly caused : 1. Actual Economic Damages : {$85000.00} This amount encompasses : a ) Credit Score Impact : The documented XXXXpoint credit score drop has concrete economic value. In XXXX XXXX XXXX  XXXX XXXX, XXXX, XXXX XXXX XXXX. XXXX XXXX, XXXX ( XXXX XXXX  XXXX ), the court recognized that credit score drops constitute actual damages. Credit scoring experts typically value each point of a XXXX  score at approximately {$500.00} in lifetime borrowing costs, supporting a valuation of {$50000.00} for this component alone. \n\nb ) Lost Credit Opportunities : The inability to secure necessary funding during the critical period has caused cascading financial impacts. In XXXX v. XXXX XXXX. XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court recognized \" loss of credit opportunities '' as compensable damages. \n\nc ) Time and Resources : Over 15 hours of documented phone calls, plus time spent preparing CFPB complaints, gathering documentation, and addressing the financial fallout. In XXXX XXXX XXXX XXXXXXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX, XXXX ( XXXX XXXX XXXX ), a Georgia federal court recognized that time spent attempting to resolve credit reporting errors is compensable. \n\n2. Actual Emotional Distress Damages : {$250000.00} This amount reflects the documented severity and duration of XXXX, stress, and hardship caused by Chase 's actions against a known","date_sent_to_company":"2025-04-02T07:30:08.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"30032","tags":null,"has_narrative":true,"complaint_id":"12769507","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2025-04-02T07:29:37.000Z","state":"GA","company_public_response":null,"sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["The call transcripts ( particularly XXXX and XXXX ) document the substantial burden placed on me as a consumer attempting to resolve Chase 's <em>error</em>. Despite <em>providing</em> all requested documentation and clarification, Chase persisted in maintaining its erroneous position until after significant harm had occurred."]},"sort":[6.8239746,"12769507"]},{"_index":"complaint-public-v1","_id":"12769504","_score":6.8201427,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"DEMAND LETTER XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED & EMAIL JPMorgan Chase Bank , N.A . \nLegal Department / Office of the President XXXX XXXX XXXX Chase Legal/Executive Office XXXX XXXX Email : XXXX ( Executive Office email provided in call transcript ) **Subject : IMMEDIATE DEMAND FOR RESOLUTION AND COMPENSATION : Violations of Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) and Georgia Fair Business Practices Act ( O.C.G.A. 10-1-390 et seq. ) XXXX XXXX Related to Accounts XXXX ( Sapphire ), XXXX ( Fraudulent ), XXXX ( Fraudulent/Amazon ), and Associated Identity Theft Matters Dear JPMorgan Chase Bank , N.A . Legal Department / Executive Office : This letter serves as a formal, pre-litigation demand for significant compensation and complete resolution stemming from JPMorgan Chase Bank , N.A . 's ( \" Chase '' ) egregious violations of federal and state law. Specifically, Chase has demonstrably failed in its duties as a furnisher of information under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., and has engaged in unfair and deceptive practices prohibited by the Georgia Fair Business Practices Act ( FBPA ), O.C.G.A. 10-1-390 et seq. \n\nThe Supreme Court has recognized that the FCRA \" was crafted to protect consumers from the transmission of inaccurate information about them. '' XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX ). As the Eleventh Circuit has emphasized, the FCRA imposes \" a duty to conduct a reasonable investigation '' that \" is not a mere procedural formality, but rather contemplates a substantive inquiry. '' XXXXXXXX XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ). Chase 's actions have fallen dramatically short of these standards. \n\nChase 's unreasonable investigation procedures, its blatant disregard for information provided, and its subsequent mishandling of my valid and fraudulently opened accounts, all within the known context of my documented identity theft victimization, have directly caused substantial financial injury, severe credit damage quantifiable by objective metrics, and profound, documented emotional distress. My attempts to resolve this through standard channels and multiple CFPB complaints ( Ref : Complaint Nos. XXXX, XXXX, XXXX, XXXX ) have been met with inadequate, inconsistent, and ultimately unlawful responses, necessitating this demand. \n\nComprehensive Factual Background and Timeline of Chase 's Violations : The following timeline, supported by extensive documentation, underscores Chase 's systematic failures : Documented Identity Theft ( XXXX ) : Chase was aware, or reasonably should have been aware through its investigation process, that I was a verified victim of identity theft, as documented by XXXX XXXX Police Reports XXXX XXXX # XXXX, XXXX ) and my FTC Identity Theft Report ( # XXXX ), which detailed numerous fraudulent accounts, including those linked to Chase. The FTC report specifically identified a fraudulent Chase card among multiple compromised accounts, including XXXX XXXX XXXX ( {$5000.00} fraud ), XXXX XXXX XXXX ( {$3300.00} ), XXXX  ( {$2500.00} ), XXXX XXXX ( {$2500.00} ), and XXXX XXXX ( {$1500.00} ). This established a clear pattern of identity theft targeting financial institutions, placing Chase on heightened notice. Under 15 U.S.C. 1681c-2 and the FTC 's Red Flags Rule ( 16 C.F.R. 681.2 ), furnishers must consider such documentation when investigating identity theft claims and implement reasonable procedures to respond to identity theft notices. \n\nXX/XX/XXXX Fraudulent Activity & Dispute : Fraudulent Chase inquiries appeared on my credit report dated XX/XX/XXXX. These were promptly disputed with XXXX. XXXX confirmed deletion by XX/XX/XXXX ( Ref : XXXX # XXXX ), putting Chase on notice of specific fraudulent activity linked to my identity. This notice triggered Chase 's duties under 15 U.S.C. 1681s-2 ( b ) to implement heightened scrutiny regarding any future accounts or inquiries in my name, particularly given the documented history of identity theft. \n\nXX/XX/XXXX Legitimate Sapphire Application : I legitimately applied for and was approved for the Chase Sapphire account ending XXXX ( \" Sapphire Account '' ). This application was made with my authentic personal information, from my verified address, and using my legitimate contact informationall distinguishable from the fraudulent patterns documented in the FTC report. \n\nXX/XX/XXXX Improper Closure of Valid Account & Confusing Communications : Shortly after approval, Chase closed the valid Sapphire Account. Chase 's rationale was inconsistent and improperly conflated this valid account with investigations into separate fraudulent accounts ( e.g., XXXX, XXXX ). This action lacked a reasonable basis specific to the Sapphire Account itself, violating the \" reasonable procedures '' requirement of 15 U.S.C. 1681s-2 ( b ) ( 1 ) ( A ). \n\nThe closure letter dated XX/XX/XXXX, referenced account ending XXXX ( the XXXX account ), stating closure was due to \" fraud claim history/patterns. '' This demonstrates Chase 's internal confusion and improper linkage between distinct accounts. The letter failed to provide clear, specific information about the Sapphire account ( XXXX ), violating the adverse action notice requirements under both FCRA and Regulation B ( 12 C.F.R. 1002.9 ). \n\nXX/XX/XXXX XX/XX/XXXX Futile Attempts at Resolution : I endured months of frustrating interactions with Chase representatives ( Ref : Call Transcripts XXXX, XXXX, XXXX ), totaling over 15 hours of documented phone conversations. These transcripts reveal : Chase representatives provided contradictory information about the reason for closure ( bank policy vs. fraud linkage ) Supervisors acknowledged confusion between the legitimate Sapphire account ( XXXX ) and fraudulent accounts ( XXXX ) Chase failed to properly escalate the matter despite clear evidence of their error Representatives directed me to the XXXX, XXXX  address and executive office contacts, yet these escalation attempts yielded no resolution This pattern of conduct violates the \" reasonable investigation '' standard established in XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX XXXX. XXXX ) and adopted by the Eleventh Circuit in XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ). The call transcripts demonstrate Chase 's failure to implement proper procedures for handling complex identity theft situations, contrary to the requirements of the FTC 's Furnisher Rule, 16 C.F.R. 660.4. \n\nXXXX XXXX Chase 's Misuse of Consumer Statement : After initiating the flawed closure process based on its internal errors, Chase seized upon a statement I made in a CFPB complaint ( filed XX/XX/XXXX - # XXXX ) amidst the confusion Chase created, using it as a post-hoc justification for accepting the Sapphire account as fraudulent ( Ref : Chase Response to CFPB ; Call Transcript XXXX pt XXXX clarifying my intent ). \n\nThe call transcript from XXXX explicitly documents my clarification that the statement was made during a period of extreme confusion created by Chase 's contradictory communications. This occurred even as I was actively trying to correct Chase 's misunderstanding directly ( Ref : Calls surrounding XX/XX/XXXX ). Such selective consideration of evidence violates the \" reasonable investigation '' standard articulated in XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) ( furnisher must consider \" all relevant information '' provided by consumer ). \n\nOngoing Harm : The improper closure and associated negative, albeit eventually corrected, reporting resulted in a quantifiable credit score drop ( nearly XXXX points ), impaired my ability to secure funding, caused significant financial strain ( affecting ability to provide for my family ), and inflicted severe, ongoing emotional distress. Courts have consistently recognized such harms as compensable under the FCRA. See XXXXXXXX XXXX XXXXXXXX XXXX. XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) ( recognizing \" mental distress '' as actual damages under FCRA ). \n\nDetailed Legal Violations by Chase : 1. Violation of FCRA 1681s-2 ( b ) Duty to Conduct a Reasonable Investigation : As a furnisher, upon receiving a notice of dispute regarding the accuracy of information provided to CRAs, Chase has a statutory duty to conduct a prompt and reasonable investigation. 15 U.S.C. 1681s-2 ( b ) ( 1 ). This duty requires more than a cursory or superficial review ; it mandates consideration of all relevant information available, including information provided by the consumer. See XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, XXXX ( XXXX XXXX. XXXX ) ( emphasizing that the investigation must be reasonable under the circumstances ) ; XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) ( furnisher must conduct its own reasonable investigation, not just rely on CRA ). \n\nThe Eleventh Circuit has specifically held that \" a reasonable investigation ... means more than simply confirming that the challenged information is actually what the furnisher previously reported. '' XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ). Rather, it requires \" a fairly searching inquiry '' that considers the specific circumstances of each case. Id. \n\nChase breached this duty in multiple, documented ways : a ) Failure to Differentiate Between Accounts : Chase failed to differentiate the valid Sapphire Account ( XXXX ) from known fraudulent accounts ( XXXX, XXXX ) during its investigation, contrary to the requirement in XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) that furnishers must \" consider the specific facts '' of each dispute. The call transcripts ( particularly XXXX ) explicitly show Chase representatives acknowledging confusion between these distinct accounts. \n\nb ) Disregard of Critical Evidence : Chase ignored or failed to reasonably weigh crucial evidence provided ( FTC Report # XXXX, XXXX XXXX Police Reports # XXXX and # XXXX, prior XXXX  deletions # XXXX ), violating the principle established in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) that a furnisher must \" evaluate the evidence '' provided by the consumer. These documents clearly established the pattern of identity theft and should have prompted heightened scrutiny to distinguish legitimate from fraudulent activity. \n\nc ) Improper Reliance on Internal Policies : Chase unreasonably relied on internal policies/fraud flags triggered by separate accounts to justify adverse action on the valid Sapphire Account, contrary to XXXX XXXX XXXX XXXX  XXXX XXXX. XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) ( holding that reliance on internal records alone may be insufficient ). The XX/XX/XXXX closure letter explicitly references \" fraud claim history/patterns '' rather than specific issues with the Sapphire account itself. \n\nd ) Selective Use of Consumer Statements : Chase improperly relied on a single statement made under confusing circumstances ( CFPB complaint # XXXX filed XX/XX/XXXX ), while disregarding clarifications and the totality of evidence demonstrating the Sapphire Account 's validity at the time of closure. The call transcript from XXXX documents my explicit clarification of this misunderstanding. This selective approach violates the standard in XXXX XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) ( reasonableness of investigation is evaluated based on cost of verifying accuracy vs. potential harm of inaccuracy ). Given the high potential harm, Chase 's investigation was facially unreasonable. \n\ne ) Systemic Failure in Identity Theft Context : Chase demonstrated a systemic failure to implement proper procedures for handling complex identity theft situations, despite clear regulatory guidance. The FTC 's Furnisher Rule ( 16 C.F.R. 660.4 ) and Interagency Guidelines on Identity Theft ( 12 C.F.R. 222, App. J ) require furnishers to implement reasonable procedures to respond to notifications of identity theft and prevent re-reporting of fraudulent information. Chase 's handling of my case demonstrates a reckless disregard for these requirements. \n\nf ) Inconsistent Communications : The call transcripts ( XXXX, XXXX, XXXX ) document Chase representatives providing contradictory explanations for the Sapphire account closure, demonstrating the absence of a coherent, reasonable investigation process. In XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court held that inconsistent explanations can be evidence of an unreasonable investigation. \n\n2. Violation of FCRA 1681i Failure to Correct or Delete Inaccurate Information : Stemming from its unreasonable investigation, Chase failed its duty under 1681i ( a ) to accurately and timely correct or delete the inaccurate information concerning the Sapphire Account reported to CRAs. Reporting the closure based on a flawed investigation constitutes furnishing inaccurate information. The eventual correction does not absolve Chase of liability for the harm caused during the period of non-compliance. XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) ( holding that subsequent correction does not eliminate liability for the period of violation ). \n\nAs the Eleventh Circuit has held, \" a plaintiff need not show that the inaccurate information was actually used to his detriment to recover actual damages under the FCRA. '' XXXXXXXX XXXX XXXXXXXX XXXX. XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ). The fact that the information was inaccurately reported is sufficient to establish a violation. \n\nThe CFPB complaint responses confirm that Chase eventually accepted both the XXXX and Sapphire accounts as fraudulent and requested deletion from CRAs. However, this belated correction came only after significant damage had occurred, including : a ) A documented credit score drop of nearly XXXX points b ) Inability to secure necessary funding during the critical period c ) Significant financial strain affecting my ability to meet family obligations d ) Extensive time and resources spent attempting to resolve Chase 's errors In XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court recognized that even temporary inaccuracies can cause compensable harm under the FCRA. \n\n3. Violation of Georgia FBPA XXXX ( a ) Unfair or Deceptive Acts or Practices : Chase 's actions constitute \" unfair or deceptive acts or practices in the conduct of consumer transactions, '' prohibited by XXXX. XXXX ( a ). The Georgia FBPA is to be \" liberally construed and applied to promote its underlying purposes and policies, '' which include protecting consumers. O.C.G.A. XXXX ( a ). \n\na ) Unfairness : Closing the valid Sapphire Account based on errors and causing substantial, unavoidable consumer injury ( credit damage, financial hardship, distress ) is patently unfair. Georgia courts have held that practices causing \" substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits '' constitute unfair practices. See XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX App. XXXX, XXXX ( XXXX ). \n\nThe call transcripts ( particularly XXXX and XXXX ) document the substantial burden placed on me as a consumer attempting to resolve Chase 's error. Despite providing all requested documentation and clarification, Chase persisted in maintaining its erroneous position until after significant harm had occurred. In XXXX XXXXXXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX, XXXX ( XXXX ), the court recognized that forcing consumers to undertake extraordinary efforts to correct a company 's error can constitute an unfair practice. \n\nb ) Deception : Providing conflicting, vague, and inaccurate justifications for the closure ( bank policy vs. fraud linkage vs. consumer statement ) constitutes deceptive practices. See XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) ( FBPA provides broad protection against deceptive practices ). The Georgia Court of Appeals has held that \" a representation is deceptive if it has the capacity or tendency to deceive. '' XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX, XXXX ( XXXX ). \n\nThe XX/XX/XXXX closure letter referenced account ending XXXX ( the XXXX account ) rather than the Sapphire account ( XXXX ), creating confusion about which account was being closed and why. The subsequent explanations provided in calls and CFPB responses shifted from \" bank policy '' to reliance on my own statement made during the confusion Chase created. This pattern of inconsistent, misleading communications meets the standard for deception under Georgia law. XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX ) ( recognizing that misleading communications can constitute deceptive practices ). \n\n4. Willful Noncompliance with FCRA ( 15 U.S.C. 1681n ) : Chase 's conduct rises to the level of willful noncompliance, defined as acting with knowledge or reckless disregard of its statutory duties. XXXX XXXX. XXXXXXXX XXXX XXXX  XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX ). The Supreme Court clarified that willfulness includes not only knowing violations but also reckless disregard of statutory duties. Id. at XXXX. Chase 's reckless disregard is evidenced by : a ) Disregard of Established Legal Requirements : Chase failed to implement procedures adequate to distinguish valid from fraudulent accounts in a known ID theft context, despite clear statutory obligations under 15 U.S.C. 1681s-2 ( b ) and regulatory guidance from the FTC and federal banking regulators. See XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( finding that disregard of \" well-established legal requirements '' can constitute willfulness ). \n\nb ) Persistence Despite Contrary Evidence : Chase persisted with adverse actions based on clearly flawed internal linkages despite receiving contradictory evidence, including the FTC Identity Theft Report ( # XXXX ), XXXX XXXX Police Reports ( # XXXX, # XXXX ), and XXXX dispute results ( # XXXX ). In XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court found willfulness where a furnisher maintained its position despite being presented with clear evidence contradicting its reporting. \n\nc ) Systemic Failure in Identity Theft Handling : The call transcripts reveal Chase 's systemic failure to handle complex mixed-file/ID theft disputes reasonably, indicating a reckless disregard for the accuracy required by FCRA. See XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) ( finding willfulness where defendant 's procedures were objectively unreasonable in light of legal requirements ). \n\nd ) Post-Hoc Rationalization : Chase 's shifting justifications for the Sapphire account closure, culminating in seizing upon my statement made during the confusion Chase created, demonstrates a bad faith approach to compliance. In XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court found that post-hoc rationalizations for FCRA violations can support a finding of willfulness. \n\nComprehensive Analysis of Potential Counterarguments : 1. \" We followed internal bank policy regarding fraud. '' Rebuttal : Internal policy does not preempt federal law. The FCRA mandates a reasonable investigation specific to the disputed information. A policy that leads to the closure of valid accounts based on unrelated fraud or fails to account for documented identity theft contexts is inherently unreasonable and violates FCRA 1681s-2 ( b ). \n\nMultiple courts have rejected this defense : In XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court held that \" following standard procedures could still be negligent if the procedures themselves are unreasonable. '' In XXXXXXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court rejected the argument that merely confirming information in internal records satisfied the \" reasonable investigation '' requirement. \nIn XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX Cir. XXXX ), the court emphasized that \" a company 's internal procedures do not immunize it from FCRA liability. '' The documented confusion between accounts ( XXXX vs. XXXX ) in the call transcripts demonstrates that Chase 's internal policies failed to properly distinguish between legitimate and fraudulent accounts in an identity theft context. The XX/XX/XXXX closure letter referencing account XXXX rather than the Sapphire account ( XXXX ) further evidences this confusion. \n\nChase can not shield itself from liability by citing flawed internal procedures. The Eleventh Circuit has specifically held that \" a reasonable investigation is one that a reasonably prudent person would undertake under the circumstances. '' XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXXXXXX ). Chase 's investigation failed this standard. \n\nXXXX. \" The consumer 's own statement on XX/XX/XXXX, confirmed the Sapphire account was fraudulent. '' Rebuttal : This is a misleading post-hoc rationalization that fails for multiple legal reasons : ( 1 ) Chase 's improper closure process was already underway before this statement, as evidenced by the XX/XX/XXXX closure letter, establishing that the statement was not the actual basis for Chase 's actions. Courts have rejected such after-the-fact justifications. See XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) ( rejecting post-hoc rationalizations for FCRA violations ). \n\n( 2 ) The statement was made amidst significant confusion created by Chase 's mishandling and inconsistent communication, as documented in the call transcripts ( XXXX, XXXX ). Under established principles of consumer protection law, statements made under circumstances of confusion or duress are not reliable bases for adverse action. See FTC v. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) ( emphasizing the importance of evaluating consumer statements in their full context ). \n\n( 3 ) FCRA requires evaluation of all relevant information ; cherry-picking one statement while ignoring prior documentation, context, and direct clarifications ( Ref : Call Transcript XXXX pt XXXX ) is unreasonable. In XXXXXXXX XXXX XXXX XXXX XXXXXXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court held that a furnisher must consider \" all relevant information '' provided by the consumer. \n\n( 4 ) The statement was promptly clarified once the confusion was partially resolved in executive calls, as documented in the XXXX transcript. Courts have recognized that consumers have the right to clarify ambiguous statements. XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) ( emphasizing the importance of considering consumer clarifications ). \n\nRelying on this statement as the definitive basis for closure after the fact demonstrates bad faith, which courts have found can support enhanced damages. See XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX  XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) ( affirming punitive damages where defendant acted in bad faith ). \n\nXXXX. \" We ultimately accepted the accounts as fraud and requested deletion from CRAs. '' Rebuttal : This late correction does not absolve Chase of liability for the significant damages incurred during the period of non-compliance. The unreasonable investigation and improper handling caused substantial harm ( credit score drop, emotional distress, lost opportunities ) before the eventual, delayed correction. \n\nMultiple courts have established that liability attaches for the period of the violation : In XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court held that \" liability exists even if inaccuracy is eventually corrected. '' In XXXXXXXX XXXX XXXX XXXX XXXXXXXX, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court recognized that damages accrue during the period of non-compliance, regardless of later correction. \nIn XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ), the court held that \" subsequent corrections do not eliminate the furnisher 's liability for the period during which the inaccurate information remained on a credit report. '' The CFPB complaint responses confirm that Chase eventually accepted both accounts as fraudulent, but only after months of improper handling and after significant harm had occurred. This belated correction actually serves as an admission that Chase 's initial investigation and handling were flawed. In XXXXXXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court recognized that eventual correction can serve as evidence that earlier investigations were inadequate. \n\n4. \" The consumer 's claimed damages are speculative. '' Rebuttal : The damages are concrete, documented, and supported by extensive evidence, meeting the standards established in multiple precedential cases : a ) Credit Score Impact : The nearly XXXXpoint credit score drop is an objective, quantifiable metric of harm, recognized as compensable in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) ( acknowledging credit score drops as actual damages ). This drop is documented in credit reports before and after Chase 's improper actions. \n\nb ) Emotional Distress : The extensive call transcripts ( XXXX, XXXX, XXXX ) and CFPB filings document the severe emotional distress caused by Chase 's actions. Courts routinely award substantial damages for emotional distress under FCRA : In XXXXXXXX XXXX XXXXXXXX XXXX. XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court upheld a {$150000.00} emotional distress award under FCRA. \nIn XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court affirmed significant emotional distress damages. \nIn XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ), the court upheld a {$250000.00} emotional distress award. \nc ) Lost Opportunities : The inability to secure funding during the period of Chase 's non-compliance is a concrete economic harm. In XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ), the court recognized that \" loss of credit opportunities '' constitutes actual damages under the FCRA. \n\nd ) Time and Resources : The extensive time spent attempting to resolve Chase 's errors ( documented in call transcripts totaling over 15 hours ) constitutes compensable damages. In XXXX XXXX XXXX XXXXXXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX, XXXX ( XXXX XXXX XXXX ), a Georgia federal court recognized that time spent attempting to resolve credit reporting errors is compensable. \n\nThe Eleventh Circuit has specifically recognized that \" a plaintiff need not show that the inaccurate information was actually used to his detriment to recover actual damages under the FCRA. '' XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ). While specific outcomes vary, the potential for significant damages based on Chase 's conduct is well-established in case law. \n\n5. \" This dispute is subject to the Cardmember Agreement 's arbitration clause. '' Rebuttal : While acknowledging the arbitration clause in the Cardmember Agreement, it is a procedural mechanism, not a defense to the substantive violations outlined herein. The Supreme Court has recognized that arbitration agreements are generally enforceable under the Federal Arbitration Act. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX ). However : a ) Procedural vs. Substantive Rights : The existence of an arbitration clause does not diminish the severity of Chase 's legal violations or the compensation owed. In XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX ), the Court clarified that arbitration agreements affect the forum, not substantive rights. \n\nb ) Preparedness for Arbitration : Should Chase invoke this clause and compel arbitration, I am fully prepared to pursue these claims vigorously in that forum, seeking the same full measure of damages. Arbitrators have awarded significant damages in FCRA cases. See, e.g., XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) ( noting arbitration awards in FCRA cases ). \n\nc ) Potential Unenforceability : Courts have invalidated arbitration clauses in certain consumer contexts where they effectively prevent vindication of statutory rights. See XXXX XXXX XXXX XXXX XXXX XXXX  XXXX, XXXX XXXX XXXX, XXXX ( XXXX ) ( acknowledging the \" effective vindication '' exception ). Given the documented pattern of Chase 's conduct, there may be grounds to challenge the enforceability of the arbitration clause in this specific context. \n\nd ) Applicability to Fraudulent Accounts : The arbitration clause may not apply to accounts that Chase has now acknowledged as fraudulent. In XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court recognized limitations on the applicability of arbitration clauses to disputed accounts. \n\n6. \" The consumer failed to mitigate damages. '' Rebuttal : The extensive documentation demonstrates my diligent efforts to mitigate damages through every available channel : a ) Prompt Dispute Initiation : I promptly disputed the fraudulent inquiries with XXXX ( resolved by XX/XX/XXXX, Ref : # XXXX ), demonstrating diligence in addressing identity theft issues. \n\nb ) Extensive Communication Attempts : The call transcripts ( XXXX, XXXX, XXXX ) document over 15 hours of calls attempting to resolve Chase 's errors, including escalation to supervisors and the executive office. \n\nc ) Multiple CFPB Complaints : I filed multiple CFPB complaints ( Ref : Complaint Nos. XXXX, XXXX, XXXX, XXXX ) in an effort to resolve the issues through regulatory channels. \n\nd ) Comprehensive Documentation : I provided comprehensive documentation, including the FTC Identity Theft Report ( # XXXX ) and XXXX XXXX Police Reports ( # XXXX, # XXXX ), to assist Chase in properly investigating the matter. \n\nCourts have recognized that consumers are not required to undertake extraordinary measures to mitigate damages caused by a furnisher 's FCRA violations. See XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) ( rejecting argument that consumer failed to mitigate damages where she took reasonable steps to address the issue ). The documented efforts here far exceed what courts have considered reasonable mitigation efforts. \n\nDamages and Demand : Chase 's violations of FCRA and FBPA have directly caused : 1. Actual Economic Damages : {$85000.00} This amount encompasses : a ) Credit Score Impact : The documented XXXXpoint credit score drop has concrete economic value. In XXXX XXXX XXXX  XXXX XXXX, XXXX, XXXX XXXX XXXX. XXXX XXXX, XXXX ( XXXX XXXX XXXXXXXX ), the court recognized that credit score drops constitute actual damages. Credit scoring experts typically value each point of a XXXX  score at approximately {$500.00} in lifetime borrowing costs, supporting a valuation of {$50000.00} for this component alone. \n\nb ) Lost Credit Opportunities : The inability to secure necessary funding during the critical period has caused cascading financial impacts. In XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ), the court recognized \" loss of credit opportunities '' as compensable damages. \n\nc ) Time and Resources : Over 15 hours of documented phone calls, plus time spent preparing CFPB complaints, gathering documentation, and addressing the financial fallout. In XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ), a Georgia XXXX XXXX recognized that time spent attempting to resolve credit reporting errors is compensable. \n\n2. Actual Emotional Distress Damages : {$250000.00} This amount reflects the documented severity and duration of XXXX, stress, and hardship caused by Chase 's actions against a known","date_sent_to_company":"2025-04-02T07:30:13.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"30032","tags":null,"has_narrative":true,"complaint_id":"12769504","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2025-04-02T07:29:37.000Z","state":"GA","company_public_response":null,"sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["The call transcripts ( particularly XXXX and XXXX ) document the substantial burden placed on me as a consumer attempting to resolve Chase 's <em>error</em>. Despite <em>providing</em> all requested documentation and clarification, Chase persisted in maintaining its erroneous position until after significant harm had occurred."]},"sort":[6.8201427,"12769504"]},{"_index":"complaint-public-v1","_id":"12769499","_score":6.8143673,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"DEMAND LETTER XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED & EMAIL JPMorgan Chase Bank, N.A. \nLegal Department / Office of the President [ Insert Appropriate Chase Legal/Executive Office Address ] Email : XXXX ( Executive Office email provided in call transcript ) **Subject : IMMEDIATE DEMAND FOR RESOLUTION AND COMPENSATION : Violations of Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) and Georgia Fair Business Practices Act ( O.C.G.A. 10-1-390 et seq. ) XXXX XXXX Related to Accounts XXXX ( Sapphire ), XXXX ( Fraudulent ), XXXX ( Fraudulent/XXXX ), and Associated Identity Theft Matters Dear JPMorgan Chase Bank, N.A . Legal Department / Executive Office : This letter serves as a formal, pre-litigation demand for significant compensation and complete resolution stemming from JPMorgan Chase Bank, N.A. 's ( \" Chase '' ) egregious violations of federal and state law. Specifically, Chase has demonstrably failed in its duties as a furnisher of information under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., and has engaged in unfair and deceptive practices prohibited by the Georgia Fair Business Practices Act ( FBPA ), O.C.G.A. 10-1-390 et seq. \n\nThe Supreme Court has recognized that the FCRA \" was crafted to protect consumers from the transmission of inaccurate information about them. '' XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX ). As the XXXX XXXX has emphasized, the FCRA imposes \" a duty to conduct a reasonable investigation '' that \" is not a mere procedural formality, but rather contemplates a substantive inquiry. '' XXXXXXXX XXXX XXXXXXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXX ). Chase 's actions have fallen dramatically short of these standards.