Consumer complaint received 2023-09-12
Company: OneMain Finance Corporation
State: NC
Product: Payday loan, title loan, personal loan, or advance loan
Sub-product: Installment loan
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
ONEMAIN - XXXX Inaccurate late payments like this are preventing me from obtaining credit that I'm trying to apply for because it's lowering my credit scorXXXX big time. I've already been in talks with some experts who have informed me that there are laws to ensure that inaccurate credit information can't be reported. 

I have fully investigated my rights and found that the Fair Credit Reporting Act does not allow you to victimize innocent, credit worthy individuals by reporting erroneous and inaccurate information. Under the Fair Credit Reporting Act, the following applies to me : FCRA 623 ( a ) ( 8 ) Ability of Consumer to Dispute Information Directly with Furnisher ( A ) In general. The Federal banking agencies, the National Credit Union Administration, and the Commission shall jointly prescribe regulations that shall identify the circumstances under which a furnisher shall be required to re-investigate 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 403 ( 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 ). 

( 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 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.

( 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.

FCRA 623 ( a ) ( 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 603 ( 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.

( 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.

( 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 ).

( 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.

I also found out that under these new FCRA laws, that you must provide me with documentation regarding information you are reporting to the credit bureaus.

On my most recent credit report, I see that derogatory information is reporting. The issue is I never received ANYTHING from your company in regards to these changes to my report. According to the Fair Credit Reporting Act, you have 30 days to provide me with this information as I have never received a notice. I ask once again that you erase this item immediately from my credit file due to your lack of consideration, and flagrant disregard for the Credit Reporting laws. I do not want to litigate, but I will do what I need to in order to remedy the situation.

I would also like to request, in writing, that no further telephone contact be made by your offices to my home or to my place of employment. If your offices continue to attempt telephone communication with me, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter. 

It would be advisable that you and your client assure that your records are in order before I am forced to take legal action. 

In short : Reporting false or inaccurate information, and not making me aware of it are BOTH a VIOLATION OF The Fair Credit Reporting Act. 

I demand that you correct my account to show as paid as agreed never late OR remove this account from my report, or I will seek legal action and remedy, as I understand it is my right to do so if you victimize me by sending inaccurate information about me to the credit bureaus. Shame on you!

Company response to consumer: Closed with explanation