Product: Debt collection

To whom this may concern This company is clearly breaking the law they fail to show proof of ownership of this debt and is now giving me the run around. 15 USC CRA requirements refers to the regulations outlined in the Fair Credit Reporting Act ( FCRA ) under 15 U.S. Code 1681, which governs how consumer reporting agencies ( CRAs ) can collect, store, and disseminate consumer credit information, essentially requiring them to ensure accuracy, fairness, and privacy in consumer reports while also notifying consumers of their rights to access and dispute information within their reports.

The FCRA says your company is obligated to report accurately, fairly and uphold my privacy as a consumer. Your company did not provide a fair and accurate investigation. If you did you would know the only way a company can pass a consumer nonpublic personal information is by common ownership. XXXX XXXX XXXX and XXXX XXXX XXXX, is not owned by XXXX XXXX  therefore should not have my nonpublic personal information to report on my consumer report. 
This is a direct result of aggravated identity theft. XXXX will be held accountable. 
Trying to collect a charge off that XXXX XXXX XXXX and XXXX XXXX does not have the legal authority to do so is a violation. 
18 U.S. Code 1028A - Aggravated identity theft Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. 
Sending false validation letters through the mail is concerned mail fraud and trying to collect money for this scheme is called extortion.

18 U.S.C. 1341 is a federal law that defines mail fraud. It states that mail fraud occurs when someone uses the U.S. mail to further a criminal act, such as by : Devising a scheme to defraud, Intending to perform fraudulent acts, Mailing something to execute the scheme, and Making false representations.

18 U.S.C 884- Collection of extensions of credit by extortionate means ( A ) whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means. ( 1 ) to collect or attempt to collect any extension of credit, or ( 2 ) to punish any person for the nonpayment thereof, shall be fined under this title or imprisoned not more than 20 years, or both.

15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. 
( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 
( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements. 
15 U.S. Code 1681c2 - Block of information resulting from identity theft ( a ) Block Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date.

As a CRA you are obligated to provide accurate fairness and full privacy. Your company failed at this.

15 U.S. Code 1681e - Compliance procedures ( a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose.

( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

15 U.S. Code 6809 - Definitions ( 5 ) Nonaffiliated third party The term " nonaffiliated third party '' means any entity that is not an affiliate of, or related by common ownership or affiliated by corporate control with, the financial institution, but does not include a joint employee of such institution.

15 U.S. Code 1692e ( 12 ) - False or misleading representations ( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value.

15 usc 1681 s-2 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 the information is inaccurate.

Duty A moral or legal obligation ; responsibility.

Accurate Correct in all details ; exact.

Prohibition A law or regulation forbids something.

The selling of this account and reporting it as sold which violates consumer law, is in fact prohibited, incorrect and unfair practices. Since your company gave up collection rights and sold this account, reporting this account is defamation of character.

28 U.S. Code 4101 - Definitions ( 1 ) Defamation.

The term defamation means any action or other proceeding for defamation, libel, slander, or similar claim alleging that forms of speech are false, have caused damage to reputation or emotional distress, have presented any person in a false light, or have resulted in criticism, dishonor, or condemnation of any person.

Your company is in fact furnishing inaccurate and incorrect information to the consumer reporting agencies. The report of such inaccurate information has caused severe damages to my character, my reputation, my general mode of living and my ability to obtain credit for personal and household purposes.

I am opting out of your reporting services. Per my right Privacy Act of 1974 and 12 CFR part 1016.7 Form of opt out notice to consumers ; opt out methods.

( g ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it.

( h ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.