\n\nChase 's unreasonable investigation procedures, its blatant disregard for information provided, and its subsequent mishandling of my valid and fraudulently opened accounts, all within the known context of my documented identity theft victimization, have directly caused substantial financial injury, severe credit damage quantifiable by objective metrics, and profound, documented emotional distress. My attempts to resolve this through standard channels and multiple CFPB complaints ( Ref : Complaint Nos. XXXX, XXXX, XXXX, XXXX ) have been met with inadequate, inconsistent, and ultimately unlawful responses, necessitating this demand. \n\nComprehensive Factual Background and Timeline of Chase 's Violations : The following timeline, supported by extensive documentation, underscores Chase 's systematic failures : Documented Identity Theft ( XXXX ) : Chase was aware, or reasonably should have been aware through its investigation process, that I was a verified victim of identity theft, as documented by XXXX XXXX Police Reports XXXX XXXX # XXXX, XXXX ) and my FTC Identity Theft Report ( # XXXX ), which detailed numerous fraudulent accounts, including those linked to Chase. The FTC report specifically identified a fraudulent Chase card among multiple compromised accounts, including XXXX XXXX XXXX ( {$5000.00} fraud ), XXXX XXXX XXXX ( {$3300.00} ), XXXX ( {$2500.00} ), XXXX XXXX ( {$2500.00} ), and XXXX XXXX ( {$1500.00} ). This established a clear pattern of identity theft targeting financial institutions, placing Chase on heightened notice. Under 15 U.S.C. 1681c-2 and the FTC 's Red Flags Rule ( 16 C.F.R. 681.2 ), furnishers must consider such documentation when investigating identity theft claims and implement reasonable procedures to respond to identity theft notices. \n\nXX/XX/XXXX Fraudulent Activity & Dispute : XXXX XXXX inquiries appeared on my credit report dated XX/XX/XXXX. These were promptly disputed with XXXX. XXXX confirmed deletion by XX/XX/XXXX ( Ref : XXXX # XXXX ), putting Chase on notice of specific fraudulent activity linked to my identity. This notice triggered Chase 's duties under 15 U.S.C. 1681s-2 ( b ) to implement heightened scrutiny regarding any future accounts or inquiries in my name, particularly given the documented history of identity theft. \n\nXX/XX/XXXX Legitimate Sapphire Application : I legitimately applied for and was approved for the Chase Sapphire account ending XXXX ( \" Sapphire Account '' ). This application was made with my authentic personal information, from my verified address, and using my legitimate contact informationall distinguishable from the fraudulent patterns documented in the FTC report. \n\nXX/XX/XXXX Improper Closure of Valid Account & Confusing Communications : Shortly after approval, Chase closed the valid Sapphire Account. Chase 's rationale was inconsistent and improperly conflated this valid account with investigations into separate fraudulent accounts ( e.g., XXXX, XXXX ). This action lacked a reasonable basis specific to the Sapphire Account itself, violating the \" reasonable procedures '' requirement of 15 U.S.C. 1681s-2 ( b ) ( 1 ) ( A ). \n\nThe closure letter dated XX/XX/XXXX, referenced account ending XXXX ( the XXXX account ), stating closure was due to \" fraud claim history/patterns. '' This demonstrates Chase 's internal confusion and improper linkage between distinct accounts. The letter failed to provide clear, specific information about the Sapphire account ( XXXX ), violating the adverse action notice requirements under both FCRA and Regulation B ( 12 C.F.R. 1002.9 ). \n\nXX/XX/XXXX XX/XX/XXXX Futile Attempts at Resolution : I endured months of frustrating interactions with Chase representatives ( Ref : Call Transcripts XXXX, XXXX, XXXX ), totaling over 15 hours of documented phone conversations. These transcripts reveal : Chase representatives provided contradictory information about the reason for closure ( bank policy vs. fraud linkage ) Supervisors acknowledged confusion between the legitimate Sapphire account ( XXXX ) and fraudulent accounts ( XXXX ) Chase failed to properly escalate the matter despite clear evidence of their error Representatives directed me to the XXXXXXXX XXXX address and executive office contacts, yet these escalation attempts yielded no resolution This pattern of conduct violates the \" reasonable investigation '' standard established in XXXX XXXX XXXX XXXX XXXX XXXX  XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX  XXXX ) and adopted by the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ). The call transcripts demonstrate Chase 's failure to implement proper procedures for handling complex identity theft situations, contrary to the requirements of the FTC 's Furnisher Rule, 16 C.F.R. 660.4. \n\nXXXX XXXX Chase 's Misuse of Consumer Statement : After initiating the flawed closure process based on its internal errors, Chase seized upon a statement I made in a CFPB complaint ( filed XX/XX/XXXX - # XXXX ) amidst the confusion Chase created, using it as a post-hoc justification for accepting the Sapphire account as fraudulent ( Ref : Chase Response to CFPB ; Call Transcript XXXX pt XXXX clarifying my intent ). \n\nThe call transcript from XXXX explicitly documents my clarification that the statement was made during a period of extreme confusion created by Chase 's contradictory communications. This occurred even as I was actively trying to correct Chase 's misunderstanding directly ( Ref : Calls surrounding XX/XX/XXXX ). Such selective consideration of evidence violates the \" reasonable investigation '' standard articulated in XXXX XXXX  XXXX & XXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXXXXXX XXXX XXXXXXXX ) ( furnisher must consider \" all relevant information '' provided by consumer ). \n\nOngoing Harm : The improper closure and associated negative, albeit eventually corrected, reporting resulted in a quantifiable credit score drop ( nearly XXXX points ), impaired my ability to secure funding, caused significant financial strain ( affecting ability to provide for my family ), and inflicted severe, ongoing emotional distress. Courts have consistently recognized such harms as compensable under the FCRA. See XXXX XXXX  XXXX XXXX. XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX  XXXX ) ( recognizing \" mental distress '' as actual damages under FCRA ). \n\nDetailed Legal Violations by Chase : 1. Violation of FCRA 1681s-2 ( b ) Duty to Conduct a Reasonable Investigation : As a furnisher, upon receiving a notice of dispute regarding the accuracy of information provided to CRAs, Chase has a statutory duty to conduct a prompt and reasonable investigation. 15 U.S.C. 1681s-2 ( b ) ( 1 ). This duty requires more than a cursory or superficial review ; it mandates consideration of all relevant information available, including information provided by the consumer. See XXXXXXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXXXXXX ) ( emphasizing that the investigation must be reasonable under the circumstances ) ; XXXX XXXX XXXX XXXX XXXXXXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX  XXXX ) ( furnisher must conduct its own reasonable investigation, not just rely on CRA ). \n\nThe XXXX XXXX has specifically held that \" a reasonable investigation ... means more than simply confirming that the challenged information is actually what the furnisher previously reported. '' XXXX XXXX XXXX XXXX XXXX  XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX  XXXX ). Rather, it requires \" a fairly searching inquiry '' that considers the specific circumstances of each case. Id. \n\nChase breached this duty in multiple, documented ways : a ) Failure to Differentiate Between Accounts : Chase failed to differentiate the valid Sapphire Account ( XXXX ) from known fraudulent accounts ( XXXX, XXXX ) during its investigation, contrary to the requirement in XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) that furnishers must \" consider the specific facts '' of each dispute. The call transcripts ( particularly XXXX ) explicitly show Chase representatives acknowledging confusion between these distinct accounts. \n\nb ) Disregard of Critical Evidence : XXXX ignored or failed to reasonably weigh crucial evidence provided ( FTC Report # XXXX, XXXX XXXX Police Reports # XXXX and # XXXX, prior XXXX deletions # XXXX ), violating the principle established in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) that a furnisher must \" evaluate the evidence '' provided by the consumer. These documents clearly established the pattern of identity theft and should have prompted heightened scrutiny to distinguish legitimate from fraudulent activity. \n\nc ) Improper Reliance on Internal Policies : Chase unreasonably relied on internal policies/fraud flags triggered by separate accounts to justify adverse action on the valid Sapphire Account, contrary to XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, XXXX ( XXXXXXXX XXXX  XXXX ) ( holding that reliance on internal records alone may be insufficient ). The XX/XX/XXXX closure letter explicitly references \" fraud claim history/patterns '' rather than specific issues with the Sapphire account itself.\n\nd ) Selective Use of Consumer Statements : Chase improperly relied on a single statement made under confusing circumstances ( CFPB complaint # XXXX filed XX/XX/XXXX ), while disregarding clarifications and the totality of evidence demonstrating the Sapphire Account 's validity at the time of closure. The call transcript from XXXX documents my explicit clarification of this misunderstanding. This selective approach violates the standard in XXXXXXXX XXXX XXXXXXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXXXXXX ) ( reasonableness of investigation is evaluated based on cost of verifying accuracy vs. potential harm of inaccuracy ). Given the high potential harm, Chase 's investigation was facially unreasonable.\n\ne ) Systemic Failure in Identity Theft Context : Chase demonstrated a systemic failure to implement proper procedures for handling complex identity theft situations, despite clear regulatory guidance. The FTC 's Furnisher Rule ( 16 C.F.R. 660.4 ) and Interagency Guidelines on Identity Theft ( 12 C.F.R. 222, App. J ) require furnishers to implement reasonable procedures to respond to notifications of identity theft and prevent re-reporting of fraudulent information. Chase 's handling of my case demonstrates a reckless disregard for these requirements. \n\nf ) Inconsistent Communications : The call transcripts ( XXXX, XXXX, XXXX ) document Chase representatives providing contradictory explanations for the Sapphire account closure, demonstrating the absence of a coherent, reasonable investigation process. In XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court held that inconsistent explanations can be evidence of an unreasonable investigation. \n\n2. Violation of FCRA 1681i Failure to Correct or Delete Inaccurate Information : Stemming from its unreasonable investigation, Chase failed its duty under 1681i ( a ) to accurately and timely correct or delete the inaccurate information concerning the Sapphire Account reported to CRAs. Reporting the closure based on a flawed investigation constitutes furnishing inaccurate information. The eventual correction does not absolve Chase of liability for the harm caused during the period of non-compliance. XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXXXXXX ) ( holding that subsequent correction does not eliminate liability for the period of violation ). \n\nAs the XXXX XXXX has held, \" a plaintiff need not show that the inaccurate information was actually used to his detriment to recover actual damages under the FCRA. '' XXXX XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXXXXXX ). The fact that the information was inaccurately reported is sufficient to establish a violation. \n\nThe CFPB complaint responses confirm that Chase eventually accepted both the XXXX and Sapphire accounts as fraudulent and requested deletion from CRAs. However, this belated correction came only after significant damage had occurred, including : a ) A documented credit score drop of nearly XXXX points b ) Inability to secure necessary funding during the critical period c ) Significant financial strain affecting my ability to meet family obligations d ) Extensive time and resources spent attempting to resolve Chase 's errors In XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court recognized that even temporary inaccuracies can cause compensable harm under the FCRA. \n\n3. Violation of Georgia FBPA 10-1-393 ( a ) Unfair or Deceptive Acts or Practices : Chase 's actions constitute \" unfair or deceptive acts or practices in the conduct of consumer transactions, '' prohibited by O.C.G.A. 10-1-393 ( a ). The Georgia FBPA is to be \" liberally construed and applied to promote its underlying purposes and policies, '' which include protecting consumers. O.C.G.A. 10-1-391 ( a ). \n\na ) Unfairness : Closing the valid Sapphire Account based on errors and causing substantial, unavoidable consumer injury ( credit damage, financial hardship, distress ) is patently unfair. Georgia courts have held that practices causing \" substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits '' constitute unfair practices. See XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX App. XXXX, XXXX ( XXXX ). \n\nThe call transcripts ( particularly XXXX and XXXX ) document the substantial burden placed on me as a consumer attempting to resolve Chase 's error. Despite providing all requested documentation and clarification, Chase persisted in maintaining its erroneous position until after significant harm had occurred. In XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX ), the court recognized that forcing consumers to undertake extraordinary efforts to correct a company 's error can constitute an unfair practice. \n\nb ) Deception : Providing conflicting, vague, and inaccurate justifications for the closure ( bank policy vs. fraud linkage vs. consumer statement ) constitutes deceptive practices. See XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) ( FBPA provides broad protection against deceptive practices ). The Georgia Court of Appeals has held that \" a representation is deceptive if it has the capacity or tendency to deceive. '' XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX, XXXX ( XXXX ). \n\nThe XX/XX/XXXX closure letter referenced account ending XXXX ( the XXXX account ) rather than the Sapphire account ( XXXX ), creating confusion about which account was being closed and why. The subsequent explanations provided in calls and CFPB responses shifted from \" bank policy '' to reliance on my own statement made during the confusion Chase created. This pattern of inconsistent, misleading communications meets the standard for deception under Georgia law. XXXX XXXX XXXX XXXX XXXXXXXX XXXX  XXXX, XXXX XXXX XXXX, XXXX ( XXXX ) ( recognizing that misleading communications can constitute deceptive practices ). \n\n4. Willful Noncompliance with FCRA ( 15 U.S.C. 1681n ) : Chase 's conduct rises to the level of willful noncompliance, defined as acting with knowledge or reckless disregard of its statutory duties. XXXX XXXX. XXXX XXXX XXXXXXXX. XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX ). The Supreme Court clarified that willfulness includes not only knowing violations but also reckless disregard of statutory duties. Id. at XXXX. Chase 's reckless disregard is evidenced by : a ) Disregard of Established Legal Requirements : Chase failed to implement procedures adequate to distinguish valid from fraudulent accounts in a known ID theft context, despite clear statutory obligations under 15 U.S.C. 1681s-2 ( b ) and regulatory guidance from the FTC and federal banking regulators. See XXXX XXXX  XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXXXXXX ) ( finding that disregard of \" well-established legal requirements '' can constitute willfulness ). \n\nb ) Persistence Despite Contrary Evidence : Chase persisted with adverse actions based on clearly flawed internal linkages despite receiving contradictory evidence, including the FTC Identity Theft Report ( # XXXX ), XXXX XXXX Police Reports ( # XXXX, # XXXX ), and XXXX dispute results ( # XXXX ). In XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court found willfulness where a furnisher maintained its position despite being presented with clear evidence contradicting its reporting. \n\nc ) Systemic Failure in Identity Theft Handling : The call transcripts reveal Chase 's systemic failure to handle complex mixed-file/ID theft disputes reasonably, indicating a reckless disregard for the accuracy required by FCRA. See XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) ( finding willfulness where defendant 's procedures were objectively unreasonable in light of legal requirements ). \n\nd ) Post-Hoc Rationalization : Chase 's shifting justifications for the Sapphire account closure, culminating in seizing upon my statement made during the confusion Chase created, demonstrates a bad faith approach to compliance. In XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXXXXXX ), the court found that post-hoc rationalizations for FCRA violations can support a finding of willfulness. \n\nComprehensive Analysis of Potential Counterarguments : 1. \" We followed internal bank policy regarding fraud. '' Rebuttal : Internal policy does not preempt federal law. The FCRA mandates a reasonable investigation specific to the disputed information. A policy that leads to the closure of valid accounts based on unrelated fraud or fails to account for documented identity theft contexts is inherently unreasonable and violates FCRA 1681s-2 ( b ). \n\nMultiple courts have rejected this defense : In Seamans v. XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXXXXXX ), the court held that \" following standard procedures could still be negligent if the procedures themselves are unreasonable. '' In XXXX v. XXXX XXXXXXXX XXXX XXXXXXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXXXXXX ), the court rejected the argument that merely confirming information in internal records satisfied the \" reasonable investigation '' requirement. \nIn XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court emphasized that \" a company 's internal procedures do not immunize it from FCRA liability. '' The documented confusion between accounts ( XXXX vs. XXXX ) in the call transcripts demonstrates that Chase 's internal policies failed to properly distinguish between legitimate and fraudulent accounts in an identity theft context. The XX/XX/XXXX closure letter referencing account XXXX rather than the Sapphire account ( XXXX ) further evidences this confusion. \n\nChase can not shield itself from liability by citing flawed internal procedures. The XXXX XXXX has specifically held that \" a reasonable investigation is one that a reasonably prudent person would undertake under the circumstances. '' XXXX XXXX XXXX XXXX XXXX XXXXXXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX  XXXX ). Chase 's investigation failed this standard. \n\n2. \" The consumer 's own statement on XX/XX/XXXX, confirmed the Sapphire account was fraudulent. '' Rebuttal : This is a misleading post-hoc rationalization that fails for multiple legal reasons : ( XXXX ) XXXX 's improper closure process was already underway before this statement, as evidenced by the XX/XX/XXXX closure letter, establishing that the statement was not the actual basis for XXXX 's actions. Courts have rejected such after-the-fact justifications. See XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) ( rejecting post-hoc rationalizations for FCRA violations ). \n\n( 2 ) The statement was made amidst significant confusion created by Chase 's mishandling and inconsistent communication, as documented in the call transcripts ( XXXX, XXXX ). Under established principles of consumer protection law, statements made under circumstances of confusion or duress are not reliable bases for adverse action. See XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) ( emphasizing the importance of evaluating consumer statements in their full context ). \n\n( 3 ) FCRA requires evaluation of all relevant information ; cherry-picking one statement while ignoring prior documentation, context, and direct clarifications ( Ref : Call Transcript XXXX pt XXXX ) is unreasonable. In XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXX ), the court held that a furnisher must consider \" all relevant information '' provided by the consumer. \n\n( 4 ) The statement was promptly clarified once the confusion was partially resolved in executive calls, as documented in the XXXX transcript. Courts have recognized that consumers have the right to clarify ambiguous statements. XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX  XXXX ) ( emphasizing the importance of considering consumer clarifications ). \n\nRelying on this statement as the definitive basis for closure after the fact demonstrates bad faith, which courts have found can support enhanced damages. See XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) ( affirming punitive damages where defendant acted in bad faith ). \n\n3. \" We ultimately accepted the accounts as fraud and requested deletion from CRAs. '' Rebuttal : This late correction does not absolve Chase of liability for the significant damages incurred during the period of non-compliance. The unreasonable investigation and improper handling caused substantial harm ( credit score drop, emotional distress, lost opportunities ) before the eventual, delayed correction. \n\nMultiple courts have established that liability attaches for the period of the violation : In XXXX XXXX  XXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXXXXXX ), the court held that \" liability exists even if inaccuracy is eventually corrected. '' In XXXX XXXX XXXXXXXX XXXX. XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXXXXXX ), the court recognized that damages accrue during the period of non-compliance, regardless of later correction. \nIn XXXX XXXX XXXXXXXX XXXX. XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXX ), the court held that \" subsequent corrections do not eliminate the furnisher 's liability for the period during which the inaccurate information remained on a credit report. '' The CFPB complaint responses confirm that Chase eventually accepted both accounts as fraudulent, but only after months of improper handling and after significant harm had occurred. This belated correction actually serves as an admission that Chase 's initial investigation and handling were flawed. In XXXX XXXX XXXX XXXX XXXX  XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXXXXXX ), the court recognized that eventual correction can serve as evidence that earlier investigations were inadequate. \n\n4. \" The consumer 's claimed damages are speculative. '' Rebuttal : The damages are concrete, documented, and supported by extensive evidence, meeting the standards established in multiple precedential cases : a ) Credit Score Impact : The nearly XXXX credit score drop is an objective, quantifiable metric of harm, recognized as compensable in XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX, XXXX ( XXXX XXXXXXXX XXXX ) ( acknowledging credit score drops as actual damages ). This drop is documented in credit reports before and after Chase 's improper actions. \n\nb ) Emotional Distress : The extensive call transcripts ( XXXX, XXXX, XXXX ) and CFPB filings document the severe emotional distress caused by Chase 's actions. Courts routinely award substantial damages for emotional distress under FCRA : In XXXXXXXX XXXX  XXXX XXXX. XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX  XXXX ), the court upheld a {$150000.00} emotional distress award under FCRA. \nIn XXXX XXXX. XXXX  XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court affirmed significant emotional distress damages. \nIn XXXX v. XXXX XXXX, XXXX XXXX XXXX XXXX XXXX. XXXX XXXX, XXXX ( XXXXXXXX XXXX XXXX ), the court upheld a {$250000.00} emotional distress award. \nc ) Lost Opportunities : The inability to secure funding during the period of Chase 's non-compliance is a concrete economic harm. In XXXX XXXX. XXXX XXXX. XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXXXXXX ), the court recognized that \" loss of credit opportunities '' constitutes actual damages under the FCRA. \n\nd ) Time and Resources : The extensive time spent attempting to resolve Chase 's errors ( documented in call transcripts totaling over 15 hours ) constitutes compensable damages. In XXXX XXXX  XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX, XXXX ( XXXX XXXX XXXX ), a Georgia federal court recognized that time spent attempting to resolve credit reporting errors is compensable. \n\nThe XXXX XXXX has specifically recognized that \" a plaintiff need not show that the inaccurate information was actually used to his detriment to recover actual damages under the FCRA. '' XXXX XXXX XXXXXXXX XXXX. XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXXXXXX ). While specific outcomes vary, the potential for significant damages based on Chase 's conduct is well-established in case law.\n\n5. \" This dispute is subject to the Cardmember Agreement 's arbitration clause. '' Rebuttal : While acknowledging the arbitration clause in the Cardmember Agreement, it is a procedural mechanism, not a defense to the substantive violations outlined herein. The Supreme Court has recognized that arbitration agreements are generally enforceable under the Federal Arbitration Act. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX ). However : a ) Procedural vs. Substantive Rights : The existence of an arbitration clause does not diminish the severity of Chase 's legal violations or the compensation owed. In XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX ), the Court clarified that arbitration agreements affect the forum, not substantive rights. \n\nb ) Preparedness for Arbitration : Should Chase invoke this clause and compel arbitration, I am fully prepared to pursue these claims vigorously in that forum, seeking the same full measure of damages. Arbitrators have awarded significant damages in FCRA cases. See, e.g., XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXX ) ( noting arbitration awards in FCRA cases ). \n\nc ) Potential Unenforceability : Courts have invalidated arbitration clauses in certain consumer contexts where they effectively prevent vindication of statutory rights. See XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX ) ( acknowledging the \" effective vindication '' exception ). Given the documented pattern of Chase 's conduct, there may be grounds to challenge the enforceability of the arbitration clause in this specific context.\n\nd ) Applicability to Fraudulent Accounts : The arbitration clause may not apply to accounts that Chase has now acknowledged as fraudulent. In XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ), the court recognized limitations on the applicability of arbitration clauses to disputed accounts. \n\n6. \" The consumer failed to mitigate damages. '' Rebuttal : The extensive documentation demonstrates my diligent efforts to mitigate damages through every available channel : a ) Prompt Dispute Initiation : I promptly disputed the fraudulent inquiries with XXXX ( resolved by XX/XX/XXXX, Ref : # XXXX ), demonstrating diligence in addressing identity theft issues. \n\nb ) Extensive Communication Attempts : The call transcripts ( XXXX, XXXX, XXXX ) document over 15 hours of calls attempting to resolve Chase 's errors, including escalation to supervisors and the executive office.\n\nc ) Multiple CFPB Complaints : I filed multiple CFPB complaints ( Ref : Complaint Nos. XXXX, XXXX, XXXX, XXXX ) in an effort to resolve the issues through regulatory channels. \n\nd ) Comprehensive Documentation : I provided comprehensive documentation, including the FTC Identity Theft Report ( # XXXX ) and XXXX XXXX Police Reports ( # XXXX, # XXXX ), to assist Chase in properly investigating the matter. \n\nCourts have recognized that consumers are not required to undertake extraordinary measures to mitigate damages caused by a furnisher 's FCRA violations. See XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXXXXXX ) ( rejecting argument that consumer failed to mitigate damages where she took reasonable steps to address the issue ). The documented efforts here far exceed what courts have considered reasonable mitigation efforts. \n\nDamages and Demand : Chase 's violations of FCRA and FBPA have directly caused : 1. Actual Economic Damages : {$85000.00} This amount encompasses : a ) Credit Score Impact : The documented XXXX credit score drop has concrete economic value. In XXXX XXXXXXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX. XXXX XXXX, XXXX ( XXXX XXXXXXXX XXXX ), the court recognized that credit score drops constitute actual damages. Credit scoring experts typically value each point of a FICO score at approximately {$500.00} in lifetime borrowing costs, supporting a valuation of {$50000.00} for this component alone. \n\nb ) Lost Credit Opportunities : The inability to secure necessary funding during the critical period has caused cascading financial impacts. In XXXX XXXX  XXXX XXXX. XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXXXXXX ), the court recognized \" loss of credit opportunities '' as compensable damages. \n\nc ) Time and Resources : Over 15 hours of documented phone calls, plus time spent preparing CFPB complaints, gathering documentation, and addressing the financial fallout. In King v. XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX, XXXX ( XXXX XXXX XXXX ), a Georgia federal court recognized that time spent attempting to resolve credit reporting errors is compensable.\n\n2. Actual Emotional Distress Damages : {$250000.00} This amount reflects the documented severity and duration of anxiety, stress, and hardship caused by Chase 's actions against a known","date_sent_to_company":"2025-04-02T07:30:11.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"30032","tags":null,"has_narrative":true,"complaint_id":"12769499","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2025-04-02T07:14:19.000Z","state":"GA","company_public_response":null,"sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["The call transcripts ( particularly XXXX and XXXX ) document the substantial burden placed on me as a consumer attempting to resolve Chase 's <em>error</em>. Despite <em>providing</em> all requested documentation and clarification, Chase persisted in maintaining its erroneous position until after significant harm had occurred."]},"sort":[6.8143673,"12769499"]},{"_index":"complaint-public-v1","_id":"8952517","_score":6.275782,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XX/XX/XXXX XXXX [ XXXX XXXX XXXX XXXX XXXX, TX XXXX ] [ XXXX XXXX XXXX XXXX XXXX po box XXXX XXXX, PA XXXX ] The following accounts have violated my federally protected consumer rights to privacy and confidentiality under XXXX5 USC 1681. \n\nAccount name : PDQ Services Inc. Account # XXXX I am needing urgent help from a live agent to assist with this matter regarding the violation to the USA LAW FIAR CREDIT USE.\n\n15 USC 1681 Section 602 A. States I have the right to privacy.\n\n15 USC 1681 Section 604 A Section 2 : It is also states that consumer reporting agency can not furninish an account without my written instruction.\n\nPlease see all laws below for this matter.\n\n1.1.1 1681s2. Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.\n\n( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.\n\n( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address.\n\n( D ) Definition For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information.\n\n( 2 ) Duty to correct and update information A person who ( A ) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person 's transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate. \n( XXXX ) Duty to provide notice of dispute If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.\n\n( 4 ) Duty to provide notice of closed accounts A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed.\n\n( 5 ) Duty to provide notice of delinquency of accounts ( A ) In general A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action.\n\n( B ) Rule of construction For purposes of this paragraph only, and provided that the consumer does not dispute the information, a person that furnishes information on a delinquent account that is placed for collection, charged for profit or loss, or subjected to any similar action, complies with this paragraph, if ( i ) the person reports the same date of delinquency as that provided by the creditor to which the account was owed at the time at which the commencement of the delinquency occurred, if the creditor previously reported that date of delinquency to a consumer reporting agency ; ( ii ) the creditor did not previously report the date of delinquency to a consumer reporting agency, and the person establishes and follows reasonable procedures to obtain the date of delinquency from the creditor or another reliable source and reports that date to a consumer reporting agency as the date of delinquency ; or ( iii ) the creditor did not previously report the date of delinquency to a consumer reporting agency and the date of delinquency can not be reasonably obtained as provided in clause ( ii ), the person establishes and follows reasonable procedures to ensure the date reported as the date of delinquency precedes the date on which the account is placed for collection, charged to profit or loss, or subjected to any similar action, and reports such date to the credit reporting agency.\n\n( 6 ) Duties of furnishers upon notice of identity theft-related information ( A ) Reasonable procedures A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 1681c2 of this title relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information.\n\n( B ) Information alleged to result from identity theft If a consumer submits an identity theft report to a person who furnishes information to a consumer reporting agency at the address specified by that person for receiving such reports stating that information maintained by such person that purports to relate to the consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to any consumer reporting agency, unless the person subsequently knows or is informed by the consumer that the information is correct. \n( 7 ) Negative information ( A ) Notice to consumer required ( i ) In general If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 1681a ( p ) of this title furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer.\n\n( ii ) Notice effective for subsequent submissions After providing such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 1681a ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer. \n( B ) Time of notice ( i ) In general The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 1681a ( p ) of this title.\n\n( ii ) Coordination with new account disclosures If the notice is provided to the customer prior to furnishing the negative information to a consumer reporting agency, the notice may not be included in the initial disclosures provided under section 1637 ( a ) of this title.\n\n( C ) Coordination with other disclosures The notice required under subparagraph ( A ) ( i ) may be included on or with any notice of default, any billing statement, or any other materials provided to the customer; and ( ii ) must be clear and conspicuous. \n( D ) Model disclosure ( i ) Duty of Bureau The Bureau shall prescribe a brief model disclosure that a financial institution may use to comply with subparagraph ( A ), which shall not exceed 30 words. \n( ii ) Use of model not required No provision of this paragraph may be construed to require a financial institution to use any such model form prescribed by the Bureau. \n( iii ) Compliance using model A financial institution shall be deemed to be in compliance with subparagraph ( A ) if the financial institution uses any model form prescribed by the Bureau under this subparagraph, or the financial institution uses any such model form and rearranges its format.