Consumer complaint received 2022-07-07
Company: CITIBANK, N.A.
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
I had a Macy 's American Express credit card account with Department Stores National Bank or DSNB. My card expired in XXXX of XXXX. In XXXX of XXXX, DSNB made the decision not to renew my account and issue a new card and mailed notice to me in XXXX of XXXX telling me that my account would not be renewed. 

I have complained to DSNB about this and asked them to reconsider their decision however, DSNB refused and rejected my request. 

DSNB referred the account to a collection law firm XXXX XXXX for collection. 

On XX/XX/XXXX, I received a dunning/collection letter from XXXX XXXX XXXX 

On XX/XX/XXXX, I mailed a dispute and validation request letter to XXXX XXXX. 

XXXX XXXX never responded to the validation request letter. 

On XX/XX/XXXX, XXXX XXXX filed a lawsuit against me on your behalf in the XXXX XXXX of XXXX XXXX Georgia case number XXXX ( a copy of the complaint is attached to this letter for your review. 

On XX/XX/XXXX, I filed an answer to the lawsuit/complaint along with discovery motions/request Interrogatories, Request for the Production of Documents and Notice to Produce, and Request for Admissions.

Pursuant to Georgia law O.C.G.A 9-11-33 ( a ) ( 2 ), 9-11-34 ( b ) ( 2 ), and 9-11-36 ( a ) ( 2 ), the party upon whom the discovery has been served shall serve a copy of the answers, and objections if any, within thirty ( 30 ) days after the service of the discovery request, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time at the courts discretion. The party submitting the interrogatories may move for an order under subsection ( a ) of Code Section 9-11-37 with respect to any objection to or other failure to answer any discovery motion/request. 

Pursuant to O.C.G.A. 9-11-36 ( a ) ( 2 ) The matter is admitted unless, within 30 days after service of the request or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney. Any matter admitted under this Code section is conclusively established unless the court, on motion, permits withdrawal or amendment of the admission O.C.G.A. 9-11-36 ( b ). 

On XX/XX/XXXX, your attorney XXXX XXXX of XXXX XXXX filed for a Voluntary Dismissal Without Prejudice a copy of the dismissal is attached for your review. Now that the lawsuit has been dismissed voluntarily by DSNB this account should be removed from my credit report. There is no reason for DSNB to continue to report this account from my credit report with the three major credit bureaus other than an attempt or effort by DSNB with the intent to annoy, harass, intimidate, embarrass, and humiliate me and is nothing more than an effort to make it difficult for me to apply for and/or obtain credit is preventing DSNB from removing this account from my credit report with the three major credit bureaus.

If you are claiming government regulation and/or the law prohibits you from removing the account from my credit report with the three major credit bureaus please state and identify with specificity the government regulation and/or law including the specific code section that you and/or your client are relying upon and/or claiming prohibits you and/or your client from removing this account from my credit report and refrain from generalizations such as including without limitation to under/according to government regulations and federal law. If you and/or your client are claiming that the Fair Credit Reporting Act ( FCRA ) prohibits you and/or your client from removing my account from my credit report from the three major credit bureaus, please identify the specific section ( s ) of the FCRA that prohibits you and/or your client from removing this account from my credit report with the three major credit bureaus. My copy of the DSNB Credit Card Agreement states We may report ( emphasis on we may ) and NOT we are obligated, mandated or required ) information about your account to the credit bureaus. The DSNB Credit Card Agreement does not mandate credit reporting and does not prohibit you and/or you client from removing this account from my credit report with the three major credit bureaus. Additionally, the Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681 est seq. does not mandate or require a creditor to report information about any consumer to any credit bureau 15 U.S.C 1681i and 15 U.S.C. 1681s-2 ( b ). According to the Statement of Purpose for the FCRA states The purpose of the FCRA is to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title. While the FCRA offers protections to consumers, offers consumers the right to know what is in their credit file, rules and procedures regarding disclosure and use of a consumers credit report, requires that the information that is reported in a consumers file be accurate, guidance on how to dispute information and what procedures that need to be followed in the event that a consumer disputes any information contained in his/her credit file and civil remedies available to consumers for non-compliance. I know this to be untrue because in the Best Buy case the account was removed from my credit report as described later in this letter. If you or your client are claiming that you can not remove this account from my credit report because of some government regulation or law, please explain how Citi ( which DSNB is a subsidiary of ) was able remove the Best Buy account from my credit report with the three major credit bureaus. A copy of the letter from Citi acknowledging and admitting to removing the Best Buy account from my credit report with the three major credit bureaus is attached for your review. You and/or your clients failure to properly address this issue of credit reporting by failing or refusing to respond appropriately and to answer a specific and/or direct question regarding credit reporting and/or providing unhelpful, incomplete, and cursory answers or response will not be accepted and/or tolerated. 

I dont want to hear and please do not respond with the usual litany of rote responses such as and including without limitation to the same false and misleading excuse and statement that your employees, agents, and representatives have used in previous communications with me as a credit provider, we are obligated to report the account accurately to the credit reporting agencies. It is true that you are required by law to report accurate information to the credit bureaus otherwise the information must be corrected or deleted from the credit report however, you are not prohibited from deleting the account from my credit report with the three major credit bureaus.

You claimed I owed you a debt. You even filed a lawsuit against me and then voluntarily dismissed the lawsuit against me. Now please remove this account from my credit report with the three major credit bureaus.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation