Consumer complaint received 2019-08-27
Company: FirstPoint Collection Resources
State: SC
Product: Debt collection
Sub-product: Mortgage debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
To Whom It May Concern : I wrote this company on three separate occasions regarding an alleged debt, claiming I owe {$1100.00} for an unpaid account. Prior to me seeing the account on my credit report dated XX/XX/XXXX, they never sent me a notice/letter or gave me an opportunity to dispute the information. Therefore, I wrote to your company on XX/XX/XXXX and requested validation and that they remove the alleged debt from my report also explain that the debt was outside the statute of limitation as collectable debt and that I dont have a signed contract with their company. The company never responded to my letter, failed to send me proof of said debt but continued to report the debt on my credit report without placing the dispute disclosure within 30 days ( see attached copies of XXXX, XXXX, XX/XX/XXXX, and XX/XX/XXXX reports ). So, I wrote them a second time on XX/XX/XXXX this time sending the letter certified, return receipt which they signed for on XX/XX/XXXX and responded back to me on XX/XX/XXXX with what you believe to be proof of the alleged debt. I checked credit file on XX/XX/XXXX and again they dont place the dispute disclosure on my credit file. They finally placed a dispute clause on XX/XX/XXXX which is almost 6 months and well past the 30 day time frame allowed by Federal law to place a dispute clause. I have retained copies of their signature and date of receipt along with time-stamped copies of my credit reports showing that they violated the Fair Debt Credit Reporting Act, Section 623 ( a ) ( 3 ) and/or the Fair Debt Collection Practices Act Section 807 ( 8 ) by not placing the disclosure within the 30-day period as required by Federal law. 

I wrote them for the third time on XX/XX/XXXX which they received and sign for on XX/XX/XXXX explaining that they violated federal law by not placing the disclosure in a timely matter and requested that they remove the debt collection entirely from my credit file, which they have yet to respond. I have maintained excellent records regarding my communication with this company for the purpose of filing a complaint with the Consumer Financial Protection Bureau and the Attorney Generals office should they continue in their non-compliance of federal laws under the Fair Credit reporting Act. I also reminded them that you may be liable for their willful non-compliance, as per FCRA 623 ( a ) ( 3 ) Responsibilities of furnishers of information to consumer reporting agencies [ 15 U.S.C. 1681s-2 ] ( 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 the consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. 

( B ) Time of Notice ( I ) 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 ). 

Since they violated federal law, by not properly providing me or the credit bureaus with proper notice within the required timeframe, and I have evidence of such, they must now remove the item entirely from my credit file. If they dont remove the item, I plan to file a lawsuit where I will be seeking a minimum of {$1000.00} in damages per violation for : Defamation Negligent Enablement of Identity Fraud Violation of the Fair Debt Collection Practices Act ( including but not limited to Section 807-8 ) Violation of the Fair Credit Reporting Act ( including but not limited to Section 623-a-3 ) CC : Attorney Generals Office CC : XXXX XXXX XXXX

Company response to consumer: Closed with explanation