\n\n( E ) Use of notice without submitting negative information No provision of this paragraph shall be construed as requiring a financial institution that has provided a customer with a notice described in subparagraph ( A ) to furnish negative information about the customer to a consumer reporting agency. \n( F ) Safe harbor A financial institution shall not be liable for failure to perform the duties required by this paragraph if, at the time of the failure, the financial institution maintained reasonable policies and procedures to comply with this paragraph or the financial institution reasonably believed that the institution is prohibited, by law, from contacting the consumer. \n( G ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Negative information The term negative information means information concerning a customer 's delinquencies, late payments, insolvency, or any form of default. \n( ii ) Customer ; financial institution The terms customer and financial institution have the same meanings as in section 6809 of this title.\n\n( 8 ) Ability of consumer to dispute information directly with furnisher ( A ) In general The Bureau, in consultation with the Federal Trade Commission, the Federal banking agencies, and the National Credit Union Administration, shall prescribe regulations that shall identify the circumstances under which a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer. \n( B ) Considerations In prescribing regulations under subparagraph ( A ), the agencies shall weigh ( i ) the benefits to consumers with the costs on furnishers and the credit reporting system ; ( ii ) the impact on the overall accuracy and integrity of consumer reports of any such requirements ; ( iii ) whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute ; and ( iv ) the potential impact on the credit reporting process if credit repair organizations, as defined in section 1679a ( 3 ) of this title, including entities that would be a credit repair organization, but for section 1679a ( 3 ) ( B ) ( i ) of this title, are able to circumvent the prohibition in subparagraph ( G ). \n( C ) Applicability Subparagraphs ( D ) through ( G ) shall apply in any circumstance identified under the regulations promulgated under subparagraph ( A ). \n( D ) Submitting a notice of dispute A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that ( i ) identifies the specific information that is being disputed ; ( ii ) explains the basis for the dispute; and ( iii ) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute. \n( E ) Duty of person after receiving notice of dispute After receiving a notice of dispute from a consumer pursuant to subparagraph ( D ), the person that provided the information in dispute to a consumer reporting agency shall ( i ) conduct an investigation with respect to the disputed information ; ( ii ) review all relevant information provided by the consumer with the notice ; ( iii ) complete such person 's investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and ( iv ) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate. \n( F ) Frivolous or irrelevant dispute ( i ) In general This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including ( I ) by reason of the failure of a consumer to provide sufficient information to investigate the disputed information ; or ( II ) the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection ( b ) of this section, with respect to which the person has already performed the person 's duties under this paragraph or subsection ( b ) of this section, as applicable. \n( ii ) Notice of determination Upon making any determination under clause ( i ) that a dispute is frivolous or irrelevant, the person shall notify the consumer of such determination not later than XXXX business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the person. \n( iii ) Contents of notice A notice under clause ( XXXX ) shall include ( I ) the reasons for the determination under clause ( i ) ; and ( II ) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information.\n\n( G ) Exclusion of credit repair organizations This paragraph shall not apply if the notice of the dispute is submitted by, is prepared on behalf of the consumer by, or is submitted on a form supplied to the consumer by, a credit repair organization, as defined in section 1679a ( 3 ) of this title, or an entity that would be a credit repair organization, but for section 1679a ( 3 ) ( B ) ( i ) of this title. \n( XXXX ) Duty to provide notice of status as medical information furnisher A person whose primary business is providing medical services, products, or devices, or the person 's agent or assignee, who furnishes information to a consumer reporting agency on a consumer shall be considered a medical information furnisher for purposes of this subchapter, and shall notify the agency of such status.\n\n( b ) Duties of furnishers of information upon notice of dispute ( 1 ) In general After receiving notice pursuant to section 1681i ( a ) ( 2 ) of this title of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall ( A ) conduct an investigation with respect to the disputed information ; ( B ) review all relevant information provided by the consumer reporting agency pursuant to section XXXX681i ( a ) ( 2 ) of this title ; ( C ) report the results of the investigation to the consumer reporting agency ; ( D ) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis ; and ( XXXX ) if an item of information disputed by a consumer is found to be inaccurate or incomplete or can not be verified after any reinvestigation under paragraph ( 1 ), for purposes of reporting to a consumer reporting agency only, as appropriate, based on the results of the reinvestigation promptly ( i ) modify that item of information ; ( ii ) delete that item of information ; or ( iii ) permanently block the reporting of that item of information.\n\n( 2 ) Deadline A person shall complete all investigations, reviews, and reports required under paragraph ( 1 ) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which the consumer reporting agency is required to complete actions required by that section regarding that information. \n( c ) Limitation on liability Except as provided in section 1681s ( c ) ( 1 ) ( B ) of this title, sections 1681n and 1681o of this title do not apply to any violation of ( 1 ) subsection ( a ) of this section, including any regulations issued thereunder ; ( 2 ) subsection ( XXXX ) of this section, except that nothing in this paragraph shall limit, expand, or otherwise affect liability under section 1681n or 1681o of this title, as applicable, for violations of subsection ( b ) of this section; or ( 3 ) subsection ( e ) of section 1681m of this title. \n( d ) Limitation on enforcement The provisions of law described in paragraphs ( 1 ) through ( 3 ) of subsection ( c ) of this section ( other than with respect to the exception described in paragraph ( 2 ) of subsection ( c ) of this section ) shall be enforced exclusively as provided under section 1681s of this title by the Federal agencies and officials and the State officials identified in section 1681s of this title. \n( e ) Accuracy guidelines and regulations required ( 1 ) Guidelines The Bureau shall, with respect to persons or entities that are subject to the enforcement authority of the Bureau under section 1681s of this title ( A ) establish and maintain guidelines for use by each person that furnishes information to a consumer reporting agency regarding the accuracy and integrity of the information relating to consumers that such entities furnish to consumer reporting agencies, and update such guidelines as often as necessary ; and ( B ) prescribe regulations requiring each person that furnishes information to a consumer reporting agency to establish reasonable policies and procedures for implementing the guidelines established pursuant to subparagraph ( A ). \n( 2 ) Criteria In developing the guidelines required by paragraph ( 1 ) ( A ), the Bureau shall ( A ) identify patterns, practices, and specific forms of activity that can compromise the accuracy and integrity of information furnished to consumer reporting agencies ; ( B ) review the methods ( including technological means ) used to furnish information relating to consumers to consumer reporting agencies ; ( C ) determine whether persons that furnish information to consumer reporting agencies maintain and enforce policies to ensure the accuracy and integrity of information furnished to consumer reporting agencies ; and ( D ) examine the policies and processes that persons that furnish information to consumer reporting agencies employ to conduct reinvestigations and correct inaccurate information relating to consumers that has been furnished to consumer reporting agencies. \n( Pub. L. 90321, title VI, 623, as added Pub. L. 104208, div. A, title II, 2413 ( a ) ( 2 ), Sept. 30, 1996, 110 Stat. 3009447 ; amended Pub. L. 108159, title I, 154 ( a ), title II, 217 ( a ), title III, 312 ( a ) ( e ) ( 1 ), 314 ( b ), title IV, 412 ( a ), Dec. 4, 2003, 117 Stat. 1966, 1986, 19891993, 1995, 2002 ; Pub. L. 111203, title X, 1088 ( a ) ( 2 ) ( D ), ( 11 ), July 21, 2010, 124 Stat. 2087, 2090. ) PRIOR PROVISIONS A prior section 623 of Pub. L. 90321 was renumbered section 625 and is classified to section 1681t of this title.\n\nAMENDMENTS 2010Subsec. ( a ) ( 7 ) ( D ). Pub. L. 111203, 1088 ( a ) ( 11 ) ( A ), added subpar. ( D ) and struck out former subpar. ( D ) which related to duty of Board to prescribe a model disclosure.\n\nSubsec. ( a ) ( 8 ) ( A ). Pub. L. 111203, 1088 ( a ) ( 11 ) ( B ), which directed amendment of subpar. ( A ) by inserting, in consultation with the Federal Trade Commission, the Federal banking agencies, and the National Credit Union Administration, before shall jointly, was executed by making the insertion before shall prescribe, to reflect the probable intent of Congress and the amendment by Pub. L. 111203, 1088 ( a ) ( 2 ) ( D ). See below. \nPub. L. 111203, 1088 ( a ) ( 2 ) ( D ), substituted The Bureau shall for The Federal banking agencies, the National Credit Union Administration, and the Commission shall jointly.\n\nSubsec. ( e ). Pub. L. 111203, 1088 ( a ) ( 11 ) ( C ), added subsec. ( e ) and struck out former subsec. ( e ) which related to establishment and maintenance of accuracy guidelines and prescription of implementing regulations by the Federal banking agencies, the National Credit Union Administration, and the Commission.\n\n2003Subsec. ( a ) ( 1 ) ( A ). Pub. L. 108159, 312 ( b ) ( 1 ), substituted knows or has reasonable cause to believe that the information is inaccurate for knows or consciously avoids knowing that the information is inaccurate.\n\nSubsec. ( a ) ( 1 ) ( D ). Pub. L. 108159, 312 ( b ) ( 2 ), added subpar. ( D ).\n\nSubsec. ( a ) ( 5 ). Pub. L. 108159, 312 ( d ), designated existing provisions as subpar. ( A ), inserted heading, inserted date of delinquency on the account, which shall be the before month and on the account before that immediately preceded, and added subpar. ( B ).\n\nSubsec. ( a ) ( 6 ). Pub. L. 108159, 154 ( a ), added par. ( 6 ).\n\nSubsec. ( a ) ( 7 ). Pub. L. 108159, 217 ( a ), added par. ( 7 ).\n\nSubsec. ( a ) ( 8 ). Pub. L. 108159, 312 ( c ), added par. ( 8 ).\n\nSubsec. ( a ) ( 9 ). Pub. L. 108159, 412 ( a ), added par. ( 9 ).\n\nSubsec. ( b ) ( 1 ) ( E ). Pub. L. 108159, 314 ( b ), added subpar. ( E ).\n\nSubsec. ( c ). Pub. L. 108159, 312 ( e ) ( 1 ), added subsec. ( c ) and struck out heading and text of former subsec. ( c ). Text read as follows : Sections 1681n and 1681o of this title do not apply to any failure to comply with subsection ( a ) of this section, except as provided in section 1681s ( c ) ( 1 ) ( B ) of this title.\n\nSubsec. ( d ). Pub. L. 108159, 312 ( e ) ( 1 ), added subsec. ( d ) and struck out heading and text of former subsec. ( d ). Text read as follows : Subsection ( a ) of this section shall be enforced exclusively under section 1681s of this title by the Federal agencies and officials and the State officials identified in that section. Subsec. ( e ). Pub. L. 108159, 312 ( a ), added subsec. (\ne ).","date_sent_to_company":"2024-05-07T20:21:32.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"30035","tags":null,"has_narrative":true,"complaint_id":"8952517","timely":"No","company_response":"Closed with explanation","submitted_via":"Web","company":"PDQ Services, Inc.","date_received":"2024-05-07T20:03:35.000Z","state":"GA","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["( ii ) Notice <em>effective</em> for subsequent submissions After <em>providing</em> such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 1681a ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without <em>providing</em> additional notice to the customer."]},"sort":[6.275782,"8952517"]},{"_index":"complaint-public-v1","_id":"15971197","_score":6.1112995,"_source":{"product":"Debt or credit management","complaint_what_happened":"Company : Nelnet ( servicer ) on behalf of the U.S. Department of Education ( ED ). \nIm XXXX XXXX. Nelnet has delayed and obstructed basic servicing on my federal student loansincluding providing a full account history, written explanations, and timely answers. Nelnet demanded sensitive PII by email to verify but failed to proceed meaningfully after I responded, and I still dont have a complete accounting, status clarity, or assurance of accurate credit reporting. Im requesting : ( 1 ) a complete account reconstruction ( all loans, balances, interest, capitalization, payment allocation ), ( 2 ) confirmation of current repayment status and any forbearance/deferment or IDR eligibility, ( 3 ) correction/removal of any inaccurate credit reporting, and ( 4 ) a secure channel and single point of contact. ED is the creditor and ultimately responsible for servicer compliance. Please compel Nelnet/ED to provide records, correct errors, and confirm compliance. \n\n\n-- - 2 ) Full Narrative ( detailed ) Who I am & accounts : I am XXXX XXXX, borrower on federal student loans owned by the U.S. Department of Education and serviced by Nelnet. I contacted Nelnet to obtain a complete, written accounting of my loans and to resolve servicing questions ( status, balances, capitalization, payment allocation, and any credit reporting ). \n\nWhat happened : Nelnet replied requesting SSN/account/DOB for privacy verification, directing me to email XXXX. I understand privacy verification is required ; however, after supplying the requested details through their process/portal ( or offering to use a secure channel ), I have not received the complete, itemized account history or timely, substantive answers. \n\nI still lack : A full transaction ledger ( origination, disbursements, consolidations if any, payment history, interest accrual by date/rate, capitalization events, current principal/interest breakdown ). \n\nA clear statement of current status ( in repayment, deferment/forbearance, or administrative hold ) and the legal basis and dates for any status changes. \n\nWritten confirmation of IDR/PSLF eligibility or why those options are not being applied ( if applicable ). \n\nAssurance that credit reporting ( if any ) is accurate and up to date and that no adverse data was furnished while my requests were pending. \n\n\nBottom line : I have repeatedly asked for timely, accurate, and complete information about my federal loans, and Nelnet has not provided a compliant response or the full documentation needed to verify accuracy. \n\n\nWhy this is a problem : Federal student-loan servicers must provide timely and accurate information, maintain complete records, and respond to borrower inquiries with clear, written explanations and supporting documents. \n\nIf any information was furnished to consumer reporting agencies, the FCRA requires accuracy and prompt correction of disputed information. \n\nAs EDs contracted servicer, Nelnets failures ultimately reflect on ED ; consumers should not be bounced between entities. \n\n\nHarm : Ongoing uncertainty about balances and status ; risk of misapplied payments or improper capitalization ; potential credit harm if inaccurate data was reported ; and time and effort chasing basic records. I need a complete, authoritative accounting and corrections where applicable. \n\n\n\n-- - 3 ) Requested Relief ( be explicit ) I request that the CFPB require Nelnet and ED to : 1. Produce a complete account reconstruction ( XXXX XXXX XXXX ) showing, for each loan : origination/disbursement, interest rates by period, daily interest accrual, capitalization events ( date/amount/cause ), payment allocation by date ( to principal/interest/fees ), current principal vs. interest, outstanding balance, and current repayment status. \n\n\n2. Provide written explanations for any deferment/forbearance/administrative holds ( with start/end dates and authority ) and confirm current repayment plan.\n\n3. Review and document IDR eligibility ( and PSLF, if applicable ), identify the best available plan, and implement it upon my election, with back-dated corrections if I was improperly steered or delayed.\n\n4. Audit and correct any credit reporting tied to these loans ; delete or adjust any inaccurate late/missed payment entries ; and furnish me written proof of all changes sent to CRAs.\n\n5. Provide a secure communications channel ( portal or encrypted method ) and assign a single point of contact with direct phone/email to resolve open items.\n\n6. Confirm all fees/charges assessed are lawful and reverse any improper amounts ; provide a waiver/credit if delays or errors were on the servicers side.\n\n7. Deliver all requested records within 30 days and a final, plain-English summary confirming that my account is accurate and in the correct status going forward.\n\n-- - 4 ) CFPB Form Selections ( what to pick ) Product : Student loan Loan type : Federal student loan Issue : Trouble with how the loan is being serviced ( e.g., Incorrect information on account / Trouble getting information / Problems when you asked to get help ) pick the closest available options Company : Nelnet ( servicer ) Mention creditor/owner in narrative : U.S. Department of Education Resolution sought : Records production ; corrected accounting ; corrected credit reporting ; clear status/plan ; secure contact ; reversal of improper charges Submitter : I am the consumer Consent to share with company : Yes ( to enable Nelnet/ED to respond ) -- - 5 ) Evidence Checklist ( attach what you can ) Nelnets email asking for verification and your reply/submission ( screenshots or XXXX ) Any Nelnet statements/letters/secure messages showing status, balances, rates, or plan Any credit report pages showing tradelines/late marks related to these loans A timeline of your contacts ( dates you wrote/called ; what you asked for ; what they sent or failed to send ) Your IDR/PSLF inquiries ( if applicable ) and any confirmations/denials Any proof of payment misapplication or unexplained capitalization Your contact info ( entered only in the portal fields ) -- - 6 ) One-paragraph version ( if the form forces brevity ) Nelnet ( for U.S. Dept. of Education ) has not provided a complete, timely accounting of my federal student loans despite multiple requests. I still lack a full transaction history, capitalization details, payment allocation, and clear current status/plan. I also need confirmation/correction of any credit reporting. Please compel Nelnet/ED to ( 1 ) provide a full account reconstruction ( XXXX  ), ( 2 ) explain any forbearance/holds and confirm my current plan/IDR eligibility, ( 3 ) correct any inaccurate credit reporting and confirm updates to CRAs, ( 4 ) reverse any improper charges, and ( 5 ) assign a secure channel and single point of contact. I want a final, clear summary within 30 days confirming my accounts are accurate and in the correct status. \n\n\nCompany : Nelnet ( servicer ) for the U.S. Department of Education. \nI am XXXX XXXX. Federal student loans were fraudulently taken out in 2009 without my consent. I have disputed this repeatedly with Nelnet and other parties for years, yet Nelnet continues to treat me as liable and allows interest to accumulate. Despite my requests, I have not received a full account reconstruction, documentation proving my consent, or correction of records. This debt is not legally mine. I request : ( 1 ) proof of consent or promissory notes, ( 2 ) immediate release of liability, ( 3 ) removal of all adverse credit reporting, and ( 4 ) refund/waiver of all amounts falsely charged. \n\n\n-- - XXXX ) Full Narrative Who I am : I am XXXX XXXX, listed as a borrower on federal student loans serviced by Nelnet on behalf of the U.S. Department of Education ( ED ).\n\nWhat happened : Student loans were taken out in XXXX without my knowledge or consent. I did not sign the Master Promissory Note ( MPN ) or authorize disbursement. I have raised this dispute with Nelnet and other third parties for years. \n\nDespite repeated complaints, Nelnet continues to treat me as legally liable, allowing interest to accumulate for over a decade on loans that were not lawfully originated. \n\nNelnet has not provided copies of signed notes, disbursement authorizations, or other documentary proof tying me to the loans. \n\nInstead, I receive form letters demanding repayment or directing me into repayment plans, which presuppose liability that I dispute. \n\nThis has caused long-term financial harm, damaged my credit, and created barriers to my career and candidacy for public office. \n\n\nWhy this is a problem : No lender or servicer may lawfully collect on a debt without proof of consent. \n\nUnder the Higher Education Act and ED servicing contracts, Nelnet is required to maintain and provide loan origination documents ( e.g., signed MPN ).\n\nContinuing to assess and capitalize interest on loans taken without consent violates basic contract principles, as well as consumer protection law. \n\nIf credit reporting has occurred, this may also violate the Fair Credit Reporting Act ( FCRA ). \n\nI have a right under the Fair Debt Collection Practices Act ( FDCPA ) ( if applicable ) to request verification and to not be held liable for debts I did not incur. \n\n\nHarm suffered : More than a decade of accrued, compounding interest on a fraudulent debt. \n\nCredit damage from adverse tradelines. \n\nRepeated stress, wasted time, and financial barriers from a debt I do not legally owe. \n\n\n\n-- - 3 ) Requested Relief I request that the CFPB compel Nelnet and ED to : 1. Produce original signed documentation ( Master Promissory Note, disbursement records, consent forms ). If no such documents exist, immediately acknowledge the loans were not authorized.\n\n2. Release me from all liability and update all records accordingly.\n\n3. Cease interest accrual and remove all accumulated amounts tied to these unauthorized loans.\n\n4. Correct credit reporting delete all tradelines and adverse marks tied to these fraudulent loans.\n\n5. Refund or credit any amounts collected based on this debt.\n\n6. Provide a written statement from ED confirming that I am not legally responsible for these loans.\n\n7. Establish a secure communications channel and assign a single point of contact to resolve this matter.\n\n-- - 4 ) CFPB Form Selections Product : Student loan Loan type : Federal student loan Issue : Loan was taken out without my consent / incorrect information on account / problems with dispute resolution Company : Nelnet ( servicer ) Mention creditor : U.S. Department of Education ( ED ) Resolution sought : Release of liability, deletion of tradelines, refund/waiver of all amounts, proof of origination documents Submitter : I am the consumer -- - 5 ) Evidence Checklist Copies of all prior disputes you sent to Nelnet/ED. \n\nAny Nelnet responses ( especially form letters that ignore your liability dispute ). \n\nCredit report showing adverse tradelines tied to these loans. \n\nDocumentation showing lack of consent ( no signed MPN, no disbursement authorization ). \n\nA timeline of your disputes ( XXXX ). \n\nCourses of Action ( XXXX ) A. Loan Origination & Consent Verification ( XXXX ) 1. Produce the original Master Promissory Note ( MPN ) signed in XXXX ( if any ). \n\n\n2. Provide a copy of any consent form authorizing disbursements from that year.\n\n3. Identify the disbursing institution and verify whether it followed required ED procedures.\n\n4. Verify my identity was confirmed when the loan was originated.\n\n5. Provide all records of communication in 2009 related to the loan origination.\n\n6. Produce any affidavits or declarations attesting that I consented.\n\n7. Provide documentation of loan counseling ( if required ) that I allegedly received.\n\n8. Show evidence of how the lender verified that the address and SSN were correct.\n\n9. Produce a signature sample comparison ( if signature exists ).\n\n10. Identify any witnesses to the signing or issuance of the loan.\n\n11. Provide copies of all notices required by law at origination ( e.g., borrower rights, repayment options ).\n\n12. Show whether any power of attorney or guardianship was used.\n\n13. Provide copies of all disbursement schedules tied to the loans.\n\n14. Provide all promissory note amendments or consolidations.\n\n15. Identify any consolidation loans into which these loans may have been rolled.\n\n16. Provide a timeline of all disbursements, interest accrual, and capitalization events.\n\n17. Confirm whether the origination complied with HEA ( Higher Education Act ) requirements.\n\n18. Provide any state law disclosures required in 2009.\n\n19. Prove chain of title if the loan was sold or transferred.\n\n20. Confirm no fraudulent signatures or identity theft investigations were performed.\n\nB. Full Account Reconstruction ( XXXX ) XXXX. Produce a detailed transaction ledger from 2009 to present. \n\n\n22. Show interest rates in effect over time, by period.\n\n23. Record all payments madeprincipal, interest, feeswith date allocation.\n\n24. Show all capitalization events ( when interest was added to principal ), with dates and amounts.\n\n25. Provide an amortization schedule or calculation.\n\n26. Compute daily interest accrual.\n\n27. Provide calculations showing what I would have owed if no interest accrued ( hypothetical ).\n\n28. Show what my balance would be under each possible repayment plan.\n\n29. Provide all notices of delinquency or default sent to me.\n\n30. Show any subsidies or deferments applied.\n\n31. Provide records of any forbearance or suspension.\n\n32. Provide records of any administrative holds.\n\n33. Provide records of any refund or credit.\n\n34. Provide statements/emails showing required disclosure of fees.\n\n35. Provide all correspondence about loan status.\n\n36. Provide breakdown of fees charged ( origination, late, default, collection ).\n\n37. Provide payment allocation method used ( toward interest vs. principal ).\n\n38. Provide proof of proper disclosures under federal law.\n\n39. Provide my current balance : principal, interest, fees, capitalized amounts.\n\n40. Show whether any payments were misapplied.\n\n41. Provide reconciliation between what I paid vs. what the account shows.\n\n42. Provide monthly statements or notices ( if required ).\n\n43. Provide notices of rights under IDR/PSLF ( if required ).\n\n44. Provide past payment plan documents.\n\n45. Show how extra payments ( if any ) were credited.\n\n46. Provide records of current repayment status.\n\n47. Provide notice of any late fees or penalties and their basis.\n\n48. Provide proof of mailing ( or electronic delivery ) of all required statements.\n\n49. Provide disclosures of default rights.\n\n50. Provide proof that I was notified of all required rights ( e.g., deferment, loan forgiveness programs ).\n\nC. Credit Reporting & FCRA Compliance ( XXXX ) 51. Confirm whether any negative reporting to credit bureaus occurred.\n\n52. If yes, provide which bureau ( s ), which tradelines, on what dates.\n\n53. Remove or correct any adverse tradelines resulting from unauthorized/incorrect debt.\n\n54. Send proof to bureaus that corrections were made.\n\n55. Provide copies of all credit bureau reports in which my loans appear.\n\n56. Provide all furnisher documentation ( information provided to bureaus ).\n\n57. Confirm whether you reported interest that accrued illegally.\n\n58. Provide written confirmation of what was sent in dispute letters.\n\n59. Provide correspondence with credit bureaus about dispute.\n\n60. Provide any credit repair or remediation undertaken.\n\n61. Confirm that no further reporting will occur until this is resolved.\n\n62. Provide credit reporting history from 2009 forward.\n\n63. Provide any automated adverse action notices sent due to reporting.\n\n64. Provide whether any collections agency was involved in reporting.\n\n65. Provide records of any fees or collections forwarded to agencies.\n\n66. Provide dispute escalation logs for credit reporting.\n\n67. Provide records of any fees for credit report copies.\n\n68. Provide sample translated notices if non-English required.\n\n69. Provide documentation showing compliance with FCRA 15 U.S.C. 1681s-2.\n\n70. Provide policy for how Nelnet corrects furnishing errors.\n\nD. Communication, Dispute Process & Customer Access ( 71-95 ) 71. Provide secure means of communication ( portal/email ) documented.\n\n72. Assign a single individual as point of contact for my case.\n\n73. Provide transcripts or logs of phone calls related to my disputes.\n\n74. Provide email threads or message records.\n\n75. Provide dates when I made requests and Nelnets responses.\n\n76. Provide notice log showing when and how notices were delivered.\n\n77. Provide content of any written denials or explanations.\n\n78. Provide policy for turnaround time on borrower dispute requests.\n\n79. Provide whether Nelnet offered IDR or PSLF options.\n\n80. Provide written delivery receipts of bills or notices.\n\n81. Provide sample notices used for late or missed payments.\n\n82. Provide audit log of who accessed my customer profile.\n\n83. Provide security/privacy notifications sent to me.\n\n84. Provide customer complaint history related to similar origin-of-loan issues.\n\n85. Provide documentation of Nelnets escalations and internal reviews.\n\n86. Provide disclosures required under HEA/TEACHING regulations.\n\n87. Provide documentation of required annual notices.\n\n88. Provide records of default collection attempts.\n\n89. Provide records of student loan servicing oversight audits.\n\n90. Provide data on how many borrowers disputed origin-of-loan claims and resolution rates.\n\n91. Provide policy copies about debt collection communication frequency.\n\n92. Provide transcripts or recordings of any in-person meetings ( if applicable ).\n\n93. Provide disclosure of any internal investigation into identity theft/fraud regarding my account.\n\n94. Provide notice of rights under FDCPA ( if applicable ).\n\n95. Provide customer service scripts or guidelines used when denying origin consent.\n\nE. Regulatory, Legal & Policy Compliance ( 96-125 ) 96. Confirm compliance with ED servicing agreement obligations.\n\n97. Provide EDs oversight reports for Nelnets performance.\n\n98. Provide audit or compliance reviews by ED documenting issues.\n\n99. Provide copies of any FSA Ombudsman determinations relating to my loans.\n\n100. Provide all applicable federal statutes e.g., HEA, Title IV, 34 CFR 685 etc.\n\n101. Provide your policy for proving identity theft or fraudulent origin.\n\n102. Provide legal opinions you relied on for insisting on liability.\n\n103. Confirm compliance with statute of limitations where applicable.\n\n104. Provide policies on retention/destruction of origination records.\n\n105. Provide your internal legal analyses of borrowers disputing origin.\n\n106. Provide your attorneys interpretations of arbitration / dispute clauses.\n\n107. Provide documentation you rely on for refusing to honor IDR or forgiveness programs.\n\n108. Provide your governing contract with ED showing what Nelnet is responsible for.\n\n109. Provide FSA/ED guidance cited in that contract.\n\n110. Provide EDs written policies on loan disputes and fraud.\n\n111. Provide policy guidance on interest capitalization.\n\n112. Provide legal basis for capitalizing interest while dispute unresolved.\n\n113. Provide HEA guidance on borrower rights.\n\n114. Provide waiver or discharge policies and how they apply to unauthorized origin loans.\n\n115. Provide legal precedent or case law used in your decision.\n\n116. Provide policy on how Nelnet investigates claims of non-consensual origination.\n\n117. Provide EDs oversight metrics and penalties for servicers who fail.\n\n118. Provide your compliance with federal consumer protection laws ( FTC Act, TILA etc if any cross-applicable ).\n\n119. Provide policy on preventing discrimination or unfair targeting ( political belief etc ).\n\n120. Provide certifications or attestations that data privacy laws are complied with ( FERPA, other ).\n\n121. Provide legal review logs ( internal counsel advice memos ).\n\n122. Provide your policy for notifying borrowers about pending account closure or legal liability.\n\n123. Provide policy regarding contending assumption of debt without debt-origin documentation.\n\n124. Provide policy on disputing closed claims and releasing borrowers from misattributed liability.\n\n125. Provide your policy on customer restitution when errors committed.\n\nF. Refunds, Compensation & Financial Remedies ( 126-150 ) 126. Refund all interest accrued on loans taken without my consent.\n\n127. Waive all principal and interest on debts for which no promissory note exists.\n\n128. Remove all associated fees, penalties, late charges.\n\n129. Credit my account for any overpayments made.\n\n130. Recompute balance under no-debt scenario if origin not proven.\n\n131. Adjust any tax reporting ( 1098-E, etc. ) if required.\n\n132. Remove any collection agency charges.\n\n133. Cover cost of disputes ( phone, mail, time ).\n\n134. Compensate for credit score impact.\n\n135. Cover attorneys fees ( if I hire counsel ).\n\n136. Provide monetary compensation for emotional distress.\n\n137. Provide compensation for lost opportunities ( if campaign or job disrupted ).\n\n138. Provide punitive damages if lawfully permitted.\n\n139. Refund any charges for credit report copies if required.\n\n140. Compensate me for time lost gathering documentation.\n\n141. Compensation for late/unjust debt collections.\n\n142. Compensation for being denied or delayed IDR or forgiveness options.\n\n143. Assign a lump-sum settlement for harm done.\n\n144. Provide non-monetary compensation ( e.g., certificate or public acknowledgment if appropriate ).\n\n145. Provide clear, written apology.\n\n146. Agree to cover any costs I incur due to credit repair.\n\n147. Provide budget for oversight compliance.\n\n148. Offer settlement check or payment to cover all relevant taxes.\n\n149. Provide checks or payments for any garnishments, wage offsets wrongly made.\n\n150. Cover cost of verifying origin ( e.g., legal cover, document retrieval ).\n\n151. Reimburse any third-party disbursement or default fee.\n\n152. Provide my account statement free of fee for entire timeline.\n\n153. Provide zero-interest payment plan if reinstated.\n\n154. Provide retroactive forbearance credit if delay from Nelnet.\n\n155. Provide clear yearly statements going forward at no charge.\n\n156. Provide ongoing monitoring of credit report status.\n\n157. Provide guarantee that future servicing will not breach my rights.\n\n158. Supply written policy revisions and post them publicly.\n\n159. Present independent third-party audit or oversight of this case if requested.\n\n160. Produce a notarized affidavit from the employee who first opened the account file in 2009 ( or statement that no such employee exists ).\n\n161. Provide chain-of-custody logs for any physical documents ( MPNs, signed forms ) that you claim prove origination.\n\n162. Deliver a forensic image ( hash-signed ) of the database table row ( s ) that contain my account record as of each year-end 20092024.