Product: Credit reporting or other personal consumer reports

Subject : XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX : XXXX and XXXX for Violations of the Fair Credit Reporting Act ( FCRA ) Under 15 U.S.C. 1681 To Whom It May Concern : This formal complaint is submitted against Fair Collections & Outsourcing ( hereinafter referred to as " Creditor '' ) and the credit reporting agencies ( hereinafter referred to as " CRAs '' ) Equifax and TransUnion for willful and negligent violations of the Fair Credit Reporting Act ( FCRA ), specifically Sections 605B, 615 ( f ), and 623 ( a ) ( 6 ), codified under 15 U.S.C. 1681c-2, 1681m ( f ), and 1681s-2 ( a ) ( 6 ), among others.

This complaint addresses the reporting and reinvestigation of inaccurate, misleading, and obsolete negative information, which has caused financial and emotional harm, as detailed below.

Basis for Complaint 1. Misrepresentation of Debt as " Charged Off '' Income The debt in question, reported as " charged off, '' constitutes income under IRS regulations when a 1099-C has been issued. Per 15 U.S.C. 1681s-2, creditors are prohibited from furnishing inaccurate or misleading information. Reporting this debt as charged off post-1099-C issuance is a material inaccuracy and a direct violation of the FCRA.

2. Failure to Conduct Reasonable Investigations Upon identifying these inaccuracies, I submitted disputes to both the Creditor and the CRAs. Despite their obligation under 15 U.S.C. 1681i ( a ) to conduct reasonable reinvestigations, they failed to remove the inaccurate information. This failure demonstrates willful non-compliance and blatant disregard for federal law.

3. Obligation to Block Information Under Section 605B ( 15 U.S.C. 1681c-2 ) I assert my rights under Section 605B, which mandates the blocking of any information identified as resulting from errors or unverifiable circumstances when proper documentation is provided. The CRAs have failed to comply, even after receiving documentation substantiating the inaccuracies of the accounts.

Despite my disputes and evidence provided, these items remain on my credit report, in direct violation of the blocking requirements of 1681c-2 ( b ).

4. Failure to Provide a Clear and Specific Adverse Action Notice ( Section 615 ( f ), 15 U.S.C. 1681m ( f ) ) Section 615 ( f ) obligates the Creditor and CRAs to inform me of the specific actions taken against me and the reasons for such actions. The denial of credit due to these inaccurate reports, coupled with the absence of a sufficient explanation or resolution, reflects non-compliance with this section.

5. Furnishers ' Duties to Update and Correct Information ( Section 623 ( a ) ( 6 ), 15 U.S.C. 1681s-2 ( a ) ( 6 ) ) The Creditor has failed to fulfill its obligation under Section 623 ( a ) ( 6 ) to promptly update and correct information after being notified of disputes. The continued reporting of these accounts as negative despite my disputes further evidences their willful or negligent disregard of their statutory duties.

Negative History and Harm Caused 1. Obsolete Negative History Under 15 U.S.C. 1681c ( a ), outdated negative information must not appear on my credit report. These accounts include negative history beyond the permissible reporting periods, exacerbating the harm caused.

2. Financial Harm and Opportunity Loss i. As previously stated, the denial of credit due to these inaccuracies has forced me into overpriced temporary housing after escaping an abusive living situation.

ii. The continued presence of this negative information has also prevented me from obtaining transportation necessary to accept better employment opportunities, hindering my ability to improve my financial standing.

3. Emotional and Psychological Impact i. The inaccurate and unresolved reporting has caused undue stress, anxiety, and emotional harm as I attempt to rebuild financial stability after a challenging period in my life.

Legal Precedent and Enforcement To support my claims and further establish the obligations of creditors and CRAs under the FCRA, I reference the following cases where courts ruled in favor of consumers for similar violations : 1. Gillespie v. Equifax Info. Servs., L.L.C. , 484 F.3d 938 ( 7th Cir. 2007 ) Highlighted CRAs ' obligations to reinvestigate disputes and the significant harm caused by non-compliance.

2. Drew v. Equifax Info. Servs., L.L.C. , 690 F.3d 1100 ( 9th Cir. 2012 ) Reinforced that CRAs and furnishers must ensure the accuracy of information reported and correct known errors promptly.

3. Lazarre v. JPMorgan Chase Bank, N.A., 780 F. Supp. 2d 1330 ( S.D. Fla. 2011 ) Stated that consumers have a right to statutory damages when negative and inaccurate information remains unresolved after disputes.

4. Cushman v. TransUnion Corp., 115 F.3d 220 ( 3d Cir. 1997 ) The court held that CRAs must conduct a " reasonable investigation '' of disputed information and may be held liable for failing to do so.

5. Richardson v. Fleet Bank of Massachusetts, 190 F. Supp. 2d 81 ( D. Mass. 2001 ) The court ruled that creditors could be held liable under 15 U.S.C. 1681s-2 ( b ) for failing to correct inaccurate information after receiving notice of a dispute.

6. Johnson v. MBNA America Bank, NA, 357 F.3d 426 ( 4th Cir. 2004 ) The court emphasized that furnishers of information have a duty to investigate disputes forwarded by CRAs and correct inaccuracies.

7. Dalton v. Capital Associated Industries , Inc., 257 F.3d 409 ( 4th Cir. 2001 ) Reinforced the need for CRAs to go beyond surface-level investigations and make substantive corrections to avoid liability under the FCRA.

Statutory and Additional Demands 1. Immediate Removal and Blocking I demand the immediate removal of the accounts in question from all credit reporting agencies under 15 U.S.C. 1681c-2. These accounts are inaccurate and unverifiable, and their continued reporting is a clear violation of my rights under the FCRA.

2. Statutory Damages For the violation of my rights under the FCRA, I demand statutory damages of {$1000.00} per violation for each month that the inaccurate information remained on my credit report. This includes willful violations under 15 U.S.C. 1681n and negligent violations under 15 U.S.C. 1681o.

3. Penalties for CRAs As specified under 15 U.S.C. 1681q, penalties for intentional and unintentional violations range from {$100.00} to {$1000.00} per occurrence and are not subject to limitations.

4. Corrective Measures I require written confirmation from both the creditor and the credit reporting agencies detailing the steps taken to rectify these errors and the measures implemented to prevent future occurrences 5. Legal Action for Damages I reserve the right to file a lawsuit for : o Willful and negligent violations of the FCRA.

o Emotional distress and financial losses caused by these violations, as supported by the specific harm detailed in this complaint.

6. Reporting to Regulatory and Enforcement Agencies Failure to comply will result in reporting these violations to the Consumer Financial Protection Bureau ( CFPB ) and other regulatory bodies. If necessary, I will also report these issues to the IRS for any related tax implications, as the continued reporting of these accounts may constitute further violations.

Timeline of Disputes and Non-Compliance I have included documentation with proof of dates, date of delivery, filing dates, etc., that evidence a pattern of willful non-compliance.

Conclusion The Creditor and CRAs have failed to fulfill their statutory obligations, resulting in significant harm to my financial and emotional well-being. I request immediate resolution and statutory damages for their continued non-compliance. Should this matter remain unresolved, I will pursue and exhaust all legal remedies available to me.