\n\n163. Produce the schema definition for the account table ( s ) that store borrower identity and loan metadata.\n\n164. Provide the DBA/DBMS logs showing the exact SQL operations that created or modified my account record.\n\n165. Provide certificate-signed hashes ( SHA-256 ) of all produced native files so integrity can be independently verified.\n\n166. Provide any OCR/scan-to-text output files for paper originals plus the raw scanned images.\n\n167. Produce proof of chain verification for any digital signature applied to origination documents.\n\n168. Produce records of any third-party identity verification vendor used ( contract + verification instance for my identity ).\n\n169. Provide results of any fraud-analytics retrospective review run against my account ( false-positive/false-negative analysis ).\n\n170. Provide the retention schedule applied to my origination documents and show whether any files were destroyed under that schedule.\n\n171. Produce log of any document destruction events for records tied to my account, with authorized approver and method.\n\n172. Provide the full version history ( diffs ) for any document that was modified ( eg MPN amendments ).\n\n173. Produce timestamped audit trail of any manual redactions applied to documents produced in discovery.\n\n174. Provide a legally-certified translation of any non-English material relied on in the origination process.\n\n175. Produce the ID verification algorithm output ( proof tokens, vendor score, acceptance threshold ) used at origination.\n\n176. Deliver the code snippet or query used to generate the account closed flag for my record, with comments.\n\n177. Provide all business rules that map detection triggers to closure outcomes, with effective dates.\n\n178. Produce copies of all training datasets used to train any ML model that flagged my account ( with sensitive PII redacted if necessary ).\n\n179. Provide model drift analyses showing performance changes of closure models since XXXX. \n\n\nXXXX. Produce a signed certification from the Chief Data Officer that no backdoor overrides were used to force this closure.\n\n181. Produce the full ticket history including internal severity codes, root cause analysis, and SLA timestamps for every support/ticket number related to my account.\n\n182. Produce a list of all service desk approvers who authorized final closure, with their approval timestamps.\n\n183. Provide the exact policy text that was presented to frontline staff when they executed the closure.\n\n184. Produce a copy of any external legal demand, court order, or subpoena that referenced my account ( if any ).\n\n185. Provide the raw logs of any automated remediation scripts executed against my account ( cron jobs, patches ).\n\n186. Produce the last three change management approvals that touched compliance decision-making systems used in my case.\n\n187. Provide the full PII access request log ( who requested access, justification, outcome ) for all access events for my file.\n\n188. Produce the complete list of IP addresses that connected to my account within 30 days prior to closure and the geolocation mapping for each.\n\n189. Provide forensic device identifiers ( device fingerprinting ) used to associate sessions to my account at time of alleged suspicious activity.\n\n190. Produce all analytic dashboards and export data that displayed my accounts risk score on each relevant date.\n\n191. Provide an independent third-party attestation that the closure workflow complied with your written procedures ( attestor name, scope ).\n\n192. Produce all redaction keys used to anonymize any produced documents so we can verify redactions were not substantive.\n\n193. Produce the auditable payroll/timecard records demonstrating how many hours staff spent investigating my case and the cost attributed.\n\n194. Provide the chain of custody and transfer records for any funds held, including bank account, ACH file IDs, settlement files.\n\n195. Produce audit logs of all exports of my data to any third party ( CSV/XML ) including recipient and purpose.\n\n196. Provide any internal legal memos assessing whether closure of a political candidates account could trigger FEC or First Amendment issues.\n\n197. Produce the list of all accounts that were closed the same day with the same reason code and the aggregate statistical justification.\n\n198. Provide a statistical false-positive rate for the closure reason code as applied in the prior 24 months.\n\n199. Produce a signed statement from the CEO or General Counsel certifying that the action was not based on political viewpoint.\n\n200. Provide copies of all external communications to vendors about my account ( email chains, portal messages ).\n\n201. Produce a formal root-cause analysis ( RCA ) for the closure decision with corrective action plan and responsible owners identified.\n\n202. Provide the escalation log showing every internal stakeholder briefed ( names/dates ) with their responses.\n\n203. Produce a redline history showing any policy text that was changed in response to past complaints about wrongful closures.\n\n204. Provide a list of all users/agents who had the authority to reverse a closure and show whether any reversal was attempted for my account.\n\n205. Produce confirmation of any hold placed on reporting to credit agencies during dispute and the start/end timestamps.\n\n206. Provide evidence that no adverse inference was drawn from my public political activity ( emails, memos showing political neutrality review ).\n\n207. Produce a list of every supervisory call ( recording or transcript ) where my case was discussed with senior management.\n\n208. Provide a corrective action metric showing percentage reduction in wrongful closures over past 12 months and link to remediation.\n\n209. Produce an offer to fund an independent audit by a mutually agreed firm ( with scope ) and agree to accept the auditors binding remediation recommendations.","date_sent_to_company":"2025-11-02T19:29:53.000Z","issue":"Unauthorized withdrawals or charges","sub_product":"Student loan debt relief","zip_code":"480XX","tags":null,"has_narrative":true,"complaint_id":"15971197","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Nelnet, Inc.","date_received":"2025-09-17T04:34:10.000Z","state":"MI","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Confirm all fees/charges assessed are lawful and reverse any improper amounts ; provide a waiver/credit if delays or <em>errors</em> were on the servicers side.\n\n7."]},"sort":[6.1112995,"15971197"]},{"_index":"complaint-public-v1","_id":"6434292","_score":6.060635,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"There are and was no included in bankruptcy see report in file! Stop your lying! The report is not going to lie.if you can point out that you see one on the XXXX report not to be rude XXXX XXXX XXXX XXXX XXXX \n\nHowever on the experian report it shows you made an update on XXXX XXXX but you failed to enter the required notice of dispute this is a violation under FCRA 623 remove from experian immediately Sec. 623. Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of Furnishers of Information to Provide Accurate Information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. \n\n( B ) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. \n\n( C ) No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address. \n\n( D ) Definition. For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information. \n\n( E ) Rehabilitation of private education loans..\n\n( i ) In general.Notwithstanding any other provision of this section, a consumer may request a financial institution to remove from a consumer report a reported default regarding a private education loan, and such information shall not be considered inaccurate, if ( I ) the financial institution chooses to offer a loan rehabilitation program which includes, without limitation, a requirement of the consumer to make consecutive on-time monthly payments in a number that demonstrates, in the assessment of the financial institution offering the loan rehabilitation program, a renewed ability and willingness to repay the loan ; and ( II ) the requirements of the loan rehabilitation program described in subclause ( I ) are successfully met. \n\n( ii ) Banking agencies. \n\n( I ) In general.If a financial institution is supervised by a Federal banking agency, the financial institution shall seek written approval concerning the terms and conditions of the loan rehabilitation program described in clause ( i ) from the appropriate Federal banking agency.\n\n( II ) Feedback.An appropriate Federal banking agency shall provide feedback to a financial institution within 120 days of a request for approval under subclause ( I ). \n\n( iii ) Limitation. \n\n( I ) In general.A consumer may obtain the benefits available under this subsection with respect to rehabilitating a loan only XXXX time per loan. \n\n( II ) Rule of construction.Nothing in this subparagraph may be construed to require a financial institution to offer a loan rehabilitation program or to remove any reported default from a consumer report as a consideration of a loan rehabilitation program, except as described in clause ( i ). \n\n( iv ) Definitions.For purposes of this subparagraph ( I ) the term \" appropriate Federal banking agency '' has the meaning given the term in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ) ; and ( II ) the term \" private education loan '' has the meaning given the term in section 140 ( a ) of the Truth in Lending Act ( 15 U.S.C. 1650 ( a ) ). \n\n( F ) REPORTING INFORMATION DURING COVID19 PANDEMIC. \n\n( i ) DEFINITIONS.In this subsection : ( I ) ACCOMMODATION.The term \" accommodation '' includes an agreement to defer 1 or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief granted to a consumer who is affected by the coronavirus disease 2019 ( COVID19 ) pandemic during the covered period. \n\n( II ) COVERED PERIOD.The term \" covered period '' means the period beginning on XX/XX/XXXX and ending on the later of ( aa ) 120 days after XX/XX/XXXX ; or ( bb ) 120 days after the date on which the national emergency concerning the novel coronavirus disease ( COVID19 ) outbreak declared by the President on XX/XX/XXXX under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) terminates. \n\n( ii ) REPORTING.Except as provided in clause ( iii ), if a furnisher makes an accommodation with respect to 1 or more payments on a credit obligation or account of a consumer, and the consumer makes the payments or is not required to make 1 or more payments pursuant to the accommodation, the furnisher shall ( I ) report the credit obligation or account as current; or ( II ) if the credit obligation or account was delinquent before the accommodation ( aa ) maintain the delinquent status during the period in which the accommodation is in effect; and ( bb ) if the consumer brings the credit obligation or account current during the period described in item ( aa ), report the credit obligation or account as current. \n\n( iii ) EXCEPTION.Clause ( ii ) shall not apply with respect to a credit obligation or account of a consumer that has been charged-off. \n\n( 2 ) Duty to correct and update information. A person who ( A ) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person 's transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate. \n\n( 3 ) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.\n\n( 4 ) Duty to provide notice of closed accounts. A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed. \n\n( 5 ) Duty to Provide Notice of Delinquency of Accounts ( A ) In general. A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action. \n\n( B ) Rule of construction. For purposes of this paragraph only, and provided that the consumer does not dispute the information, a person that furnishes information on a delinquent account that is placed for collection, charged for profit or loss, or subjected to any similar action, complies with this paragraph, if ( i ) the person reports the same date of delinquency as that provided by the creditor to which the account was owed at the time at which the commencement of the delinquency occurred, if the creditor previously reported that date of delinquency to a consumer reporting agency ; ( ii ) the creditor did not previously report the date of delinquency to a consumer reporting agency, and the person establishes and follows reasonable procedures to obtain the date of delinquency from the creditor or another reliable source and reports that date to a consumer reporting agency as the date of delinquency ; or ( iii ) the creditor did not previously report the date of delinquency to a consumer reporting agency and the date of delinquency can not be reasonably obtained as provided in clause ( ii ), the person establishes and follows reasonable procedures to ensure the date reported as the date of delinquency precedes the date on which the account is placed for collection, charged to profit or loss, or subjected to any similar action, and reports such date to the credit reporting agency. \n\n( 6 ) Duties of Furnishers Upon Notice of Identity Theft-Related Information ( A ) Reasonable procedures. A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 605B relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information. \n\n( B ) Information alleged to result from identity theft. If a consumer submits an identity theft report to a person who furnishes information to a consumer reporting agency at the address specified by that person for receiving such reports stating that information maintained by such person that purports to relate to the consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to any consumer reporting agency, unless the person subsequently knows or is informed by the consumer that the information is correct. \n\n( 7 ) Negative Information ( A ) Notice to Consumer Required ( i ) In general. If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section603 ( p ) furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer. \n\n( ii ) Notice effective for subsequent submissions. After providing such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 603 ( p ) with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer. \n\n( B ) Time of Notice ( i ) In general. The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 603 ( p ).\n\n( ii ) Coordination with new account disclosures. If the notice is provided to the customer prior to furnishing the negative information to a consumer reporting agency, the notice may not be included in the initial disclosures provided under section 127 ( a ) of the Truth in Lending Act.\n\n( C ) Coordination with other disclosures. The notice required under subparagraph ( A ) ( i ) may be included on or with any notice of default, any billing statement, or any other materials provided to the customer; and ( ii ) must be clear and conspicuous. \n\n( D ) Model Disclosure Note : See also 12 CFR Part 222, App B ( i ) Duty of Bureau. The Bureau shall prescribe a brief model disclosure that a financial institution may use to comply with subparagraph ( A ), which shall not exceed 30 words.\n\n( ii ) Use of model not required. No provision of this paragraph may be construed to require a financial institution to use any such model form prescribed by the Bureau. \n\n( iii ) Compliance using model. A financial institution shall be deemed to be in compliance with subparagraph ( A ) if the financial institution uses any model form prescribed by the Bureau under this subparagraph, or the financial institution uses any such model form and rearranges its format.\n\n( E ) Use of notice without submitting negative information. No provision of this paragraph shall be construed as requiring a financial institution that has provided a customer with a notice described in subparagraph ( A ) to furnish negative information about the customer to a consumer reporting agency. \n\n( F ) Safe harbor. A financial institution shall not be liable for failure to perform the duties required by this paragraph if, at the time of the failure, the financial institution maintained reasonable policies and procedures to comply with this paragraph or the financial institution reasonably believed that the institution is prohibited, by law, from contacting the consumer. \n\n( G ) Definitions. For purposes of this paragraph, the following definitions shall apply : ( i ) The term negative information means information concerning a customer 's delinquencies, late payments, insolvency, or any form of default. \n\n( XXXX ) The terms customer and financial institution have the same meanings as in section 509 Public Law 106-102 [ Note : Title V ( Privacy ) of GLBA ].\n\n( 8 ) Ability of Consumer to Dispute Information Directly with Furnisher See also 16 CFR Part 660.4 ( A ) In general. The Bureau, in consultation with the Federal Trade Commission, the Federal banking agencies, and the National Credit Union Administration, shall prescribe regulations that shall identify the circumstances under which a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer. \n\n( B ) Considerations. In prescribing regulations under subparagraph ( A ), the agencies shall weigh ( i ) the benefits to consumers with the costs on furnishers and the credit reporting system ; ( ii ) the impact on the overall accuracy and integrity of consumer reports of any such requirements ; ( iii ) whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute; and ( iv ) the potential impact on the credit reporting process if credit repair organizations, as defined in section 403 ( 3 ) [ 15 U.S.C. 1679a ( 3 ) ], including entities that would be a credit repair organization, but for section 403 ( 3 ) ( B ) ( i ), are able to circumvent the prohibition in subparagraph ( G ). \n\n( C ) Applicability. Subparagraphs ( D ) through ( G ) shall apply in any circumstance identified under the regulations promulgated under subparagraph ( A ). \n\n( D ) Submitting a notice of dispute. A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that ( i ) identifies the specific information that is being disputed ; ( ii ) explains the basis for the dispute; and ( iii ) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute. \n\n( E ) Duty of person after receiving notice of dispute. After receiving a notice of dispute from a consumer pursuant to subparagraph ( D ), the person that provided the information in dispute to a consumer reporting agency shall ( i ) conduct an investigation with respect to the disputed information ; ( ii ) review all relevant information provided by the consumer with the notice ; ( iii ) complete such person 's investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 611 ( a ) ( 1 ) within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and ( iv ) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate. \n\n( F ) Frivolous or Irrelevant Dispute ( i ) In general. This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including ( I ) by reason of the failure of a consumer to provide sufficient informa- tion to investigate the disputed information; or ( II ) the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection ( b ), with respect to which the person has already performed the person 's duties under this paragraph or subsection ( b ), as applicable. \n\n( ii ) Notice of determination. Upon making any determination under clause ( i ) that a dispute is frivolous or irrelevant, the person shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the person.\n\n( iii ) Contents of notice. A notice under clause ( ii ) shall include -- ( I ) the reasons for the determination under clause ( i ) ; and ( II ) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information. \n\n( G ) Exclusion of credit repair organizations. This paragraph shall not apply if the notice of the dispute is submitted by, is prepared on behalf of the consumer by, or is submitted on a form supplied to the consumer by, a credit repair organization, as defined in section 403 ( 3 ), or an entity that would be a credit repair organization, but for section 403 ( 3 ) ( B ) ( i ).\n\n( 9 ) Duty to provide notice of status as medical information furnisher. A person whose primary business is providing medical services, products, or devices, or the person 's agent or assignee, who furnishes information to a consumer reporting agency on a consumer shall be considered a medical information furnisher for purposes of this title, and shall notify the agency of such status. \n\n( b ) Duties of Furnishers of Information upon Notice of Dispute ( 1 ) In general. After receiving notice pursuant to section 611 ( a ) ( 2 ) [ 1681i ] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall ( A ) conduct an investigation with respect to the disputed information ; ( B ) review all relevant information provided by the consumer reporting agency pursuant to section 611 ( a ) ( 2 ) [ 1681i ] ; ( C ) report the results of the investigation to the consumer repo ting agency ; ( D ) if the investigation finds that the information is incomplete or inaccurate, re- port those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis ; and ( E ) if an item of information disputed by a consumer is found to be inaccurate or incomplete or can not be verified after any reinvestigation under paragraph ( 1 ), for purposes of reporting to a consumer reporting agency only, as appropriate, based on the results of the reinvestigation promptly ( i ) modify that item of information ; ( ii ) delete that item of information ; or ( iii ) permanently block the reporting of that item of information. \n\n( 2 ) Deadline. A person shall complete all investigations, reviews, and reports required under paragraph ( 1 ) regarding information provided by the person to a consumer re- porting agency, before the expiration of the period under section 611 ( a ) ( 1 ) [ 1681i ] within which the consumer reporting agency is required to complete actions required by that section regarding that information.\n\n( c ) Limitation on liability. Except as provided in section 621 ( c ) ( 1 ) ( B ), sections 616 and 617 do not apply to any violation of ( 1 ) subsection ( a ) of this section, including any regulations issued thereunder ; ( 2 ) subsection ( e ) of this section, except that nothing in this paragraph shall limit, expand, or otherwise affect liability under section 616 or 617, as applicable, for violations of subsection ( b ) of this section; or ( 3 ) subsection ( e ) of section 615.\n\n( d ) Limitation on enforcement. The provisions of law described in paragraphs ( 1 ) through ( 3 ) of subsection ( c ) ( other than with respect to the exception described in paragraph ( 2 ) of subsection ( c ) ) shall be enforced exclusively as provided under section 621 by the Federal agencies and officials and the State officials identified in section 621.\n\n( e ) Accuracy Guidelines and Regulations Required See also 16 CFR Part 660 ( 1 ) Guidelines. The Bureau shall, with respect to persons or entities that are subject to the enforcement authority of the Bureau under section 621 ( A ) establish and maintain guidelines for use by each person that furnishes information to a consumer reporting agency regarding the accuracy and integrity of the information relating to consumers that such entities furnish to consumer reporting agencies, and update such guidelines as often as necessary ; and ( B ) prescribe regulations requiring each person that furnishes information to a consumer reporting agency to establish reasonable policies and procedures for implementing the guidelines established pursuant to subparagraph ( A ).\n\n( 2 ) Criteria. In developing the guidelines required by paragraph ( 1 ) ( A ), the Bureau shall ( A ) identify patterns, practices, and specific forms of activity that can compromise the accuracy and integrity of information furnished to consumer reporting agencies ; ( B ) review the methods ( including technological means ) used to furnish infor- mation relating to consumers to consumer reporting agencies ; ( C ) determine whether persons that furnish information to consumer reporting agencies maintain and enforce policies to ensure the accuracy and integrity of information furnished to consumer reporting agencies ; and ( D ) examine the policies and processes that persons that furnish information to consumer reporting agencies employ to conduct re investigations and correct inaccurate information relating to consumers that has been furnished to consumer reporting agencies. \n\nMain Regulation Page Sec. 622. Information on overdue child support obligations Sec. 624. Affiliate sharing Printer-friendly version Email emailShare share First published on : XX/XX/XXXX Banker Tools View All A collection of useful resources for various areas of the bank which have been developed by members of the BankersOnline staff or have been created and contributed by users of the BankersOnline site. \n\nBanker Tools Penalties View All Flood BSA/AML Other Civil Money FDIC FRB OCC NCUA XX/XX/XXXX {$1500.00} XXXX XXXX  pays {$1500.00} flood penalty Issued by FDIC XX/XX/XXXX {$39000.00} XXXX XXXX pays {$39000.00} flood insurance penalty Issued by FDIC XX/XX/XXXX {$320000.00} XXXX XXXX  hit with flood insurance penalty tsunami Issued by FDIC XX/XX/XXXX {$11000.00} XXXX XXXX XXXX XXXX XXXX pays flood penalty Issued by FDIC XX/XX/XXXX {$6000.00} XXXX XXXX XXXX pays XXXX XXXX flood insurance penalty Issued by FDIC Banker Store View All From training, policies, forms, and publications, to office products and occasional gifts, its available here : Banker Store HOT RIGHT NOW image description Looking for effective, convenient training on a particular subject? \nXXXX XXXX XXXX offers more than 200 courses ON-DEMAND or on CD ROM from AML to Reg Z and every topic in between. \n\nSEARCH REGULATIONS Search this site From agency View Regulations Main Regulations Page CFPB FRB FDIC FinCEN Other / Misc CFPB Letter Classification XXXX XXXX  Letter Classification XXXX Newsletter Learn about our FREE and Premium Newsletters and Briefings. \n\nSubscribe NOW!","date_sent_to_company":"2023-01-13T16:28:29.000Z","issue":"Improper use of your report","sub_product":"General-purpose credit card or charge card","zip_code":"55311","tags":null,"has_narrative":true,"complaint_id":"6434292","timely":"No","company_response":"Closed with explanation","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2023-01-13T16:17:13.000Z","state":"MN","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["( ii ) Notice <em>effective</em> for subsequent submissions. After <em>providing</em> such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 603 ( p ) with respect to the same transaction, extension of credit, account, or customer without <em>providing</em> additional notice to the customer. \n\n( B ) Time of Notice ( i ) In general."]},"sort":[6.060635,"6434292"]},{"_index":"complaint-public-v1","_id":"9465257","_score":6.036333,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"this is my 3rd and final attempt before suit is filled against all 3 credit bureaus, I have gave all 3 consumer reporting agency 's XXXX, Transunion and XXXX ample amounts of time to investigate and as well re-investigate these accounts multiple times to no avail. multiple pieces are still wrong on all accounts i have demanded for them to be removed and after multiple attempts by LAW if the account is inaccurate given by FCRA thirty ( 30 ) days must be removed if not accurate i have kept letter of all attempts is has now been well over ninety ( 90 ) days since first investigation and still reflecting negative and wrong information. FULL disclosure I will use this complaint as my 3rd and final attempt to remove these accounts off my consumer report as this is affecting my family, mode of living and my quality of life. I have attempted to obtain credit and due to this wrong information that has not been accurately verified i continue to suffer due to the reporting agency 's and creditor ignorance to this important matter. I hereby exercise the below guideline set out by the FCRA and demand this be removed. I also added attachments for the accounts being referenced in this complaint.\n\n15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.\n\n( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.\n\n( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address.\n\n( D ) Definition For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information.\n\n( E ) Rehabilitation of private education loans ( i ) In general Notwithstanding any other provision of this section, a consumer may request a financial institution to remove from a consumer report a reported default regarding a private education loan, and such information shall not be considered inaccurate, if ( I ) the financial institution chooses to offer a loan rehabilitation program which includes, without limitation, a requirement of the consumer to make consecutive on-time monthly payments in a number that demonstrates, in the assessment of the financial institution offering the loan rehabilitation program, a renewed ability and willingness to repay the loan ; and ( II ) the requirements of the loan rehabilitation program described in subclause ( I ) are successfully met.\n\n( ii ) Banking agencies ( I ) In general If a financial institution is supervised by a Federal banking agency, the financial institution shall seek written approval concerning the terms and conditions of the loan rehabilitation program described in clause ( i ) from the appropriate Federal banking agency.\n\n( II ) Feedback An appropriate Federal banking agency shall provide feedback to a financial institution within 120 days of a request for approval under subclause ( I ).\n\n( iii ) Limitation ( I ) In general A consumer may obtain the benefits available under this subsection with respect to rehabilitating a loan only 1 time per loan.\n\n( II ) Rule of construction Nothing in this subparagraph may be construed to require a financial institution to offer a loan rehabilitation program or to remove any reported default from a consumer report as a consideration of a loan rehabilitation program, except as described in clause ( i ).\n\n( iv ) Definitions For purposes of this subparagraph ( I ) the term appropriate Federal banking agency has the meaning given the term in section 1813 of title 12 ; and ( II ) the term private education loan has the meaning given the term in section 1650 ( a ) of this title. \n( F ) Reporting information during XXXX pandemic ( i ) Definitions In this subsection : ( I ) Accommodation The term accommodation includes an agreement to defer XXXX or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief granted to a consumer who is affected by the coronavirus XXXX XXXX ( XXXX ) pandemic during the covered period. \n\n( XXXX ) Covered period The term covered period means the period beginning on XX/XX/XXXX and ending on the later of ( aa ) 120 days after XX/XX/XXXX ; or ( XXXX ) 120 days after the date on which the national emergency concerning the novel coronavirus XXXX ( XXXX ) outbreak declared by the President on XX/XX/XXXX under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) terminates. \n( ii ) Reporting Except as provided in clause ( XXXX ), if a furnisher makes an accommodation with respect to 1 or more payments on a credit obligation or account of a consumer, and the consumer makes the payments or is not required to make 1 or more payments pursuant to the accommodation, the furnisher shall ( I ) report the credit obligation or account as current; or ( XXXX ) if the credit obligation or account was delinquent before the accommodation ( aa ) maintain the delinquent status during the period in which the accommodation is in effect; and ( bb ) if the consumer brings the credit obligation or account current during the period described in item ( aa ), report the credit obligation or account as current. \n( iii ) Exception Clause ( ii ) shall not apply with respect to a credit obligation or account of a consumer that has been charged-off. \n\n( XXXX ) Duty to correct and update information A person who ( A ) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the persons transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate. \n( XXXX ) Duty to provide notice of dispute If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. \n\n( XXXX ) Duty to provide notice of closed accounts A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed. \n\n( XXXX ) Duty to provide notice of delinquency of accounts ( A ) In general A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action. \n\n( B ) Rule of construction For purposes of this paragraph only, and provided that the consumer does not dispute the information, a person that furnishes information on a delinquent account that is placed for collection, charged for profit or loss, or subjected to any similar action, complies with this paragraph, if ( i ) the person reports the same date of delinquency as that provided by the creditor to which the account was owed at the time at which the commencement of the delinquency occurred, if the creditor previously reported that date of delinquency to a consumer reporting agency ; ( ii ) the creditor did not previously report the date of delinquency to a consumer reporting agency, and the person establishes and follows reasonable procedures to obtain the date of delinquency from the creditor or another reliable source and reports that date to a consumer reporting agency as the date of delinquency ; or ( iii ) the creditor did not previously report the date of delinquency to a consumer reporting agency and the date of delinquency can not be reasonably obtained as provided in clause ( ii ), the person establishes and follows reasonable procedures to ensure the date reported as the date of delinquency precedes the date on which the account is placed for collection, charged to profit or loss, or subjected to any similar action, and reports such date to the credit reporting agency. \n( XXXX ) Duties of furnishers upon notice of identity theft-related information ( A ) Reasonable procedures A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 1681c2 of this title relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information. \n\n( B ) Information alleged to result from identity theft If a consumer submits an identity theft report to a person who furnishes information to a consumer reporting agency at the address specified by that person for receiving such reports stating that information maintained by such person that purports to relate to the consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to any consumer reporting agency, unless the person subsequently knows or is informed by the consumer that the information is correct. \n\n( XXXX ) Negative information ( A ) Notice to consumer required ( i ) In general If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 1681a ( p ) of this title furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer. \n\n( ii ) Notice effective for subsequent submissions After providing such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 1681a ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer.\n\n( B ) Time of notice ( i ) In general The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 1681a ( p ) of this title.\n\n( ii ) Coordination with new account disclosures If the notice is provided to the customer prior to furnishing the negative information to a consumer reporting agency, the notice may not be included in the initial disclosures provided under section 1637 ( a ) of this title.\n\n( C ) Coordination with other disclosures The notice required under subparagraph ( A ) ( i ) may be included on or with any notice of default, any billing statement, or any other materials provided to the customer; and ( ii ) must be clear and conspicuous.\n\n( D ) Model disclosure ( i ) Duty of Bureau The Bureau shall prescribe a brief model disclosure that a financial institution may use to comply with subparagraph ( A ), which shall not exceed 30 words.\n\n( ii ) Use of model not required No provision of this paragraph may be construed to require a financial institution to use any such model form prescribed by the Bureau.\n\n( iii ) Compliance using model A financial institution shall be deemed to be in compliance with subparagraph ( A ) if the financial institution uses any model form prescribed by the Bureau under this subparagraph, or the financial institution uses any such model form and rearranges its format. \n\n( XXXX ) Use of notice without submitting negative information No provision of this paragraph shall be construed as requiring a financial institution that has provided a customer with a notice described in subparagraph ( A ) to furnish negative information about the customer to a consumer reporting agency. \n\n( F ) Safe harbor A financial institution shall not be liable for failure to perform the duties required by this paragraph if, at the time of the failure, the financial institution maintained reasonable policies and procedures to comply with this paragraph or the financial institution reasonably believed that the institution is prohibited, by law, from contacting the consumer. \n\n( G ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Negative information The term negative information means information concerning a customers delinquencies, late payments, insolvency, or any form of default. \n\n( ii ) Customer ; financial institution The terms customer and financial institution have the same meanings as in section 6809 of this title.\n\n( 8 ) Ability of consumer to dispute information directly with furnisher ( A ) In general The Bureau, in consultation with the Federal Trade Commission, the Federal banking agencies, and the XXXX XXXX XXXX XXXX, shall prescribe regulations that shall identify the circumstances under which a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer. \n\n( B ) Considerations In prescribing regulations under subparagraph ( A ), the agencies shall weigh ( i ) the benefits to consumers with the costs on furnishers and the credit reporting system ; ( ii ) the impact on the overall accuracy and integrity of consumer reports of any such requirements ; ( iii ) whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute ; and ( iv ) the potential impact on the credit reporting process if credit repair organizations, as defined in section 1679a ( 3 ) of this title, including entities that would be a credit repair organization, but for section 1679a ( 3 ) ( B ) ( i ) of this title, are able to circumvent the prohibition in subparagraph ( G ). \n( C ) Applicability Subparagraphs ( D ) through ( G ) shall apply in any circumstance identified under the regulations promulgated under subparagraph ( A ). \n\n( D ) Submitting a notice of dispute A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that ( i ) identifies the specific information that is being disputed ; ( ii ) explains the basis for the dispute; and ( iii ) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute. \n( XXXX ) Duty of person after receiving notice of dispute After receiving a notice of dispute from a consumer pursuant to subparagraph ( D ), the person that provided the information in dispute to a consumer reporting agency shall ( i ) conduct an investigation with respect to the disputed information ; ( ii ) review all relevant information provided by the consumer with the notice ; ( iii ) complete such persons investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and ( iv ) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate. \n( F ) Frivolous or irrelevant dispute ( i ) In general This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including ( I ) by reason of the failure of a consumer to provide sufficient information to investigate the disputed information ; or ( II ) the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection ( b ), with respect to which the person has already performed the persons duties under this paragraph or subsection ( b ), as applicable. \n( ii ) Notice of determination Upon making any determination under clause ( i ) that a dispute is frivolous or irrelevant, the person shall notify the consumer of such determination not later than XXXX business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the person. \n\n( iii ) Contents of notice A notice under clause ( XXXX ) shall include ( I ) the reasons for the determination under clause ( i ) ; and ( II ) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information.\n\n( G ) Exclusion of credit repair organizations This paragraph shall not apply if the notice of the dispute is submitted by, is prepared on behalf of the consumer by, or is submitted on a form supplied to the consumer by, a credit repair organization, as defined in section 1679a ( 3 ) of this title, or an entity that would be a credit repair organization, but for section 1679a ( 3 ) ( B ) ( i ) of this title.\n\n( 9 ) Duty to provide notice of status as medical information furnisher A person whose primary business is providing medical services, products, or devices, or the persons agent or assignee, who furnishes information to a consumer reporting agency on a consumer shall be considered a medical information furnisher for purposes of this subchapter, and shall notify the agency of such status.\n\n( b ) Duties of furnishers of information upon notice of dispute ( 1 ) In general After receiving notice pursuant to section 1681i ( a ) ( 2 ) of this title of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall ( A ) conduct an investigation with respect to the disputed information ; ( B ) review all relevant information provided by the consumer reporting agency pursuant to section 1681i ( a ) ( 2 ) of this title ; ( C ) report the results of the investigation to the consumer reporting agency ; ( D ) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis ; and ( XXXX ) if an item of information disputed by a consumer is found to be inaccurate or incomplete or can not be verified after any reinvestigation under paragraph ( XXXX ), for purposes of reporting to a consumer reporting agency only, as appropriate, based on the results of the reinvestigation promptly ( i ) modify that item of information ; ( ii ) delete that item of information ; or ( iii ) permanently block the reporting of that item of information. \n( XXXX ) Deadline A person shall complete all investigations, reviews, and reports required under paragraph ( XXXX ) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which the consumer reporting agency is required to complete actions required by that section regarding that information.\n\n( c ) Limitation on liability Except as provided in section 1681s ( c ) ( 1 ) ( B ) of this title, sections 1681n and 1681o of this title do not apply to any violation of ( 1 ) subsection ( a ) of this section, including any regulations issued thereunder ; ( 2 ) subsection ( e ) of this section, except that nothing in this paragraph shall limit, expand, or otherwise affect liability under section 1681n or 1681o of this title, as applicable, for violations of subsection ( b ) of this section; or ( 3 ) subsection ( e ) of section 1681m of this title.\n\n( d ) Limitation on enforcement The provisions of law described in paragraphs ( 1 ) through ( 3 ) of subsection ( c ) ( other than with respect to the exception described in paragraph ( 2 ) of subsection ( c ) ) shall be enforced exclusively as provided under section 1681s of this title by the Federal agencies and officials and the State officials identified in section 1681s of this title.\n\n( e ) Accuracy guidelines and regulations required ( 1 ) Guidelines The Bureau shall, with respect to persons or entities that are subject to the enforcement authority of the Bureau under section 1681s of this title ( A ) establish and maintain guidelines for use by each person that furnishes information to a consumer reporting agency regarding the accuracy and integrity of the information relating to consumers that such entities furnish to consumer reporting agencies, and update such guidelines as often as necessary ; and ( B ) prescribe regulations requiring each person that furnishes information to a consumer reporting agency to establish reasonable policies and procedures for implementing the guidelines established pursuant to subparagraph ( A ).\n\n( 2 ) Criteria In developing the guidelines required by paragraph ( 1 ) ( A ), the Bureau shall ( A ) identify patterns, practices, and specific forms of activity that can compromise the accuracy and integrity of information furnished to consumer reporting agencies ; ( B ) review the methods ( including technological means ) used to furnish information relating to consumers to consumer reporting agencies ; ( C ) determine whether persons that furnish information to consumer reporting agencies maintain and enforce policies to ensure the accuracy and integrity of information furnished to consumer reporting agencies ; and ( D ) examine the policies and processes that persons that furnish information to consumer reporting agencies employ to conduct reinvestigations and correct inaccurate information relating to consumers that has been furnished to consumer reporting agencies. \n\nACCOUNTS inaccurately being reported : XXXX XXXX account # 's XXXX and XXXX","date_sent_to_company":"2024-07-09T14:55:29.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"91752","tags":null,"has_narrative":true,"complaint_id":"9465257","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-07-09T14:55:26.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["( ii ) Notice <em>effective</em> for subsequent submissions After <em>providing</em> such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 1681a ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without <em>providing</em> additional notice to the customer."]},"sort":[6.036333,"9465257"]},{"_index":"complaint-public-v1","_id":"9465256","_score":6.036333,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"this is my 3rd and final attempt before suit is filled against all 3 credit bureaus, I have gave all 3 consumer reporting agency 's XXXX, XXXX and Equifax ample amounts of time to investigate and as well re-investigate these accounts multiple times to no avail. multiple pieces are still wrong on all accounts i have demanded for them to be removed and after multiple attempts by LAW if the account is inaccurate given by FCRA thirty ( 30 ) days must be removed if not accurate i have kept letter of all attempts is has now been well over ninety ( 90 ) days since first investigation and still reflecting negative and wrong information. FULL disclosure I will use this complaint as my 3rd and final attempt to remove these accounts off my consumer report as this is affecting my family, mode of living and my quality of life. I have attempted to obtain credit and due to this wrong information that has not been accurately verified i continue to suffer due to the reporting agency 's and creditor ignorance to this important matter. I hereby exercise the below guideline set out by the FCRA and demand this be removed. I also added attachments for the accounts being referenced in this complaint.\n\n15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.\n\n( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.\n\n( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address.\n\n( D ) Definition For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information.\n\n( E ) Rehabilitation of private education loans ( i ) In general Notwithstanding any other provision of this section, a consumer may request a financial institution to remove from a consumer report a reported default regarding a private education loan, and such information shall not be considered inaccurate, if ( I ) the financial institution chooses to offer a loan rehabilitation program which includes, without limitation, a requirement of the consumer to make consecutive on-time monthly payments in a number that demonstrates, in the assessment of the financial institution offering the loan rehabilitation program, a renewed ability and willingness to repay the loan ; and ( II ) the requirements of the loan rehabilitation program described in subclause ( I ) are successfully met.\n\n( ii ) Banking agencies ( I ) In general If a financial institution is supervised by a Federal banking agency, the financial institution shall seek written approval concerning the terms and conditions of the loan rehabilitation program described in clause ( i ) from the appropriate Federal banking agency.\n\n( II ) Feedback An appropriate Federal banking agency shall provide feedback to a financial institution within 120 days of a request for approval under subclause ( I ).\n\n( iii ) Limitation ( I ) In general A consumer may obtain the benefits available under this subsection with respect to rehabilitating a loan only 1 time per loan.\n\n( II ) Rule of construction Nothing in this subparagraph may be construed to require a financial institution to offer a loan rehabilitation program or to remove any reported default from a consumer report as a consideration of a loan rehabilitation program, except as described in clause ( i ).\n\n( iv ) Definitions For purposes of this subparagraph ( I ) the term appropriate Federal banking agency has the meaning given the term in section 1813 of title 12 ; and ( II ) the term private education loan has the meaning given the term in section 1650 ( a ) of this title.\n\n( F ) Reporting information during COVID19 pandemic ( i ) Definitions In this subsection : ( I ) Accommodation The term accommodation includes an agreement to defer 1 or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief granted to a consumer who is affected by the coronavirus XXXX XXXX ( XXXX ) pandemic during the covered period. \n\n( XXXX ) Covered period The term covered period means the period beginning on XX/XX/XXXX and ending on the later of ( aa ) 120 days after XX/XX/XXXX ; or ( XXXX ) 120 days after the date on which the national emergency concerning the novel coronavirus XXXX ( XXXX ) outbreak declared by the President on XX/XX/XXXX under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) terminates. \n( ii ) Reporting Except as provided in clause ( XXXX ), if a furnisher makes an accommodation with respect to XXXX or more payments on a credit obligation or account of a consumer, and the consumer makes the payments or is not required to make XXXX or more payments pursuant to the accommodation, the furnisher shall ( I ) report the credit obligation or account as current; or ( XXXX ) if the credit obligation or account was delinquent before the accommodation ( aa ) maintain the delinquent status during the period in which the accommodation is in effect; and ( bb ) if the consumer brings the credit obligation or account current during the period described in item ( aa ), report the credit obligation or account as current. \n( iii ) Exception Clause ( ii ) shall not apply with respect to a credit obligation or account of a consumer that has been charged-off. \n\n( XXXX ) Duty to correct and update information A person who ( A ) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the persons transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate. \n( XXXX ) Duty to provide notice of dispute If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person XXXX not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. \n\n( XXXX ) Duty to provide notice of closed accounts A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed. \n\n( XXXX ) Duty to provide notice of delinquency of accounts ( A ) In general A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action. \n\n( B ) Rule of construction For purposes of this paragraph only, and provided that the consumer does not dispute the information, a person that furnishes information on a delinquent account that is placed for collection, charged for profit or loss, or subjected to any similar action, complies with this paragraph, if ( i ) the person reports the same date of delinquency as that provided by the creditor to which the account was owed at the time at which the commencement of the delinquency occurred, if the creditor previously reported that date of delinquency to a consumer reporting agency ; ( ii ) the creditor did not previously report the date of delinquency to a consumer reporting agency, and the person establishes and follows reasonable procedures to obtain the date of delinquency from the creditor or another reliable source and reports that date to a consumer reporting agency as the date of delinquency ; or ( iii ) the creditor did not previously report the date of delinquency to a consumer reporting agency and the date of delinquency can not be reasonably obtained as provided in clause ( ii ), the person establishes and follows reasonable procedures to ensure the date reported as the date of delinquency precedes the date on which the account is placed for collection, charged to profit or loss, or subjected to any similar action, and reports such date to the credit reporting agency. \n( XXXX ) Duties of furnishers upon notice of identity theft-related information ( A ) Reasonable procedures A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 1681c2 of this title relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information.\n\n( B ) Information alleged to result from identity theft If a consumer submits an identity theft report to a person who furnishes information to a consumer reporting agency at the address specified by that person for receiving such reports stating that information maintained by such person that purports to relate to the consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to any consumer reporting agency, unless the person subsequently knows or is informed by the consumer that the information is correct.\n\n( 7 ) Negative information ( A ) Notice to consumer required ( i ) In general If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 1681a ( p ) of this title furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer.\n\n( ii ) Notice effective for subsequent submissions After providing such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 1681a ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer.\n\n( B ) Time of notice ( i ) In general The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 1681a ( p ) of this title.\n\n( ii ) Coordination with new account disclosures If the notice is provided to the customer prior to furnishing the negative information to a consumer reporting agency, the notice may not be included in the initial disclosures provided under section 1637 ( a ) of this title.\n\n( C ) Coordination with other disclosures The notice required under subparagraph ( A ) ( i ) may be included on or with any notice of default, any billing statement, or any other materials provided to the customer; and ( ii ) must be clear and conspicuous.\n\n( D ) Model disclosure ( i ) Duty of Bureau The Bureau shall prescribe a brief model disclosure that a financial institution may use to comply with subparagraph ( A ), which shall not exceed 30 words.\n\n( ii ) Use of model not required No provision of this paragraph may be construed to require a financial institution to use any such model form prescribed by the Bureau.\n\n( iii ) Compliance using model A financial institution shall be deemed to be in compliance with subparagraph ( A ) if the financial institution uses any model form prescribed by the Bureau under this subparagraph, or the financial institution uses any such model form and rearranges its format.\n\n( E ) Use of notice without submitting negative information No provision of this paragraph shall be construed as requiring a financial institution that has provided a customer with a notice described in subparagraph ( A ) to furnish negative information about the customer to a consumer reporting agency.\n\n( F ) Safe harbor A financial institution shall not be liable for failure to perform the duties required by this paragraph if, at the time of the failure, the financial institution maintained reasonable policies and procedures to comply with this paragraph or the financial institution reasonably believed that the institution is prohibited, by law, from contacting the consumer.\n\n( G ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Negative information The term negative information means information concerning a customers delinquencies, late payments, insolvency, or any form of default.\n\n( ii ) Customer ; financial institution The terms customer and financial institution have the same meanings as in section 6809 of this title.\n\n( 8 ) Ability of consumer to dispute information directly with furnisher ( A ) In general The Bureau, in consultation with the Federal Trade Commission, the Federal banking agencies, and the XXXX XXXX XXXX XXXX, shall prescribe regulations that shall identify the circumstances under which a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer. \n\n( B ) Considerations In prescribing regulations under subparagraph ( A ), the agencies shall weigh ( i ) the benefits to consumers with the costs on furnishers and the credit reporting system ; ( ii ) the impact on the overall accuracy and integrity of consumer reports of any such requirements ; ( iii ) whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute ; and ( iv ) the potential impact on the credit reporting process if credit repair organizations, as defined in section 1679a ( 3 ) of this title, including entities that would be a credit repair organization, but for section 1679a ( 3 ) ( B ) ( i ) of this title, are able to circumvent the prohibition in subparagraph ( G ).\n\n( C ) Applicability Subparagraphs ( D ) through ( G ) shall apply in any circumstance identified under the regulations promulgated under subparagraph ( A ). \n\n( D ) Submitting a notice of dispute A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that ( i ) identifies the specific information that is being disputed ; ( ii ) explains the basis for the dispute; and ( iii ) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute. \n( XXXX ) Duty of person after receiving notice of dispute After receiving a notice of dispute from a consumer pursuant to subparagraph ( D ), the person that provided the information in dispute to a consumer reporting agency shall ( i ) conduct an investigation with respect to the disputed information ; ( ii ) review all relevant information provided by the consumer with the notice ; ( iii ) complete such persons investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and ( iv ) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate.\n\n( F ) Frivolous or irrelevant dispute ( i ) In general This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including ( I ) by reason of the failure of a consumer to provide sufficient information to investigate the disputed information ; or ( II ) the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection ( b ), with respect to which the person has already performed the persons duties under this paragraph or subsection ( b ), as applicable.\n\n( ii ) Notice of determination Upon making any determination under clause ( i ) that a dispute is frivolous or irrelevant, the person shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the person.\n\n( iii ) Contents of notice A notice under clause ( ii ) shall include ( I ) the reasons for the determination under clause ( i ) ; and ( II ) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information.\n\n( G ) Exclusion of credit repair organizations This paragraph shall not apply if the notice of the dispute is submitted by, is prepared on behalf of the consumer by, or is submitted on a form supplied to the consumer by, a credit repair organization, as defined in section 1679a ( 3 ) of this title, or an entity that would be a credit repair organization, but for section 1679a ( 3 ) ( B ) ( i ) of this title.\n\n( 9 ) Duty to provide notice of status as medical information furnisher A person whose primary business is providing medical services, products, or devices, or the persons agent or assignee, who furnishes information to a consumer reporting agency on a consumer shall be considered a medical information furnisher for purposes of this subchapter, and shall notify the agency of such status.\n\n( b ) Duties of furnishers of information upon notice of dispute ( 1 ) In general After receiving notice pursuant to section 1681i ( a ) ( 2 ) of this title of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall ( A ) conduct an investigation with respect to the disputed information ; ( B ) review all relevant information provided by the consumer reporting agency pursuant to section 1681i ( a ) ( 2 ) of this title ; ( C ) report the results of the investigation to the consumer reporting agency ; ( D ) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis ; and ( E ) if an item of information disputed by a consumer is found to be inaccurate or incomplete or can not be verified after any reinvestigation under paragraph ( 1 ), for purposes of reporting to a consumer reporting agency only, as appropriate, based on the results of the reinvestigation promptly ( i ) modify that item of information ; ( ii ) delete that item of information ; or ( iii ) permanently block the reporting of that item of information.\n\n( 2 ) Deadline A person shall complete all investigations, reviews, and reports required under paragraph ( 1 ) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which the consumer reporting agency is required to complete actions required by that section regarding that information.\n\n( c ) Limitation on liability Except as provided in section 1681s ( c ) ( 1 ) ( B ) of this title, sections 1681n and 1681o of this title do not apply to any violation of ( 1 ) subsection ( a ) of this section, including any regulations issued thereunder ; ( 2 ) subsection ( e ) of this section, except that nothing in this paragraph shall limit, expand, or otherwise affect liability under section 1681n or 1681o of this title, as applicable, for violations of subsection ( b ) of this section; or ( 3 ) subsection ( e ) of section 1681m of this title.\n\n( d ) Limitation on enforcement The provisions of law described in paragraphs ( 1 ) through ( 3 ) of subsection ( c ) ( other than with respect to the exception described in paragraph ( 2 ) of subsection ( c ) ) shall be enforced exclusively as provided under section 1681s of this title by the Federal agencies and officials and the State officials identified in section 1681s of this title.\n\n( e ) Accuracy guidelines and regulations required ( 1 ) Guidelines The Bureau shall, with respect to persons or entities that are subject to the enforcement authority of the Bureau under section 1681s of this title ( A ) establish and maintain guidelines for use by each person that furnishes information to a consumer reporting agency regarding the accuracy and integrity of the information relating to consumers that such entities furnish to consumer reporting agencies, and update such guidelines as often as necessary ; and ( B ) prescribe regulations requiring each person that furnishes information to a consumer reporting agency to establish reasonable policies and procedures for implementing the guidelines established pursuant to subparagraph ( A ).\n\n( 2 ) Criteria In developing the guidelines required by paragraph ( 1 ) ( A ), the Bureau shall ( A ) identify patterns, practices, and specific forms of activity that can compromise the accuracy and integrity of information furnished to consumer reporting agencies ; ( B ) review the methods ( including technological means ) used to furnish information relating to consumers to consumer reporting agencies ; ( C ) determine whether persons that furnish information to consumer reporting agencies maintain and enforce policies to ensure the accuracy and integrity of information furnished to consumer reporting agencies ; and ( D ) examine the policies and processes that persons that furnish information to consumer reporting agencies employ to conduct reinvestigations and correct inaccurate information relating to consumers that has been furnished to consumer reporting agencies. \n\nACCOUNTS inaccurately being reported : XXXX XXXX account # 's XXXX and XXXX","date_sent_to_company":"2024-07-09T14:55:29.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"91752","tags":null,"has_narrative":true,"complaint_id":"9465256","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-07-09T14:55:26.000Z","state":"CA","company_public_response":null,"sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["( ii ) Notice <em>effective</em> for subsequent submissions After <em>providing</em> such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 1681a ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without <em>providing</em> additional notice to the customer."]},"sort":[6.036333,"9465256"]},{"_index":"complaint-public-v1","_id":"9465045","_score":6.036333,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"this is my XXXX and final attempt before suit is filled against all XXXX credit bureaus, I have gave all XXXX consumer reporting agency 's Experian, XXXX and XXXX ample amounts of time to investigate and as well re-investigate these accounts multiple times to no avail. multiple pieces are still wrong on all accounts i have demanded for them to be removed and after multiple attempts by LAW if the account is inaccurate given by FCRA thirty ( 30 ) days must be removed if not accurate i have kept letter of all attempts is has now been well over ninety ( 90 ) days since first investigation and still reflecting negative and wrong information. FULL disclosure I will use this complaint as my 3rd and final attempt to remove these accounts off my consumer report as this is affecting my family, mode of living and my quality of life. I have attempted to obtain credit and due to this wrong information that has not been accurately verified i continue to suffer due to the reporting agency 's and creditor ignorance to this important matter. I hereby exercise the below guideline set out by the FCRA and demand this be removed. I also added attachments for the accounts being referenced in this complaint.\n\n15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.\n\n( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.\n\n( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address.\n\n( D ) Definition For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information.\n\n( E ) Rehabilitation of private education loans ( i ) In general Notwithstanding any other provision of this section, a consumer may request a financial institution to remove from a consumer report a reported default regarding a private education loan, and such information shall not be considered inaccurate, if ( I ) the financial institution chooses to offer a loan rehabilitation program which includes, without limitation, a requirement of the consumer to make consecutive on-time monthly payments in a number that demonstrates, in the assessment of the financial institution offering the loan rehabilitation program, a renewed ability and willingness to repay the loan ; and ( II ) the requirements of the loan rehabilitation program described in subclause ( I ) are successfully met.\n\n( ii ) Banking agencies ( I ) In general If a financial institution is supervised by a Federal banking agency, the financial institution shall seek written approval concerning the terms and conditions of the loan rehabilitation program described in clause ( i ) from the appropriate Federal banking agency.\n\n( II ) Feedback An appropriate Federal banking agency shall provide feedback to a financial institution within 120 days of a request for approval under subclause ( I ).\n\n( iii ) Limitation ( I ) In general A consumer may obtain the benefits available under this subsection with respect to rehabilitating a loan only 1 time per loan.\n\n( II ) Rule of construction Nothing in this subparagraph may be construed to require a financial institution to offer a loan rehabilitation program or to remove any reported default from a consumer report as a consideration of a loan rehabilitation program, except as described in clause ( i ).\n\n( iv ) Definitions For purposes of this subparagraph ( I ) the term appropriate Federal banking agency has the meaning given the term in section 1813 of title 12 ; and ( II ) the term private education loan has the meaning given the term in section 1650 ( a ) of this title. \n( F ) Reporting information during XXXX pandemic ( i ) Definitions In this subsection : ( I ) Accommodation The term accommodation includes an agreement to defer XXXX or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief granted to a consumer who is affected by the coronavirus XXXX XXXX ( XXXX ) pandemic during the covered period. \n\n( XXXX ) Covered period The term covered period means the period beginning on XX/XX/XXXX and ending on the later of ( aa ) 120 days after XX/XX/XXXX ; or ( XXXX ) 120 days after the date on which the national emergency concerning the novel coronavirus XXXX ( XXXX ) outbreak declared by the President on XX/XX/XXXX under the National Emergencies XXXX ( XXXX XXXX. XXXX et seq. ) terminates. \n( ii ) Reporting Except as provided in clause ( iii ), if a furnisher makes an accommodation with respect to 1 or more payments on a credit obligation or account of a consumer, and the consumer makes the payments or is not required to make 1 or more payments pursuant to the accommodation, the furnisher shall ( I ) report the credit obligation or account as current; or ( II ) if the credit obligation or account was delinquent before the accommodation ( aa ) maintain the delinquent status during the period in which the accommodation is in effect; and ( bb ) if the consumer brings the credit obligation or account current during the period described in item ( aa ), report the credit obligation or account as current.\n\n( iii ) Exception Clause ( ii ) shall not apply with respect to a credit obligation or account of a consumer that has been charged-off.\n\n( 2 ) Duty to correct and update information A person who ( A ) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the persons transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.\n\n( 3 ) Duty to provide notice of dispute If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.\n\n( 4 ) Duty to provide notice of closed accounts A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed.\n\n( 5 ) Duty to provide notice of delinquency of accounts ( A ) In general A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action.\n\n( B ) Rule of construction For purposes of this paragraph only, and provided that the consumer does not dispute the information, a person that furnishes information on a delinquent account that is placed for collection, charged for profit or loss, or subjected to any similar action, complies with this paragraph, if ( i ) the person reports the same date of delinquency as that provided by the creditor to which the account was owed at the time at which the commencement of the delinquency occurred, if the creditor previously reported that date of delinquency to a consumer reporting agency ; ( ii ) the creditor did not previously report the date of delinquency to a consumer reporting agency, and the person establishes and follows reasonable procedures to obtain the date of delinquency from the creditor or another reliable source and reports that date to a consumer reporting agency as the date of delinquency ; or ( iii ) the creditor did not previously report the date of delinquency to a consumer reporting agency and the date of delinquency can not be reasonably obtained as provided in clause ( ii ), the person establishes and follows reasonable procedures to ensure the date reported as the date of delinquency precedes the date on which the account is placed for collection, charged to profit or loss, or subjected to any similar action, and reports such date to the credit reporting agency.\n\n( 6 ) Duties of furnishers upon notice of identity theft-related information ( A ) Reasonable procedures A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 1681c2 of this title relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information.\n\n( B ) Information alleged to result from identity theft If a consumer submits an identity theft report to a person who furnishes information to a consumer reporting agency at the address specified by that person for receiving such reports stating that information maintained by such person that purports to relate to the consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to any consumer reporting agency, unless the person subsequently knows or is informed by the consumer that the information is correct.\n\n( 7 ) Negative information ( A ) Notice to consumer required ( i ) In general If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 1681a ( p ) of this title furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer. \n\n( ii ) Notice effective for subsequent submissions After providing such notice, the financial institution XXXX submit additional negative information to a consumer reporting agency described in section XXXX ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer. \n\n( B ) Time of notice ( i ) In general The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section XXXX ( p ) of this title. \n\n( ii ) Coordination with new account disclosures If the notice is provided to the customer prior to furnishing the negative information to a consumer reporting agency, the notice XXXX not be included in the initial disclosures provided under section XXXX ( a ) of this title. \n\n( C ) Coordination with other disclosures The notice required under subparagraph ( A ) ( i ) XXXX be included on or with any notice of default, any billing statement, or any other materials provided to the customer; and ( ii ) must be clear and conspicuous. \n( D ) Model disclosure ( i ) Duty of XXXX XXXX XXXX shall prescribe a brief model disclosure that a financial institution XXXX use to comply with subparagraph ( A ), which shall not exceed XXXX words. \n\n( ii ) Use of model not required No provision of this paragraph XXXX be construed to require a financial institution to use any such model form prescribed by the XXXX. \n\n( iii ) Compliance using model A financial institution shall be deemed to be in compliance with subparagraph ( A ) if the financial institution uses any model form prescribed by the XXXX under this subparagraph, or the financial institution uses any such model form and rearranges its format. \n\n( XXXX ) Use of notice without submitting negative information No provision of this paragraph shall be construed as requiring a financial institution that has provided a customer with a notice described in subparagraph ( A ) to furnish negative information about the customer to a consumer reporting agency. \n\n( F ) Safe harbor A financial institution shall not be liable for failure to perform the duties required by this paragraph if, at the time of the failure, the financial institution maintained reasonable policies and procedures to comply with this paragraph or the financial institution reasonably believed that the institution is prohibited, by law, from contacting the consumer. \n\n( G ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Negative information The term negative information means information concerning a customers delinquencies, late payments, insolvency, or any form of default. \n\n( ii ) Customer ; financial institution The terms customer and financial institution have the same meanings as in section XXXX of this title. \n\n( XXXX ) Ability of consumer to dispute information directly with furnisher ( A ) In general The XXXX, in consultation with the Federal Trade Commission, the Federal banking agencies, and the XXXX XXXX XXXX XXXX, shall prescribe regulations that shall identify the circumstances under which a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer. \n\n( B ) Considerations In prescribing regulations under subparagraph ( A ), the agencies shall weigh ( i ) the benefits to consumers with the costs on furnishers and the credit reporting system ; ( ii ) the impact on the overall accuracy and integrity of consumer reports of any such requirements ; ( iii ) whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute ; and ( iv ) the potential impact on the credit reporting process if credit repair organizations, as defined in section XXXX ( XXXX ) of this title, including entities that would be a credit repair organization, but for section XXXX ( XXXX ) ( B ) ( i ) of this title, are able to circumvent the prohibition in subparagraph ( G ). \n( C ) Applicability Subparagraphs ( D ) through ( G ) shall apply in any circumstance identified under the regulations promulgated under subparagraph ( A ). \n\n( D ) Submitting a notice of dispute A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that ( i ) identifies the specific information that is being disputed ; ( ii ) explains the basis for the dispute; and ( iii ) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute. \n( XXXX ) Duty of person after receiving notice of dispute After receiving a notice of dispute from a consumer pursuant to subparagraph ( D ), the person that provided the information in dispute to a consumer reporting agency shall ( i ) conduct an investigation with respect to the disputed information ; ( ii ) review all relevant information provided by the consumer with the notice ; ( iii ) complete such persons investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section XXXX ( a ) ( XXXX ) of this title within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and ( iv ) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate. \n( F ) Frivolous or irrelevant dispute ( i ) In general This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including ( I ) by reason of the failure of a consumer to provide sufficient information to investigate the disputed information ; or ( II ) the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection ( b ), with respect to which the person has already performed the persons duties under this paragraph or subsection ( b ), as applicable. \n( ii ) Notice of determination Upon making any determination under clause ( i ) that a dispute is frivolous or irrelevant, the person shall notify the consumer of such determination not later than XXXX business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the person. \n\n( iii ) Contents of notice A notice under clause ( XXXX ) shall include ( I ) the reasons for the determination under clause ( i ) ; and ( II ) identification of any information required to investigate the disputed information, which XXXX consist of a standardized form describing the general nature of such information. \n( G ) Exclusion of credit repair organizations This paragraph shall not apply if the notice of the dispute is submitted by, is prepared on behalf of the consumer by, or is submitted on a form supplied to the consumer by, a credit repair organization, as defined in section XXXX ( XXXX ) of this title, or an entity that would be a credit repair organization, but for section XXXX ( XXXX ) ( B ) ( i ) of this title. \n\n( XXXX ) Duty to provide notice of status as medical information furnisher A person whose primary business is providing XXXX XXXX, products, or devices, or the persons agent or assignee, who furnishes information to a consumer reporting agency on a consumer shall be considered a medical information furnisher for purposes of this subchapter, and shall notify the agency of such status. \n\n( b ) Duties of furnishers of information upon notice of dispute ( XXXX ) In general After receiving notice pursuant to section XXXX ( a ) ( XXXX ) of this title of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall ( A ) conduct an investigation with respect to the disputed information ; ( B ) review all relevant information provided by the consumer reporting agency pursuant to section XXXX ( a ) ( XXXX ) of this title ; ( C ) report the results of the investigation to the consumer reporting agency ; ( D ) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis ; and ( XXXX ) if an item of information disputed by a consumer is found to be inaccurate or incomplete or can not be verified after any reinvestigation under paragraph ( XXXX ), for purposes of reporting to a consumer reporting agency only, as appropriate, based on the results of the reinvestigation promptly ( i ) modify that item of information ; ( ii ) delete that item of information ; or ( iii ) permanently block the reporting of that item of information. \n( XXXX ) Deadline A person shall complete all investigations, reviews, and reports required under paragraph ( XXXX ) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section XXXX ( a ) ( XXXX ) of this title within which the consumer reporting agency is required to complete actions required by that section regarding that information. \n\n( c ) Limitation on liability Except as provided in section XXXX ( c ) ( XXXX ) ( B ) of this title, sections XXXX and XXXX of this title do not apply to any violation of ( XXXX ) subsection ( a ) of this section, including any regulations issued thereunder ; ( XXXX ) subsection ( XXXX ) of this section, except that nothing in this paragraph shall limit, expand, or otherwise affect liability under section XXXX or XXXX of this title, as applicable, for violations of subsection ( b ) of this section; or ( XXXX ) subsection ( XXXX ) of section XXXX of this title. \n( d ) Limitation on enforcement The provisions of law described in paragraphs ( XXXX ) through ( XXXX ) of subsection ( c ) ( other than with respect to the exception described in paragraph ( XXXX ) of subsection ( c ) ) shall be enforced exclusively as provided under section XXXX of this title by the XXXX agencies and officials and the XXXX officials identified in section XXXX of this title. \n\n( XXXX ) Accuracy guidelines and regulations required ( XXXX ) Guidelines The XXXX shall, with respect to persons or entities that are subject to the enforcement authority of the XXXX under section XXXX of this title ( A ) establish and maintain guidelines for use by each person that furnishes information to a consumer reporting agency regarding the accuracy and integrity of the information relating to consumers that such entities furnish to consumer reporting agencies, and update such guidelines as often as necessary ; and ( B ) prescribe regulations requiring each person that furnishes information to a consumer reporting agency to establish reasonable policies and procedures for implementing the guidelines established pursuant to subparagraph ( A ). \n( XXXX ) Criteria In developing the guidelines required by paragraph ( XXXX ) ( A ), the XXXX shall ( A ) identify patterns, practices, and specific forms of activity that can compromise the accuracy and integrity of information furnished to consumer reporting agencies ; ( B ) review the methods ( including technological means ) used to furnish information relating to consumers to consumer reporting agencies ; ( C ) determine whether persons that furnish information to consumer reporting agencies maintain and enforce policies to ensure the accuracy and integrity of information furnished to consumer reporting agencies ; and ( D ) examine the policies and processes that persons that furnish information to consumer reporting agencies employ to conduct reinvestigations and correct inaccurate information relating to consumers that has been furnished to consumer reporting agencies. \n\nACCOUNTS inaccurately being reported : XXXX XXXX account # 's XXXX and XXXX","date_sent_to_company":"2024-07-09T14:55:02.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"91752","tags":null,"has_narrative":true,"complaint_id":"9465045","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-07-09T14:27:16.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["( ii ) Notice <em>effective</em> for subsequent submissions After <em>providing</em> such notice, the financial institution XXXX submit additional negative information to a consumer reporting agency described in section XXXX ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without <em>providing</em> additional notice to the customer."]},"sort":[6.036333,"9465045"]},{"_index":"complaint-public-v1","_id":"8868046","_score":6.036333,"_source":{"product":"Credit card","complaint_what_happened":"XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX I HAVE SENT THIS COMPANY A CEASE AND DESIST THIS COMPANY HAS REFUSED TO ADHERE TO THE FEDERAL GUIDE LINES BY IGNORING MY REQUEST IN MY ATTEMPTS TO RESOLVE THIS MATTER THE COMPANY HAS ALSO BEEN FOUND TO IMPOSE AS A COLLECTION AGENCY WHEN IT IS LISTED THAT THIS COMPANY IS NOT LEGALLY BINDED AND OR INSURED TO COLLECT IN THE STATE OF CALIFORNIA. PLEASE HAVE THIS COMPANY CEASE ALL COLLECTION ACTIVITIES THIS IS MY LAST ATTEMT TO COMPLAIN OUTSIDE OF COURT. \n\n15 U.S. Code 1601- Congressional findings and declaration of purpose ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices.\n\n( b ) Terms of personal property leases The Congress also finds that there has been a recent trend toward leasing automobiles and other durable goods for consumer use as an alternative to installment credit sales and that these leases have been offered without adequate cost disclosures. It is the purpose of this subchapter to assure a meaningful disclosure of the terms of leases of personal property for personal, family, or household purposes so as to enable the lessee to compare more readily the various lease terms available to him, limit balloon payments in consumer leasing, enable comparison of lease terms with credit terms where appropriate, and to assure meaningful and accurate disclosures of lease terms in advertisements.\n\n15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.\n\n( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.\n\n( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address.\n\n( D ) Definition For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information.\n\n( E ) Rehabilitation of private education loans ( i ) In general Notwithstanding any other provision of this section, a consumer may request a financial institution to remove from a consumer report a reported default regarding a private education loan, and such information shall not be considered inaccurate, if ( I ) the financial institution chooses to offer a loan rehabilitation program which includes, without limitation, a requirement of the consumer to make consecutive on-time monthly payments in a number that demonstrates, in the assessment of the financial institution offering the loan rehabilitation program, a renewed ability and willingness to repay the loan ; and ( II ) the requirements of the loan rehabilitation program described in subclause ( I ) are successfully met.\n\n( ii ) Banking agencies ( I ) In general If a financial institution is supervised by a Federal banking agency, the financial institution shall seek written approval concerning the terms and conditions of the loan rehabilitation program described in clause ( i ) from the appropriate Federal banking agency.\n\n( II ) Feedback An appropriate Federal banking agency shall provide feedback to a financial institution within 120 days of a request for approval under subclause ( I ).\n\n( iii ) Limitation ( I ) In general A consumer may obtain the benefits available under this subsection with respect to rehabilitating a loan only 1 time per loan.\n\n( II ) Rule of construction Nothing in this subparagraph may be construed to require a financial institution to offer a loan rehabilitation program or to remove any reported default from a consumer report as a consideration of a loan rehabilitation program, except as described in clause ( i ).\n\n( iv ) Definitions For purposes of this subparagraph ( I ) the term appropriate Federal banking agency has the meaning given the term in section 1813 of title 12 ; and ( II ) the term private education loan has the meaning given the term in section 1650 ( a ) of this title. \n( F ) Reporting information during XXXX pandemic ( i ) Definitions In this subsection : ( I ) Accommodation The term accommodation includes an agreement to defer XXXX or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief granted to a consumer who is affected by the coronavirus XXXX XXXX ( XXXX ) pandemic during the covered period. \n\n( XXXX ) Covered period The term covered period means the period beginning on XX/XX/XXXX and ending on the later of ( aa ) 120 days after XX/XX/XXXX ; or ( XXXX ) 120 days after the date on which the national emergency concerning the novel coronavirus XXXX ( XXXX ) outbreak declared by the President on XX/XX/XXXX under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) terminates.\n\n( ii ) Reporting Except as provided in clause ( iii ), if a furnisher makes an accommodation with respect to 1 or more payments on a credit obligation or account of a consumer, and the consumer makes the payments or is not required to make 1 or more payments pursuant to the accommodation, the furnisher shall ( I ) report the credit obligation or account as current; or ( II ) if the credit obligation or account was delinquent before the accommodation ( aa ) maintain the delinquent status during the period in which the accommodation is in effect; and ( bb ) if the consumer brings the credit obligation or account current during the period described in item ( aa ), report the credit obligation or account as current.\n\n( iii ) Exception Clause ( ii ) shall not apply with respect to a credit obligation or account of a consumer that has been charged-off.\n\n( 2 ) Duty to correct and update information A person who ( A ) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the persons transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.\n\n( 3 ) Duty to provide notice of dispute If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.\n\n( 4 ) Duty to provide notice of closed accounts A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed.\n\n( 5 ) Duty to provide notice of delinquency of accounts ( A ) In general A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action.\n\n( B ) Rule of construction For purposes of this paragraph only, and provided that the consumer does not dispute the information, a person that furnishes information on a delinquent account that is placed for collection, charged for profit or loss, or subjected to any similar action, complies with this paragraph, if ( i ) the person reports the same date of delinquency as that provided by the creditor to which the account was owed at the time at which the commencement of the delinquency occurred, if the creditor previously reported that date of delinquency to a consumer reporting agency ; ( ii ) the creditor did not previously report the date of delinquency to a consumer reporting agency, and the person establishes and follows reasonable procedures to obtain the date of delinquency from the creditor or another reliable source and reports that date to a consumer reporting agency as the date of delinquency ; or ( iii ) the creditor did not previously report the date of delinquency to a consumer reporting agency and the date of delinquency can not be reasonably obtained as provided in clause ( ii ), the person establishes and follows reasonable procedures to ensure the date reported as the date of delinquency precedes the date on which the account is placed for collection, charged to profit or loss, or subjected to any similar action, and reports such date to the credit reporting agency.\n\n( 6 ) Duties of furnishers upon notice of identity theft-related information ( A ) Reasonable procedures A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 1681c2 of this title relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information.\n\n( B ) Information alleged to result from identity theft If a consumer submits an identity theft report to a person who furnishes information to a consumer reporting agency at the address specified by that person for receiving such reports stating that information maintained by such person that purports to relate to the consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to any consumer reporting agency, unless the person subsequently knows or is informed by the consumer that the information is correct.\n\n( 7 ) Negative information ( A ) Notice to consumer required ( i ) In general If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 1681a ( p ) of this title furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer.\n\n( ii ) Notice effective for subsequent submissions After providing such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 1681a ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer.\n\n( B ) Time of notice ( i ) In general The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 1681a ( p ) of this title.\n\n( ii ) Coordination with new account disclosures If the notice is provided to the customer prior to furnishing the negative information to a consumer reporting agency, the notice may not be included in the initial disclosures provided under section 1637 ( a ) of this title.\n\n( C ) Coordination with other disclosures The notice required under subparagraph ( A ) ( i ) may be included on or with any notice of default, any billing statement, or any other materials provided to the customer; and ( ii ) must be clear and conspicuous.\n\n( D ) Model disclosure ( i ) Duty of Bureau The Bureau shall prescribe a brief model disclosure that a financial institution may use to comply with subparagraph ( A ), which shall not exceed 30 words.\n\n( ii ) Use of model not required No provision of this paragraph may be construed to require a financial institution to use any such model form prescribed by the Bureau.\n\n( iii ) Compliance using model A financial institution shall be deemed to be in compliance with subparagraph ( A ) if the financial institution uses any model form prescribed by the Bureau under this subparagraph, or the financial institution uses any such model form and rearranges its format.\n\n( E ) Use of notice without submitting negative information No provision of this paragraph shall be construed as requiring a financial institution that has provided a customer with a notice described in subparagraph ( A ) to furnish negative information about the customer to a consumer reporting agency.\n\n( F ) Safe harbor A financial institution shall not be liable for failure to perform the duties required by this paragraph if, at the time of the failure, the financial institution maintained reasonable policies and procedures to comply with this paragraph or the financial institution reasonably believed that the institution is prohibited, by law, from contacting the consumer.\n\n( G ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Negative information The term negative information means information concerning a customers delinquencies, late payments, insolvency, or any form of default.\n\n( ii ) Customer ; financial institution The terms customer and financial institution have the same meanings as in section 6809 of this title.\n\n( 8 ) Ability of consumer to dispute information directly with furnisher ( A ) In general The Bureau, in consultation with the Federal Trade Commission, the Federal banking agencies, and the National Credit Union Administration, shall prescribe regulations that shall identify the circumstances under which a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer.\n\n( B ) Considerations In prescribing regulations under subparagraph ( A ), the agencies shall weigh ( i ) the benefits to consumers with the costs on furnishers and the credit reporting system ; ( ii ) the impact on the overall accuracy and integrity of consumer reports of any such requirements ; ( iii ) whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute ; and ( iv ) the potential impact on the credit reporting process if credit repair organizations, as defined in section 1679a ( 3 ) of this title, including entities that would be a credit repair organization, but for section 1679a ( 3 ) ( B ) ( i ) of this title, are able to circumvent the prohibition in subparagraph ( G ).\n\n( C ) Applicability Subparagraphs ( D ) through ( G ) shall apply in any circumstance identified under the regulations promulgated under subparagraph ( A ).\n\n( D ) Submitting a notice of dispute A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that ( i ) identifies the specific information that is being disputed ; ( ii ) explains the basis for the dispute; and ( iii ) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute.\n\n( E ) Duty of person after receiving notice of dispute After receiving a notice of dispute from a consumer pursuant to subparagraph ( D ), the person that provided the information in dispute to a consumer reporting agency shall ( i ) conduct an investigation with respect to the disputed information ; ( ii ) review all relevant information provided by the consumer with the notice ; ( iii ) complete such persons investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and ( iv ) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate.\n\n( F ) Frivolous or irrelevant dispute ( i ) In general This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including ( I ) by reason of the failure of a consumer to provide sufficient information to investigate the disputed information ; or ( II ) the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection ( b ), with respect to which the person has already performed the persons duties under this paragraph or subsection ( b ), as applicable.\n\n( ii ) Notice of determination Upon making any determination under clause ( i ) that a dispute is frivolous or irrelevant, the person shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the person.\n\n( iii ) Contents of notice A notice under clause ( ii ) shall include ( I ) the reasons for the determination under clause ( i ) ; and ( II ) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information.\n\n( G ) Exclusion of credit repair organizations This paragraph shall not apply if the notice of the dispute is submitted by, is prepared on behalf of the consumer by, or is submitted on a form supplied to the consumer by, a credit repair organization, as defined in section 1679a ( 3 ) of this title, or an entity that would be a credit repair organization, but for section 1679a ( 3 ) ( B ) ( i ) of this title.\n\n( 9 ) Duty to provide notice of status as medical information furnisher A person whose primary business is providing medical services, products, or devices, or the persons agent or assignee, who furnishes information to a consumer reporting agency on a consumer shall be considered a medical information furnisher for purposes of this subchapter, and shall notify the agency of such status.\n\n( b ) Duties of furnishers of information upon notice of dispute ( 1 ) In general After receiving notice pursuant to section 1681i ( a ) ( 2 ) of this title of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall ( A ) conduct an investigation with respect to the disputed information ; ( B ) review all relevant information provided by the consumer reporting agency pursuant to section 1681i ( a ) ( 2 ) of this title ; ( C ) report the results of the investigation to the consumer reporting agency ; ( D ) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis ; and ( E ) if an item of information disputed by a consumer is found to be inaccurate or incomplete or can not be verified after any reinvestigation under paragraph ( 1 ), for purposes of reporting to a consumer reporting agency only, as appropriate, based on the results of the reinvestigation promptly ( i ) modify that item of information ; ( ii ) delete that item of information ; or ( iii ) permanently block the reporting of that item of information.\n\n( 2 ) Deadline A person shall complete all investigations, reviews, and reports required under paragraph ( 1 ) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which the consumer reporting agency is required to complete actions required by that section regarding that information.\n\n( c ) Limitation on liability Except as provided in section 1681s ( c ) ( 1 ) ( B ) of this title, sections 1681n and 1681o of this title do not apply to any violation of ( 1 ) subsection ( a ) of this section, including any regulations issued thereunder ; ( 2 ) subsection ( e ) of this section, except that nothing in this paragraph shall limit, expand, or otherwise affect liability under section 1681n or 1681o of this title, as applicable, for violations of subsection ( b ) of this section; or ( 3 ) subsection ( e ) of section 1681m of this title.\n\n( d ) Limitation on enforcement The provisions of law described in paragraphs ( 1 ) through ( 3 ) of subsection ( c ) ( other than with respect to the exception described in paragraph ( 2 ) of subsection ( c ) ) shall be enforced exclusively as provided under section 1681s of this title by the Federal agencies and officials and the State officials identified in section 1681s of this title.\n\n( e ) Accuracy guidelines and regulations required ( 1 ) Guidelines The Bureau shall, with respect to persons or entities that are subject to the enforcement authority of the Bureau under section 1681s of this title ( A ) establish and maintain guidelines for use by each person that furnishes information to a consumer reporting agency regarding the accuracy and integrity of the information relating to consumers that such entities furnish to consumer reporting agencies, and update such guidelines as often as necessary ; and ( B ) prescribe regulations requiring each person that furnishes information to a consumer reporting agency to establish reasonable policies and procedures for implementing the guidelines established pursuant to subparagraph ( A ).\n\n( 2 ) Criteria In developing the guidelines required by paragraph ( 1 ) ( A ), the Bureau shall ( A ) identify patterns, practices, and specific forms of activity that can compromise the accuracy and integrity of information furnished to consumer reporting agencies ; ( B ) review the methods ( including technological means ) used to furnish information relating to consumers to consumer reporting agencies ; ( C ) determine whether persons that furnish information to consumer reporting agencies maintain and enforce policies to ensure the accuracy and integrity of information furnished to consumer reporting agencies ; and ( D ) examine the policies and processes that persons that furnish information to consumer reporting agencies employ to conduct reinvestigations and correct inaccurate information relating to consumers that has been furnished to consumer reporting agencies.","date_sent_to_company":"2024-04-26T22:45:06.000Z","issue":"Closing your account","sub_product":"General-purpose credit card or charge card","zip_code":"94585","tags":null,"has_narrative":true,"complaint_id":"8868046","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-04-26T22:31:09.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Company closed your account"},"highlight":{"complaint_what_happened":["( ii ) Notice <em>effective</em> for subsequent submissions After <em>providing</em> such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 1681a ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without <em>providing</em> additional notice to the customer."]},"sort":[6.036333,"8868046"]},{"_index":"complaint-public-v1","_id":"9464363","_score":6.0347834,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"in looking at my credit consumer report I have attempted to have the consumer credit reporting agency 's TransUnion and XXXX correct and update my account status of the below accounts to \" current on time, never late and remove any and all derogatory/delinquent reporting payment history and any and all derogatory/delinquent remarks '' to my credit report my consumer report. \n\nWhat am i requesting? \nUpdate all closed XXXX accounts to agreed paid on time/never late What is it showing? \ncurrently reports are showing late payments and derogatory remarks indicating late payments or delinquent accounts which is keeping me from obtaining a mortgage and credit. this has greatly impacted my family, mode of living and affected me mentally causing XXXX as these remarks and inaccurate information is impacting my way of living immensely. \n\ni have already given the company numerous attempts to correct and update these accounts and they have knowingly failed to due so. XXXX has already adjusted my accounts and removed all NEGATIVE information. Both Transunion and XXXX have assumed a VITAL role in reporting accurate information and have failed a proper instigation this is my LAST AND FINAL attempt to have accounts adjusted and UPDATED to remove all NEGATIVE information including any missed payments and NEGATIVE remarks regarding the accounts listed below. \n\nU.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. ( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address. ( D ) Definition For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information. ( E ) Rehabilitation of private education loans ( i ) In general Notwithstanding any other provision of this section, a consumer may request a financial institution to remove from a consumer report a reported default regarding a private education loan, and such information shall not be considered inaccurate, if ( I ) the financial institution chooses to offer a loan rehabilitation program which includes, without limitation, a requirement of the consumer to make consecutive on-time monthly payments in a number that demonstrates, in the assessment of the financial institution offering the loan rehabilitation program, a renewed ability and willingness to repay the loan ; and ( II ) the requirements of the loan rehabilitation program described in subclause ( I ) are successfully met. ( ii ) Banking agencies ( I ) In general If a financial institution is supervised by a Federal banking agency, the financial institution shall seek written approval concerning the terms and conditions of the loan rehabilitation program described in clause ( i ) from the appropriate Federal banking agency. ( II ) Feedback An appropriate Federal banking agency shall provide feedback to a financial institution within 120 days of a request for approval under subclause ( I ). ( iii ) Limitation ( I ) In general A consumer may obtain the benefits available under this subsection with respect to rehabilitating a loan only 1 time per loan. ( II ) Rule of construction Nothing in this subparagraph may be construed to require a financial institution to offer a loan rehabilitation program or to remove any reported default from a consumer report as a consideration of a loan rehabilitation program, except as described in clause ( i ). ( iv ) Definitions For purposes of this subparagraph ( I ) the term appropriate Federal banking agency has the meaning given the term in section 1813 of title 12 ; and ( II ) the term private education loan has the meaning given the term in section 1650 ( a ) of this title. ( F ) Reporting information during COVID19 pandemic ( i ) Definitions In this subsection : ( I ) Accommodation The term accommodation includes an agreement to defer 1 or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief granted to a consumer who is affected by the coronavirus XXXX XXXX ( XXXX ) pandemic during the covered period. ( XXXX ) Covered period The term covered period means the period beginning on XX/XX/XXXX and ending on the later of ( aa ) 120 days after XX/XX/XXXX ; or ( XXXX ) 120 days after the date on which the national emergency concerning the novel coronavirus XXXX ( XXXX ) outbreak declared by the President on XX/XX/XXXX under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) terminates. ( ii ) Reporting Except as provided in clause ( iii ), if a furnisher makes an accommodation with respect to 1 or more payments on a credit obligation or account of a consumer, and the consumer makes the payments or is not required to make 1 or more payments pursuant to the accommodation, the furnisher shall ( I ) report the credit obligation or account as current; or ( II ) if the credit obligation or account was delinquent before the accommodation ( aa ) maintain the delinquent status during the period in which the accommodation is in effect; and ( bb ) if the consumer brings the credit obligation or account current during the period described in item ( aa ), report the credit obligation or account as current. ( iii ) Exception Clause ( ii ) shall not apply with respect to a credit obligation or account of a consumer that has been charged-off. ( 2 ) Duty to correct and update information A person who ( A ) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the persons transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate. ( 3 ) Duty to provide notice of dispute If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. ( 4 ) Duty to provide notice of closed accounts A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed. ( 5 ) Duty to provide notice of delinquency of accounts ( A ) In general A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action. ( B ) Rule of construction For purposes of this paragraph only, and provided that the consumer does not dispute the information, a person that furnishes information on a delinquent account that is placed for collection, charged for profit or loss, or subjected to any similar action, complies with this paragraph, if ( i ) the person reports the same date of delinquency as that provided by the creditor to which the account was owed at the time at which the commencement of the delinquency occurred, if the creditor previously reported that date of delinquency to a consumer reporting agency ; ( ii ) the creditor did not previously report the date of delinquency to a consumer reporting agency, and the person establishes and follows reasonable procedures to obtain the date of delinquency from the creditor or another reliable source and reports that date to a consumer reporting agency as the date of delinquency ; or ( iii ) the creditor did not previously report the date of delinquency to a consumer reporting agency and the date of delinquency can not be reasonably obtained as provided in clause ( ii ), the person establishes and follows reasonable procedures to ensure the date reported as the date of delinquency precedes the date on which the account is placed for collection, charged to profit or loss, or subjected to any similar action, and reports such date to the credit reporting agency. ( 6 ) Duties of furnishers upon notice of identity theft-related information ( A ) Reasonable procedures A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 1681c2 of this title relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information. ( B ) Information alleged to result from identity theft If a consumer submits an identity theft report to a person who furnishes information to a consumer reporting agency at the address specified by that person for receiving such reports stating that information maintained by such person that purports to relate to the consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to any consumer reporting agency, unless the person subsequently knows or is informed by the consumer that the information is correct. ( 7 ) Negative information ( A ) Notice to consumer required ( i ) In general If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 1681a ( p ) of this title furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer. ( ii ) Notice effective for subsequent submissions After providing such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 1681a ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer. ( B ) Time of notice ( i ) In general The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 1681a ( p ) of this title. ( ii ) Coordination with new account disclosures If the notice is provided to the customer prior to furnishing the negative information to a consumer reporting agency, the notice may not be included in the initial disclosures provided under section 1637 ( a ) of this title. ( C ) Coordination with other disclosures The notice required under subparagraph ( A ) ( i ) may be included on or with any notice of default, any billing statement, or any other materials provided to the customer; and ( ii ) must be clear and conspicuous. ( D ) Model disclosure ( i ) Duty of Bureau The Bureau shall prescribe a brief model disclosure that a financial institution may use to comply with subparagraph ( A ), which shall not exceed 30 words. ( ii ) Use of model not required No provision of this paragraph may be construed to require a financial institution to use any such model form prescribed by the Bureau. ( iii ) Compliance using model A financial institution shall be deemed to be in compliance with subparagraph ( A ) if the financial institution uses any model form prescribed by the Bureau under this subparagraph, or the financial institution uses any such model form and rearranges its format. ( E ) Use of notice without submitting negative information No provision of this paragraph shall be construed as requiring a financial institution that has provided a customer with a notice described in subparagraph ( A ) to furnish negative information about the customer to a consumer reporting agency. ( F ) Safe harbor A financial institution shall not be liable for failure to perform the duties required by this paragraph if, at the time of the failure, the financial institution maintained reasonable policies and procedures to comply with this paragraph or the financial institution reasonably believed that the institution is prohibited, by law, from contacting the consumer. ( G ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Negative information The term negative information means information concerning a customers delinquencies, late payments, insolvency, or any form of default. ( ii ) Customer ; financial institution The terms customer and financial institution have the same meanings as in section 6809 of this title. ( 8 ) Ability of consumer to dispute information directly with furnisher ( A ) In general The Bureau, in consultation with the Federal Trade Commission, the Federal banking agencies, and the National Credit Union Administration, shall prescribe regulations that shall identify the circumstances under which a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer. ( B ) Considerations In prescribing regulations under subparagraph ( A ), the agencies shall weigh ( i ) the benefits to consumers with the costs on furnishers and the credit reporting system ; ( ii ) the impact on the overall accuracy and integrity of consumer reports of any such requirements ; ( iii ) whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute ; and ( iv ) the potential impact on the credit reporting process if credit repair organizations, as defined in section 1679a ( 3 ) of this title, including entities that would be a credit repair organization, but for section 1679a ( 3 ) ( B ) ( i ) of this title, are able to circumvent the prohibition in subparagraph ( G ). ( C ) Applicability Subparagraphs ( D ) through ( G ) shall apply in any circumstance identified under the regulations promulgated under subparagraph ( A ). ( D ) Submitting a notice of dispute A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that ( i ) identifies the specific information that is being disputed ; ( ii ) explains the basis for the dispute; and ( iii ) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute. ( E ) Duty of person after receiving notice of dispute After receiving a notice of dispute from a consumer pursuant to subparagraph ( D ), the person that provided the information in dispute to a consumer reporting agency shall ( i ) conduct an investigation with respect to the disputed information ; ( ii ) review all relevant information provided by the consumer with the notice ; ( iii ) complete such persons investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and ( iv ) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate. ( F ) Frivolous or irrelevant dispute ( i ) In general This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including ( I ) by reason of the failure of a consumer to provide sufficient information to investigate the disputed information ; or ( II ) the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection ( b ), with respect to which the person has already performed the persons duties under this paragraph or subsection ( b ), as applicable. ( ii ) Notice of determination Upon making any determination under clause ( i ) that a dispute is frivolous or irrelevant, the person shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the person. ( iii ) Contents of notice A notice under clause ( ii ) shall include ( I ) the reasons for the determination under clause ( i ) ; and ( II ) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information. ( G ) Exclusion of credit repair organizations This paragraph shall not apply if the notice of the dispute is submitted by, is prepared on behalf of the consumer by, or is submitted on a form supplied to the consumer by, a credit repair organization, as defined in section 1679a ( 3 ) of this title, or an entity that would be a credit repair organization, but for section 1679a ( 3 ) ( B ) ( i ) of this title. ( 9 ) Duty to provide notice of status as medical information furnisher A person whose primary business is providing medical services, products, or devices, or the persons agent or assignee, who furnishes information to a consumer reporting agency on a consumer shall be considered a medical information furnisher for purposes of this subchapter, and shall notify the agency of such status. ( b ) Duties of furnishers of information upon notice of dispute ( 1 ) In general After receiving notice pursuant to section 1681i ( a ) ( 2 ) of this title of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall ( A ) conduct an investigation with respect to the disputed information ; ( B ) review all relevant information provided by the consumer reporting agency pursuant to section 1681i ( a ) ( 2 ) of this title ; ( C ) report the results of the investigation to the consumer reporting agency ; ( D ) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis ; and ( E ) if an item of information disputed by a consumer is found to be inaccurate or incomplete or can not be verified after any reinvestigation under paragraph ( 1 ), for purposes of reporting to a consumer reporting agency only, as appropriate, based on the results of the reinvestigation promptly ( i ) modify that item of information ; ( ii ) delete that item of information ; or ( iii ) permanently block the reporting of that item of information. ( 2 ) Deadline A person shall complete all investigations, reviews, and reports required under paragraph ( 1 ) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which the consumer reporting agency is required to complete actions required by that section regarding that information. ( c ) Limitation on liability Except as provided in section 1681s ( c ) ( 1 ) ( B ) of this title, sections 1681n and 1681o of this title do not apply to any violation of ( 1 ) subsection ( a ) of this section, including any regulations issued thereunder ; ( 2 ) subsection ( e ) of this section, except that nothing in this paragraph shall limit, expand, or otherwise affect liability under section 1681n or 1681o of this title, as applicable, for violations of subsection ( b ) of this section; or ( 3 ) subsection ( e ) of section 1681m of this title. ( d ) Limitation on enforcement The provisions of law described in paragraphs ( 1 ) through ( 3 ) of subsection ( c ) ( other than with respect to the exception described in paragraph ( 2 ) of subsection ( c ) ) shall be enforced exclusively as provided under section 1681s of this title by the Federal agencies and officials and the State officials identified in section 1681s of this title. ( e ) Accuracy guidelines and regulations required ( 1 ) Guidelines The Bureau shall, with respect to persons or entities that are subject to the enforcement authority of the Bureau under section 1681s of this title ( A ) establish and maintain guidelines for use by each person that furnishes information to a consumer reporting agency regarding the accuracy and integrity of the information relating to consumers that such entities furnish to consumer reporting agencies, and update such guidelines as often as necessary ; and ( B ) prescribe regulations requiring each person that furnishes information to a consumer reporting agency to establish reasonable policies and procedures for implementing the guidelines established pursuant to subparagraph ( A ). ( 2 ) Criteria In developing the guidelines required by paragraph ( 1 ) ( A ), the Bureau shall ( A ) identify patterns, practices, and specific forms of activity that can compromise the accuracy and integrity of information furnished to consumer reporting agencies ; ( B ) review the methods ( including technological means ) used to furnish information relating to consumers to consumer reporting agencies ; ( C ) determine whether persons that furnish information to consumer reporting agencies maintain and enforce policies to ensure the accuracy and integrity of information furnished to consumer reporting agencies ; and ( D ) examine the policies and processes that persons that furnish information to consumer reporting agencies employ to conduct reinvestigations and correct inaccurate information relating to consumers that has been furnished to consumer reporting agencies. ACCOUNTS inaccurately being reported : Accounts # XXXX, XXXX, XXXX, XXXX, XXXX","date_sent_to_company":"2024-07-09T16:26:56.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"91752","tags":null,"has_narrative":true,"complaint_id":"9464363","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-07-09T16:09:09.000Z","state":"CA","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":["Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of <em>errors</em> A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. ( B ) Reporting information after notice and confirmation of <em>errors</em> A"]},"sort":[6.0347834,"9464363"]},{"_index":"complaint-public-v1","_id":"9464198","_score":6.0305023,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"in looking at my credit consumer report I have attempted to have the consumer credit reporting agency 's XXXX and Equifax correct and update my account status of the below accounts to \" current on time, never late and remove any and all derogatory/delinquent reporting payment history and any and all derogatory/delinquent remarks '' to my credit report my consumer report. \n\nWhat am i requesting? \nUpdate all closed XXXX accounts to agreed paid on time/never late What is it showing? \ncurrently reports are showing late payments and derogatory remarks indicating late payments or delinquent accounts which is keeping me from obtaining a mortgage and credit. this has greatly impacted my family, mode of living and affected me mentally causing XXXX as these remarks and inaccurate information is impacting my way of living immensely. \n\ni have already given the company numerous attempts to correct and update these accounts and they have knowingly failed to due so. XXXX has already adjusted my accounts and removed all NEGATIVE information. Both XXXX and Equifax have assumed a VITAL role in reporting accurate information and have failed a proper instigation this is my LAST AND FINAL attempt to have accounts adjusted and UPDATED to remove all NEGATIVE information including any missed payments and NEGATIVE remarks regarding the accounts listed below. \n\nU.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. ( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address. ( D ) Definition For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information. ( E ) Rehabilitation of private education loans ( i ) In general Notwithstanding any other provision of this section, a consumer may request a financial institution to remove from a consumer report a reported default regarding a private education loan, and such information shall not be considered inaccurate, if ( I ) the financial institution chooses to offer a loan rehabilitation program which includes, without limitation, a requirement of the consumer to make consecutive on-time monthly payments in a number that demonstrates, in the assessment of the financial institution offering the loan rehabilitation program, a renewed ability and willingness to repay the loan ; and ( II ) the requirements of the loan rehabilitation program described in subclause ( I ) are successfully met. ( ii ) Banking agencies ( I ) In general If a financial institution is supervised by a Federal banking agency, the financial institution shall seek written approval concerning the terms and conditions of the loan rehabilitation program described in clause ( i ) from the appropriate Federal banking agency. ( II ) Feedback An appropriate Federal banking agency shall provide feedback to a financial institution within 120 days of a request for approval under subclause ( I ). ( iii ) Limitation ( I ) In general A consumer may obtain the benefits available under this subsection with respect to rehabilitating a loan only 1 time per loan. ( II ) Rule of construction Nothing in this subparagraph may be construed to require a financial institution to offer a loan rehabilitation program or to remove any reported default from a consumer report as a consideration of a loan rehabilitation program, except as described in clause ( i ). ( iv ) Definitions For purposes of this subparagraph ( I ) the term appropriate Federal banking agency has the meaning given the term in section 1813 of title 12 ; and ( II ) the term private education loan has the meaning given the term in section 1650 ( a ) of this title. ( F ) Reporting information during COVID19 pandemic ( i ) Definitions In this subsection : ( I ) Accommodation The term accommodation includes an agreement to defer XXXX or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief granted to a consumer who is affected by the coronavirus XXXX XXXX ( XXXX ) pandemic during the covered period. ( XXXX ) Covered period The term covered period means the period beginning on XX/XX/XXXX and ending on the later of ( aa ) 120 days after XX/XX/XXXX ; or ( XXXX ) 120 days after the date on which the national emergency concerning the novel coronavirus XXXX ( XXXX ) outbreak declared by the President on XX/XX/XXXX under the National Emergencies XXXX ( XXXX XXXX. XXXX et seq. ) terminates. ( ii ) Reporting Except as provided in clause ( XXXX ), if a furnisher makes an accommodation with respect to XXXX or more payments on a credit obligation or account of a consumer, and the consumer makes the payments or is not required to make XXXX or more payments pursuant to the accommodation, the furnisher shall ( I ) report the credit obligation or account as current; or ( XXXX ) if the credit obligation or account was delinquent before the accommodation ( aa ) maintain the delinquent status during the period in which the accommodation is in effect; and ( bb ) if the consumer brings the credit obligation or account current during the period described in item ( aa ), report the credit obligation or account as current. ( iii ) Exception Clause ( ii ) shall not apply with respect to a credit obligation or account of a consumer that has been charged-off. ( XXXX ) Duty to correct and update information A person who ( A ) regularly and in the ordinary course of business furnishes information to XXXX or more consumer reporting agencies about the persons transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate. ( 3 ) Duty to provide notice of dispute If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. ( 4 ) Duty to provide notice of closed accounts A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed. ( 5 ) Duty to provide notice of delinquency of accounts ( A ) In general A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action. ( B ) Rule of construction For purposes of this paragraph only, and provided that the consumer does not dispute the information, a person that furnishes information on a delinquent account that is placed for collection, charged for profit or loss, or subjected to any similar action, complies with this paragraph, if ( i ) the person reports the same date of delinquency as that provided by the creditor to which the account was owed at the time at which the commencement of the delinquency occurred, if the creditor previously reported that date of delinquency to a consumer reporting agency ; ( ii ) the creditor did not previously report the date of delinquency to a consumer reporting agency, and the person establishes and follows reasonable procedures to obtain the date of delinquency from the creditor or another reliable source and reports that date to a consumer reporting agency as the date of delinquency ; or ( iii ) the creditor did not previously report the date of delinquency to a consumer reporting agency and the date of delinquency can not be reasonably obtained as provided in clause ( ii ), the person establishes and follows reasonable procedures to ensure the date reported as the date of delinquency precedes the date on which the account is placed for collection, charged to profit or loss, or subjected to any similar action, and reports such date to the credit reporting agency. ( 6 ) Duties of furnishers upon notice of identity theft-related information ( A ) Reasonable procedures A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 1681c2 of this title relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information. ( B ) Information alleged to result from identity theft If a consumer submits an identity theft report to a person who furnishes information to a consumer reporting agency at the address specified by that person for receiving such reports stating that information maintained by such person that purports to relate to the consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to any consumer reporting agency, unless the person subsequently knows or is informed by the consumer that the information is correct. ( 7 ) Negative information ( A ) Notice to consumer required ( i ) In general If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 1681a ( p ) of this title furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer. ( ii ) Notice effective for subsequent submissions After providing such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 1681a ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer. ( B ) Time of notice ( i ) In general The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 1681a ( p ) of this title. ( ii ) Coordination with new account disclosures If the notice is provided to the customer prior to furnishing the negative information to a consumer reporting agency, the notice may not be included in the initial disclosures provided under section 1637 ( a ) of this title. ( C ) Coordination with other disclosures The notice required under subparagraph ( A ) ( i ) may be included on or with any notice of default, any billing statement, or any other materials provided to the customer; and ( ii ) must be clear and conspicuous. ( D ) Model disclosure ( i ) Duty of Bureau The Bureau shall prescribe a brief model disclosure that a financial institution may use to comply with subparagraph ( A ), which shall not exceed 30 words. ( ii ) Use of model not required No provision of this paragraph may be construed to require a financial institution to use any such model form prescribed by the Bureau. ( iii ) Compliance using model A financial institution shall be deemed to be in compliance with subparagraph ( A ) if the financial institution uses any model form prescribed by the Bureau under this subparagraph, or the financial institution uses any such model form and rearranges its format. ( E ) Use of notice without submitting negative information No provision of this paragraph shall be construed as requiring a financial institution that has provided a customer with a notice described in subparagraph ( A ) to furnish negative information about the customer to a consumer reporting agency. ( F ) Safe harbor A financial institution shall not be liable for failure to perform the duties required by this paragraph if, at the time of the failure, the financial institution maintained reasonable policies and procedures to comply with this paragraph or the financial institution reasonably believed that the institution is prohibited, by law, from contacting the consumer. ( G ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Negative information The term negative information means information concerning a customers delinquencies, late payments, insolvency, or any form of default. ( ii ) Customer ; financial institution The terms customer and financial institution have the same meanings as in section 6809 of this title. ( 8 ) Ability of consumer to dispute information directly with furnisher ( A ) In general The XXXX, in consultation with the Federal Trade Commission, the Federal banking agencies, and the XXXX XXXX XXXX XXXX, shall prescribe regulations that shall identify the circumstances under which a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer. ( B ) Considerations In prescribing regulations under subparagraph ( A ), the agencies shall weigh ( i ) the benefits to consumers with the costs on furnishers and the credit reporting system ; ( ii ) the impact on the overall accuracy and integrity of consumer reports of any such requirements ; ( iii ) whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute ; and ( iv ) the potential impact on the credit reporting process if credit repair organizations, as defined in section 1679a ( 3 ) of this title, including entities that would be a credit repair organization, but for section 1679a ( 3 ) ( B ) ( i ) of this title, are able to circumvent the prohibition in subparagraph ( G ). ( C ) Applicability Subparagraphs ( D ) through ( G ) shall apply in any circumstance identified under the regulations promulgated under subparagraph ( A ). ( D ) Submitting a notice of dispute A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that ( i ) identifies the specific information that is being disputed ; ( ii ) explains the basis for the dispute; and ( iii ) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute. ( E ) Duty of person after receiving notice of dispute After receiving a notice of dispute from a consumer pursuant to subparagraph ( D ), the person that provided the information in dispute to a consumer reporting agency shall ( i ) conduct an investigation with respect to the disputed information ; ( ii ) review all relevant information provided by the consumer with the notice ; ( iii ) complete such persons investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and ( iv ) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate. ( F ) Frivolous or irrelevant dispute ( i ) In general This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including ( I ) by reason of the failure of a consumer to provide sufficient information to investigate the disputed information ; or ( II ) the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection ( b ), with respect to which the person has already performed the persons duties under this paragraph or subsection ( b ), as applicable. ( ii ) Notice of determination Upon making any determination under clause ( i ) that a dispute is frivolous or irrelevant, the person shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the person. ( iii ) Contents of notice A notice under clause ( ii ) shall include ( I ) the reasons for the determination under clause ( i ) ; and ( II ) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information. ( G ) Exclusion of credit repair organizations This paragraph shall not apply if the notice of the dispute is submitted by, is prepared on behalf of the consumer by, or is submitted on a form supplied to the consumer by, a credit repair organization, as defined in section 1679a ( 3 ) of this title, or an entity that would be a credit repair organization, but for section 1679a ( 3 ) ( B ) ( i ) of this title. ( 9 ) Duty to provide notice of status as medical information furnisher A person whose primary business is providing medical services, products, or devices, or the persons agent or assignee, who furnishes information to a consumer reporting agency on a consumer shall be considered a medical information furnisher for purposes of this subchapter, and shall notify the agency of such status. ( b ) Duties of furnishers of information upon notice of dispute ( 1 ) In general After receiving notice pursuant to section 1681i ( a ) ( 2 ) of this title of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall ( A ) conduct an investigation with respect to the disputed information ; ( B ) review all relevant information provided by the consumer reporting agency pursuant to section 1681i ( a ) ( 2 ) of this title ; ( C ) report the results of the investigation to the consumer reporting agency ; ( D ) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis ; and ( E ) if an item of information disputed by a consumer is found to be inaccurate or incomplete or can not be verified after any reinvestigation under paragraph ( 1 ), for purposes of reporting to a consumer reporting agency only, as appropriate, based on the results of the reinvestigation promptly ( i ) modify that item of information ; ( ii ) delete that item of information ; or ( iii ) permanently block the reporting of that item of information. ( 2 ) Deadline A person shall complete all investigations, reviews, and reports required under paragraph ( 1 ) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which the consumer reporting agency is required to complete actions required by that section regarding that information. ( c ) Limitation on liability Except as provided in section 1681s ( c ) ( 1 ) ( B ) of this title, sections 1681n and 1681o of this title do not apply to any violation of ( 1 ) subsection ( a ) of this section, including any regulations issued thereunder ; ( 2 ) subsection ( e ) of this section, except that nothing in this paragraph shall limit, expand, or otherwise affect liability under section 1681n or 1681o of this title, as applicable, for violations of subsection ( b ) of this section; or ( 3 ) subsection ( e ) of section 1681m of this title. ( d ) Limitation on enforcement The provisions of law described in paragraphs ( 1 ) through ( 3 ) of subsection ( c ) ( other than with respect to the exception described in paragraph ( 2 ) of subsection ( c ) ) shall be enforced exclusively as provided under section 1681s of this title by the Federal agencies and officials and the State officials identified in section 1681s of this title. ( e ) Accuracy guidelines and regulations required ( 1 ) Guidelines The Bureau shall, with respect to persons or entities that are subject to the enforcement authority of the Bureau under section 1681s of this title ( A ) establish and maintain guidelines for use by each person that furnishes information to a consumer reporting agency regarding the accuracy and integrity of the information relating to consumers that such entities furnish to consumer reporting agencies, and update such guidelines as often as necessary ; and ( B ) prescribe regulations requiring each person that furnishes information to a consumer reporting agency to establish reasonable policies and procedures for implementing the guidelines established pursuant to subparagraph ( A ). ( 2 ) Criteria In developing the guidelines required by paragraph ( 1 ) ( A ), the Bureau shall ( A ) identify patterns, practices, and specific forms of activity that can compromise the accuracy and integrity of information furnished to consumer reporting agencies ; ( B ) review the methods ( including technological means ) used to furnish information relating to consumers to consumer reporting agencies ; ( C ) determine whether persons that furnish information to consumer reporting agencies maintain and enforce policies to ensure the accuracy and integrity of information furnished to consumer reporting agencies ; and ( D ) examine the policies and processes that persons that furnish information to consumer reporting agencies employ to conduct reinvestigations and correct inaccurate information relating to consumers that has been furnished to consumer reporting agencies. ACCOUNTS inaccurately being reported : Accounts # XXXX, XXXX, XXXX, XXXX, XXXX","date_sent_to_company":"2024-07-09T16:27:05.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"91752","tags":null,"has_narrative":true,"complaint_id":"9464198","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-07-09T16:27:03.000Z","state":"CA","company_public_response":null,"sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of <em>errors</em> A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. ( B ) Reporting information after notice and confirmation of <em>errors</em> A"]},"sort":[6.0305023,"9464198"]},{"_index":"complaint-public-v1","_id":"4932153","_score":6.0305023,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"XX/XX/XXXX, XXXX, and Equifax. I am disputing the PREVIOUS ADDRESSES that are on my credit reports. Mail me proof that the Previous addresses you have on my credit report are mines. I have not given Permission to and furnisher or debt collector to obtain my addresses. 15 US code 1681b Permissible purpose of consumer reports state that I must give permission in writing or orally. I have NOT given any furnisher OR debt collector my NAME or ADDRESS and PREVIOUS ADDRESSES. MAIL ME PROOF THAT I GAVE WRITTEN CONTENT OR ORAL CONTENT TO ALL ACCOUNTS LISTED ON MY CREDIT REPORT. You are voilating several Fair Credit Reporting Acts. How did these account OBTAIN MY ADDRESS???? 15 U.S. Code 1681a - Definitions ; rules of construction. ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. REMEMBER THIS LAW. 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. \n\n( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. \n( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address. \n\n( D ) Definition For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information. \n\n( E ) Rehabilitation of private education loans ( XXXX ) In general Notwithstanding any other provision of this section, a consumer may request a financial institution to remove from a consumer report a reported default regarding a private education loan, and such information shall not be considered inaccurate, if ( I ) the financial institution chooses to offer a loan rehabilitation program which includes, without limitation, a requirement of the consumer to make consecutive on-time monthly payments in a number that demonstrates, in the assessment of the financial institution offering the loan rehabilitation program, a renewed ability and willingness to repay the loan ; and ( II ) the requirements of the loan rehabilitation program described in subclause ( I ) are successfully met. \n( ii ) Banking agencies ( I ) In general If a financial institution is supervised by a XXXX banking agency, the XXXX XXXX shall seek written approval concerning the terms and conditions of the loan rehabilitation program described in clause ( i ) from the appropriate XXXX banking agency. \n\n( II ) Feedback An appropriate XXXX banking agency shall provide feedback to a financial institution within 120 days of a request for approval under subclause ( I ). \n\n( iii ) Limitation ( I ) In general A consumer may obtain the benefits available under this subsection with respect to rehabilitating a loan only 1 time per loan. \n\n( II ) Rule of construction Nothing in this subparagraph may be construed to require a financial institution to offer a loan rehabilitation program or to remove any reported default from a consumer report as a consideration of a loan rehabilitation program, except as described in clause ( i ). \n\n( iv ) Definitions For purposes of this subparagraph ( I ) the term appropriate XXXX banking agency has the meaning given the term in section 1813 of title 12 ; and ( XXXX ) the term private education loan has the meaning given the term in section 1650 ( a ) of this title. \n( F ) Reporting information during XXXX pandemic ( i ) Definitions In this subsection : ( I ) Accommodation The term accommodation includes an agreement to defer 1 or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief granted to a consumer who is affected by the coronavirus XXXX XXXX ( XXXX ) pandemic during the covered period. \n\n( II ) Covered period The term covered period means the period beginning on XX/XX/XXXX and ending on the later of ( aa ) 120 days after XX/XX/XXXX ; or ( XXXX ) 120 days after the date on which the national emergency concerning the novel coronavirus XXXX ( XXXX ) outbreak declared by the President on XX/XX/XXXX under the National Emergencies XXXX ( 50 U.S.C. 1601 et seq. ) terminates. \n( ii ) Reporting Except as provided in clause ( iii ), if a furnisher makes an accommodation with respect to 1 or more payments on a credit obligation or account of a consumer, and the consumer makes the payments or is not required to make 1 or more payments pursuant to the accommodation, the furnisher shall ( I ) report the credit obligation or account as current; or ( II ) if the credit obligation or account was delinquent before the accommodation ( aa ) maintain the delinquent status during the period in which the accommodation is in effect; and ( bb ) if the consumer brings the credit obligation or account current during the period described in item ( aa ), report the credit obligation or account as current. \n( iii ) Exception Clause ( ii ) shall not apply with respect to a credit obligation or account of a consumer that has been charged-off. \n\n( 2 ) Duty to correct and update information A person who ( A ) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the persons transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate. \n( 3 ) Duty to provide notice of dispute If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. \n\n( 4 ) Duty to provide notice of closed accounts A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed. \n\n( XXXX ) Duty to provide notice of delinquency of accounts ( A ) In general A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action. \n\n( B ) Rule of construction For purposes of this paragraph only, and provided that the consumer does not dispute the information, a person that furnishes information on a delinquent account that is placed for collection, charged for profit or loss, or subjected to any similar action, complies with this paragraph, if ( i ) the person reports the same date of delinquency as that provided by the creditor to which the account was owed at the time at which the commencement of the delinquency occurred, if the creditor previously reported that date of delinquency to a consumer reporting agency ; ( ii ) the creditor did not previously report the date of delinquency to a consumer reporting agency, and the person establishes and follows reasonable procedures to obtain the date of delinquency from the creditor or another reliable source and reports that date to a consumer reporting agency as the date of delinquency ; or ( iii ) the creditor did not previously report the date of delinquency to a consumer reporting agency and the date of delinquency can not be reasonably obtained as provided in clause ( ii ), the person establishes and follows reasonable procedures to ensure the date reported as the date of delinquency precedes the date on which the account is placed for collection, charged to profit or loss, or subjected to any similar action, and reports such date to the credit reporting agency. \n( 6 ) Duties of furnishers upon notice of identity theft-related information ( A ) Reasonable procedures A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 1681c2 of this title relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information. \n\n( B ) Information alleged to result from identity theft If a consumer submits an identity theft report to a person who furnishes information to a consumer reporting agency at the address specified by that person for receiving such reports stating that information maintained by such person that purports to relate to the consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to any consumer reporting agency, unless the person subsequently knows or is informed by the consumer that the information is correct. \n\n( 7 ) Negative information ( A ) Notice to consumer required ( i ) In general If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 1681a ( p ) of this title furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer. \n\n( ii ) Notice effective for subsequent submissions After providing such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 1681a ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer. \n\n( B ) Time of notice ( i ) In general The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 1681a ( p ) of this title. \n\n( ii ) Coordination with new account disclosures If the notice is provided to the customer prior to furnishing the negative information to a consumer reporting agency, the notice may not be included in the initial disclosures provided under section 1637 ( a ) of this title. \n\n( C ) Coordination with other disclosures The notice required under subparagraph ( A ) ( i ) may be included on or with any notice of default, any billing statement, or any other materials provided to the customer; and ( ii ) must be clear and conspicuous. \n( D ) Model disclosure ( i ) Duty of XXXX XXXX XXXX shall prescribe a brief model disclosure that a financial institution may use to comply with subparagraph ( A ), which shall not exceed 30 words. \n\n( ii ) Use of model not required No provision of this paragraph may be construed to require a financial institution to use any such model form prescribed by the XXXX. \n\n( iii ) Compliance using model A financial institution shall be deemed to be in compliance with subparagraph ( A ) if the financial institution uses any model form prescribed by the XXXX under this subparagraph, or the financial institution uses any such model form and rearranges its format. \n\n( E ) Use of notice without submitting negative information No provision of this paragraph shall be construed as requiring a financial institution that has provided a customer with a notice described in subparagraph ( A ) to furnish negative information about the customer to a consumer reporting agency. \n\n( F ) Safe harbor A financial institution shall not be liable for failure to perform the duties required by this paragraph if, at the time of the failure, the financial institution maintained reasonable policies and procedures to comply with this paragraph or the financial institution reasonably believed that the institution is prohibited, by law, from contacting the consumer. \n\n( G ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Negative information The term negative information means information concerning a customers delinquencies, late payments, insolvency, or any form of default. \n\n( ii ) Customer ; financial institution The terms customer and financial institution have the same meanings as in section 6809 of this title. \n\n( 8 ) Ability of consumer to dispute information directly with furnisher ( A ) In general The XXXX, in consultation with the Federal Trade Commission, the Federal banking agencies, and the XXXX XXXX XXXX XXXX, shall prescribe regulations that shall identify the circumstances under which a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer. \n\n( B ) Considerations In prescribing regulations under subparagraph ( A ), the agencies shall weigh ( i ) the benefits to consumers with the costs on furnishers and the credit reporting system ; ( ii ) the impact on the overall accuracy and integrity of consumer reports of any such requirements ; ( iii ) whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute ; and ( iv ) the potential impact on the credit reporting process if credit repair organizations, as defined in section 1679a ( 3 ) of this title, including entities that would be a credit repair organization, but for section 1679a ( 3 ) ( B ) ( i ) of this title, are able to circumvent the prohibition in subparagraph ( G ). \n( C ) Applicability Subparagraphs ( D ) through ( G ) shall apply in any circumstance identified under the regulations promulgated under subparagraph ( A ). \n\n( D ) Submitting a notice of dispute A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that ( i ) identifies the specific information that is being disputed ; ( ii ) explains the basis for the dispute; and ( iii ) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute. \n( XXXX ) Duty of person after receiving notice of dispute After receiving a notice of dispute from a consumer pursuant to subparagraph ( D ), the person that provided the information in dispute to a consumer reporting agency shall ( i ) conduct an investigation with respect to the disputed information ; ( ii ) review all relevant information provided by the consumer with the notice ; ( iii ) complete such persons investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and ( iv ) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate. \n( F ) Frivolous or irrelevant dispute ( i ) In general This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including ( I ) by reason of the failure of a consumer to provide sufficient information to investigate the disputed information ; or ( II ) the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection ( b ), with respect to which the person has already performed the persons duties under this paragraph or subsection ( b ), as applicable. \n( ii ) Notice of determination Upon making any determination under clause ( i ) that a dispute is frivolous or irrelevant, the person shall notify the consumer of such determination not later than XXXX business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the person. \n\n( iii ) Contents of notice A notice under clause ( XXXX ) shall include ( I ) the reasons for the determination under clause ( i ) ; and ( II ) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information. \n( G ) Exclusion of credit repair organizations This paragraph shall not apply if the notice of the dispute is submitted by, is prepared on behalf of the consumer by, or is submitted on a form supplied to the consumer by, a credit repair organization, as defined in section 1679a ( 3 ) of this title, or an entity that would be a credit repair organization, but for section 1679a ( 3 ) ( B ) ( i ) of this title. \n\n( XXXX ) Duty to provide notice of status as medical information furnisher A person whose primary business is providing XXXX XXXX, products, or devices, or the persons agent or assignee, who furnishes information to a consumer reporting agency on a consumer shall be considered a medical information furnisher for purposes of this subchapter, and shall notify the agency of such status. \n\n( b ) Duties of furnishers of information upon notice of dispute ( 1 ) In general After receiving notice pursuant to section 1681i ( a ) ( 2 ) of this title of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall ( A ) conduct an investigation with respect to the disputed information ; ( B ) review all relevant information provided by the consumer reporting agency pursuant to section 1681i ( a ) ( 2 ) of this title ; ( C ) report the results of the investigation to the consumer reporting agency ; ( D ) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis ; and ( E ) if an item of information disputed by a consumer is found to be inaccurate or incomplete or can not be verified after any reinvestigation under paragraph ( 1 ), for purposes of reporting to a consumer reporting agency only, as appropriate, based on the results of the reinvestigation promptly ( i ) modify that item of information ; ( ii ) delete that item of information ; or ( iii ) permanently block the reporting of that item of information. \n( 2 ) Deadline A person shall complete all investigations, reviews, and reports required under paragraph ( XXXX ) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which the consumer reporting agency is required to complete actions required by that section regarding that information. \n\n( c ) Limitation on liability Except as provided in section 1681s ( c ) ( 1 ) ( B ) of this title, sections 1681n and 1681o of this title do not apply to any violation of ( 1 ) subsection ( a ) of this section, including any regulations issued thereunder ; ( 2 ) subsection ( e ) of this section, except that nothing in this paragraph shall limit, expand, or otherwise affect liability under section 1681n or 1681o of this title, as applicable, for violations of subsection ( b ) of this section; or ( 3 ) subsection ( e ) of section 1681m of this title.\n\n( d ) Limitation on enforcement The provisions of law described in paragraphs ( 1 ) through ( 3 ) of subsection ( c ) ( other than with respect to the exception described in paragraph ( 2 ) of subsection ( c ) ) shall be enforced exclusively as provided under section 1681s of this title by the XXXX agencies and officials and the XXXX officials identified in section 1681s of this title. \n\n( XXXX ) Accuracy guidelines and regulations required ( XXXX ) Guidelines The XXXX shall, with respect to persons or entities that are subject to the enforcement authority of the XXXX under section 1681s of this title ( A ) establish and maintain guidelines for use by each person that furnishes information to a consumer reporting agency regarding the accuracy and integrity of the information relating to consumers that such entities furnish to consumer reporting agencies, and update such guidelines as often as necessary ; and ( B ) prescribe regulations requiring each person that furnishes information to a consumer reporting agency to establish reasonable policies and procedures for implementing the guidelines established pursuant to subparagraph ( A ). \n( 2 ) Criteria In developing the guidelines required by paragraph ( 1 ) ( A ), the XXXX shall ( A ) identify patterns, practices, and specific forms of activity that can compromise the accuracy and integrity of information furnished to consumer reporting agencies ; ( B ) review the methods ( including technological means ) used to furnish information relating to consumers to consumer reporting agencies ; ( C ) determine whether persons that furnish information to consumer reporting agencies maintain and enforce policies to ensure the accuracy and integrity of information furnished to consumer reporting agencies ; and ( D ) examine the policies and processes that persons that furnish information to consumer reporting agencies employ to conduct reinvestigations and correct inaccurate information relating to consumers that has been furnished to consumer reporting agencies.","date_sent_to_company":"2021-11-20T16:19:18.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"29730","tags":null,"has_narrative":true,"complaint_id":"4932153","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2021-11-20T16:19:12.000Z","state":"SC","company_public_response":null,"sub_issue":"Personal information incorrect"},"highlight":{"complaint_what_happened":["( ii ) Notice <em>effective</em> for subsequent submissions After <em>providing</em> such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 1681a ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without <em>providing</em> additional notice to the customer."]},"sort":[6.0305023,"4932153"]},{"_index":"complaint-public-v1","_id":"6248832","_score":5.576994,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Please be advised that this is my 2nd / THIRD WRITTEN REQUEST and FINAL WARNING that I fully intend to pursue litigation in accordance with the FCRA to enforce my rights and seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 regarding your continued willful and negligent noncompliance. I understand that cfpb complaint system is not read by anyone but Im more than happy to mail in copies Despite my previous written requests for you to provide me with the name of the person in your company who verified that these accounts are accurate and belong on my file, what documentation did they use to verify that these accounts are accurate and belong on my file you ignored my rights and instead told me that you are labeling my dispute as Frivolous and closing them immediacy. Your actions clearly demonstrate your willful violation of the FCRA and I believe the Courts will agree when I present them with copies of my letters and your responses to them. XXXX XXXX XXXX, XXXX XXXX, XXXX, defines Verify as, 1 ) \" To prove to be true ; to confirm or establish the truth or truthfulness of ; to authenticate. '' 2 ) to confirm or substantiate by oath or affidavit ; to swear to the truth of. '' and Verification as, Confirmation of correctness, truth or authenticity, by affidavit, oath, or deposition. Affidavit of truth of a matter stated and object of verification is to assure good faith in averments or statements of a party. You say that your company has reinvestigated these accounts and verified them as being accurate but it is obvious that you have verified nothing. All you have done is parroted information given to you by other sources and shifted the burden back to me to prove that the reported items on the accounts listed below are not valid which is clearly in violation of 1681 ( a ) ( 4 ). It is obvious that you dont have any proof on file to verify that these accounts belong on my file. When we go to litigation you will be required to produce the documents you used to verify these items through the discovery process and since you dont have any documents in your files verifying that these items are valid then that will be proof that you did not properly verify the accounts and they will have to be deleted and Ill be entitled to damages.\n\nPlease be advised that under Section 611 ( 5 ) ( A ) of the FCRA you are required to ... promptly DELETE all information which can not be verified. The law is very clear as to the Civil liability and the remedy available to me ( Section 616 & 617 ) if you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA.\n\n15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.\n\n( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.\n\n( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address.\n\n( D ) Definition For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information.\n\n( E ) Rehabilitation of private education loans ( i ) In general Notwithstanding any other provision of this section, a consumer may request a financial institution to remove from a consumer report a reported default regarding a private education loan, and such information shall not be considered inaccurate, if ( I ) the financial institution chooses to offer a loan rehabilitation program which includes, without limitation, a requirement of the consumer to make consecutive on-time monthly payments in a number that demonstrates, in the assessment of the financial institution offering the loan rehabilitation program, a renewed ability and willingness to repay the loan ; and ( II ) the requirements of the loan rehabilitation program described in subclause ( I ) are successfully met.\n\n( ii ) Banking agencies ( I ) In general If a financial institution is supervised by a Federal banking agency, the financial institution shall seek written approval concerning the terms and conditions of the loan rehabilitation program described in clause ( i ) from the appropriate Federal banking agency.\n\n( II ) Feedback An appropriate Federal banking agency shall provide feedback to a financial institution within 120 days of a request for approval under subclause ( I ).\n\n( iii ) Limitation ( I ) In general A consumer may obtain the benefits available under this subsection with respect to rehabilitating a loan only 1 time per loan.\n\n( II ) Rule of construction Nothing in this subparagraph may be construed to require a financial institution to offer a loan rehabilitation program or to remove any reported default from a consumer report as a consideration of a loan rehabilitation program, except as described in clause ( i ).\n\n( iv ) Definitions For purposes of this subparagraph ( I ) the term appropriate Federal banking agency has the meaning given the term in section 1813 of title 12 ; and ( II ) the term private education loan has the meaning given the term in section 1650 ( a ) of this title.\n\n( F ) Reporting information during COVID19 pandemic ( i ) Definitions In this subsection : ( I ) Accommodation The term accommodation includes an agreement to defer 1 or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief granted to a consumer who is affected by the coronavirus disease 2019 ( COVID19 ) pandemic during the covered period.\n\n( II ) Covered period The term covered period means the period beginning on XX/XX/XXXX and ending on the later of ( aa ) 120 days after XX/XX/XXXX ; or ( bb ) 120 days after the date on which the national emergency concerning the novel coronavirus disease ( COVID19 ) outbreak declared by the President on XX/XX/XXXX under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) terminates.\n\n( ii ) Reporting Except as provided in clause ( iii ), if a furnisher makes an accommodation with respect to 1 or more payments on a credit obligation or account of a consumer, and the consumer makes the payments or is not required to make 1 or more payments pursuant to the accommodation, the furnisher shall ( I ) report the credit obligation or account as current; or ( II ) if the credit obligation or account was delinquent before the accommodation ( aa ) maintain the delinquent status during the period in which the accommodation is in effect; and ( bb ) if the consumer brings the credit obligation or account current during the period described in item ( aa ), report the credit obligation or account as current.\n\n( iii ) Exception Clause ( ii ) shall not apply with respect to a credit obligation or account of a consumer that has been charged-off.\n\n( 2 ) Duty to correct and update information A person who ( A ) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the persons transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.\n\n( 3 ) Duty to provide notice of dispute If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.\n\n( 4 ) Duty to provide notice of closed accounts A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed.\n\n( 5 ) Duty to provide notice of delinquency of accounts ( A ) In general A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action.\n\n( B ) Rule of construction For purposes of this paragraph only, and provided that the consumer does not dispute the information, a person that furnishes information on a delinquent account that is placed for collection, charged for profit or loss, or subjected to any similar action, complies with this paragraph, if ( i ) the person reports the same date of delinquency as that provided by the creditor to which the account was owed at the time at which the commencement of the delinquency occurred, if the creditor previously reported that date of delinquency to a consumer reporting agency ; ( ii ) the creditor did not previously report the date of delinquency to a consumer reporting agency, and the person establishes and follows reasonable procedures to obtain the date of delinquency from the creditor or another reliable source and reports that date to a consumer reporting agency as the date of delinquency ; or ( iii ) the creditor did not previously report the date of delinquency to a consumer reporting agency and the date of delinquency can not be reasonably obtained as provided in clause ( ii ), the person establishes and follows reasonable procedures to ensure the date reported as the date of delinquency precedes the date on which the account is placed for collection, charged to profit or loss, or subjected to any similar action, and reports such date to the credit reporting agency.\n\n( 6 ) Duties of furnishers upon notice of identity theft-related information ( A ) Reasonable procedures A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 1681c2 of this title relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information.\n\n( B ) Information alleged to result from identity theft If a consumer submits an identity theft report to a person who furnishes information to a consumer reporting agency at the address specified by that person for receiving such reports stating that information maintained by such person that purports to relate to the consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to any consumer reporting agency, unless the person subsequently knows or is informed by the consumer that the information is correct.\n\n( 7 ) Negative information ( A ) Notice to consumer required ( i ) In general If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 1681a ( p ) of this title furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer.\n\n( ii ) Notice effective for subsequent submissions After providing such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 1681a ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer.\n\n( B ) Time of notice ( i ) In general The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 1681a ( p ) of this title.\n\n( ii ) Coordination with new account disclosures If the notice is provided to the customer prior to furnishing the negative information to a consumer reporting agency, the notice may not be included in the initial disclosures provided under section 1637 ( a ) of this title.\n\n( C ) Coordination with other disclosures The notice required under subparagraph ( A ) ( i ) may be included on or with any notice of default, any billing statement, or any other materials provided to the customer; and ( ii ) must be clear and conspicuous.\n\n( D ) Model disclosure ( i ) Duty of Bureau The Bureau shall prescribe a brief model disclosure that a financial institution may use to comply with subparagraph ( A ), which shall not exceed 30 words.\n\n( ii ) Use of model not required No provision of this paragraph may be construed to require a financial institution to use any such model form prescribed by the Bureau.\n\n( iii ) Compliance using model A financial institution shall be deemed to be in compliance with subparagraph ( A ) if the financial institution uses any model form prescribed by the Bureau under this subparagraph, or the financial institution uses any such model form and rearranges its format.\n\n( E ) Use of notice without submitting negative information No provision of this paragraph shall be construed as requiring a financial institution that has provided a customer with a notice described in subparagraph ( A ) to furnish negative information about the customer to a consumer reporting agency.\n\n( F ) Safe harbor A financial institution shall not be liable for failure to perform the duties required by this paragraph if, at the time of the failure, the financial institution maintained reasonable policies and procedures to comply with this paragraph or the financial institution reasonably believed that the institution is prohibited, by law, from contacting the consumer.\n\n( G ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Negative information The term negative information means information concerning a customers delinquencies, late payments, insolvency, or any form of default.\n\n( ii ) Customer ; financial institution The terms customer and financial institution have the same meanings as in section 6809 of this title.\n\n( 8 ) Ability of consumer to dispute information directly with furnisher ( A ) In general The Bureau, in consultation with the Federal Trade Commission, the Federal banking agencies, and the XXXX XXXX XXXX XXXX, shall prescribe regulations that shall identify the circumstances under which a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer. \n\n( B ) Considerations In prescribing regulations under subparagraph ( A ), the agencies shall weigh ( i ) the benefits to consumers with the costs on furnishers and the credit reporting system ; ( ii ) the impact on the overall accuracy and integrity of consumer reports of any such requirements ; ( iii ) whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute ; and ( iv ) the potential impact on the credit reporting process if credit repair organizations, as defined in section 1679a ( 3 ) of this title, including entities that would be a credit repair organization, but for section 1679a ( 3 ) ( B ) ( i ) of this title, are able to circumvent the prohibition in subparagraph ( G ).\n\n( C ) Applicability Subparagraphs ( D ) through ( G ) shall apply in any circumstance identified under the regulations promulgated under subparagraph ( A ).\n\n( D ) Submitting a notice of dispute A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that ( i ) identifies the specific information that is being disputed ; ( ii ) explains the basis for the dispute; and ( iii ) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute.\n\n( E ) Duty of person after receiving notice of dispute After receiving a notice of dispute from a consumer pursuant to subparagraph ( D ), the person that provided the information in dispute to a consumer reporting agency shall ( i ) conduct an investigation with respect to the disputed information ; ( ii ) review all relevant information provided by the consumer with the notice ; ( iii ) complete such persons investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and ( iv ) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate.\n\n( F ) Frivolous or irrelevant dispute ( i ) In general This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including ( I ) by reason of the failure of a consumer to provide sufficient information to investigate the disputed information ; or ( II ) the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection ( b ), with respect to which the person has already performed the persons duties under this paragraph or subsection ( b ), as applicable.\n\n( ii ) Notice of determination Upon making any determination under clause ( i ) that a dispute is frivolous or irrelevant, the person shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the person.\n\n( iii ) Contents of notice A notice under clause ( ii ) shall include ( I ) the reasons for the determination under clause ( i ) ; and ( II ) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information.\n\n( G ) Exclusion of credit repair organizations This paragraph shall not apply if the notice of the dispute is submitted by, is prepared on behalf of the consumer by, or is submitted on a form supplied to the consumer by, a credit repair organization, as defined in section 1679a ( 3 ) of this title, or an entity that would be a credit repair organization, but for section 1679a ( 3 ) ( B ) ( i ) of this title.\n\n( 9 ) Duty to provide notice of status as medical information furnisher A person whose primary business is providing medical services, products, or devices, or the persons agent or assignee, who furnishes information to a consumer reporting agency on a consumer shall be considered a medical information furnisher for purposes of this subchapter, and shall notify the agency of such status.\n\n( b ) Duties of furnishers of information upon notice of dispute ( 1 ) In general After receiving notice pursuant to section 1681i ( a ) ( 2 ) of this title of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall ( A ) conduct an investigation with respect to the disputed information ; ( B ) review all relevant information provided by the consumer reporting agency pursuant to section 1681i ( a ) ( 2 ) of this title ; ( C ) report the results of the investigation to the consumer reporting agency ; ( D ) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis ; and ( E ) if an item of information disputed by a consumer is found to be inaccurate or incomplete or can not be verified after any reinvestigation under paragraph ( 1 ), for purposes of reporting to a consumer reporting agency only, as appropriate, based on the results of the reinvestigation promptly ( i ) modify that item of information ; ( ii ) delete that item of information ; or ( iii ) permanently block the reporting of that item of information.\n\n( 2 ) Deadline A person shall complete all investigations, reviews, and reports required under paragraph ( 1 ) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which the consumer reporting agency is required to complete actions required by that section regarding that information.\n\n( c ) Limitation on liability Except as provided in section 1681s ( c ) ( 1 ) ( B ) of this title, sections 1681n and 1681o of this title do not apply to any violation of ( 1 ) subsection ( a ) of this section, including any regulations issued thereunder ; ( 2 ) subsection ( e ) of this section, except that nothing in this paragraph shall limit, expand, or otherwise affect liability under section 1681n or 1681o of this title, as applicable, for violations of subsection ( b ) of this section; or ( 3 ) subsection ( e ) of section 1681m of this title.\n\n( d ) Limitation on enforcement The provisions of law described in paragraphs ( 1 ) through ( 3 ) of subsection ( c ) ( other than with respect to the exception described in paragraph ( 2 ) of subsection ( c ) ) shall be enforced exclusively as provided under section 1681s of this title by the Federal agencies and officials and the State officials identified in section 1681s of this title.\n\n( e ) Accuracy guidelines and regulations required ( 1 ) Guidelines The Bureau shall, with respect to persons or entities that are subject to the enforcement authority of the Bureau under section 1681s of this title ( A ) establish and maintain guidelines for use by each person that furnishes information to a consumer reporting agency regarding the accuracy and integrity of the information relating to consumers that such entities furnish to consumer reporting agencies, and update such guidelines as often as necessary ; and ( B ) prescribe regulations requiring each person that furnishes information to a consumer reporting agency to establish reasonable policies and procedures for implementing the guidelines established pursuant to subparagraph ( A ).\n\n( 2 ) Criteria In developing the guidelines required by paragraph ( 1 ) ( A ), the Bureau shall ( A ) identify patterns, practices, and specific forms of activity that can compromise the accuracy and integrity of information furnished to consumer reporting agencies ; ( B ) review the methods ( including technological means ) used to furnish information relating to consumers to consumer reporting agencies ; ( C ) determine whether persons that furnish information to consumer reporting agencies maintain and enforce policies to ensure the accuracy and integrity of information furnished to consumer reporting agencies ; and ( D ) examine the policies and processes that persons that furnish information to consumer reporting agencies employ to conduct reinvestigations and correct inaccurate information relating to consumers that has been furnished to consumer reporting agencies. \n( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX )","date_sent_to_company":"2022-11-25T19:22:15.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"85353","tags":null,"has_narrative":true,"complaint_id":"6248832","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2022-11-25T19:00:36.000Z","state":"AZ","company_public_response":null,"sub_issue":"Credit inquiries on your report that you don't recognize"},"highlight":{"complaint_what_happened":["( ii ) Notice <em>effective</em> for subsequent submissions After <em>providing</em> such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 1681a ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without <em>providing</em> additional notice to the customer."]},"sort":[5.576994,"6248832"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":25,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":25}]}},"product":{"doc_count":25,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting or other personal consumer reports","doc_count":10,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":10}]}},{"key":"Mortgage","doc_count":4,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Conventional home mortgage","doc_count":3},{"key":"FHA mortgage","doc_count":1}]}},{"key":"Vehicle loan or 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