Consumer complaint received 2023-06-23
Company: Fidelity National Information Services, Inc. (FNIS)
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Problem with personal statement of dispute

Complaint:
I am writing to report the persistent disregard for federal law and violations of my privacy rights by Chexsystems, XXXX, XXXX, XXXX, and XXXX. I started sending dispute letters to listed companies on XX/XX/XXXX all certified mail so I can have proof. 

Despite sending multiple dispute letters, along with supporting documents, I have received verified and stall letters instead of proper investigation and deletion of the inaccurate items. This negligence has caused significant stress and health issues in my life. Under the Fair Credit Reporting Act ( FCRA ), these consumer reporting agencies are required to promptly investigate disputes. However, they have consistently ignored the documents I provided, resulting in inaccurate reporting. 

XXXX is the main source of all of this inaccurate and fraudulent information. They are reporting an inaccurate and fraudulent charge-off to Chexsystems ( in the amount of {$4900.00} ), in addition to an inaccurate late payment to XXXX XXXX and XXXX. ( The date of the transaction is XX/XX/XXXX ) Before i go into detail, it should be stated that XXXX a consumer reporting agency used by the three major bureaus to verify information has already deleted the late payment from their system. They are the only company that actually viewed the information and took the correct action. ( I provided the document to aid you ) The fact that XXXX immediately deleted the inaccurate information while the others did not tells me that my letters are not being taken seriously by XXXX, XXXX XXXX, XXXX  and chexsystems. 

I have attached all the documentation in this complaint proving my claim and it shows in great detail how and where they are violating federal law, committing tax fraud ( XXXX ) and aiding in aggravated identity theft against me. I told XXXX that my debit card was stolen and someone was depositing checks and making transactions but they did nothing, they also will not provide any pictures of the checks. They will not send me any information and sent me a letter saying I have to pay them for any documents. I also included the stall letters they have sent to me claiming they did an investigation but all I got in return was verified letters with no documentation. 

I was a victim of fraud and identity theft when I had an account with XXXX and I called to let them know immediately that someone stole my debit card and was depositing checks pretending to be me. No action was taken, and I was forced to close the account to prevent further damages from occurring. Instead of doing an investigation they inaccurately placed the information on my consumer report. They also charged off the account which is prohibited ( this is also identified as tax fraud by the IRS ) as stated on the IRS 1099C form which i provided for you and highlighted the section for your convenience. The IRS publication 4681 ( page 3 ) states that canceled debt should be reported as gross income. They are reporting this account to chexsystems as a charge-off which is a canceled debt. The federal government clearly defines what should be on a consumer report and income is not included, thus making their furnished information inaccurate and should be deleted promptly. 

15 U.S. Code 1681a - Definitions ; rules of construction ( d ) Consumer Report. 
( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title. 

Income is not included in this definition of a consumer report. The canceled debt/ charge off is a write-off which is considered income which doesnt belong on my consumer report which is a violation of the FCRA. Thus making the information XXXX  is furnishing to chexsystems inaccurate by federal law. 

In addition to the fraudulent and inaccurate charge off being reported, XXXX  is furnishing a late payment which should not be included on my consumer report. ( If you look at my entire credit history I have not had a single late payment, so this is clearly an uncharacteristic late payment and is an error on their part. Once again I paid them twice for this payment to cover both payments but they did not process the transaction correctly. ) The legal definition of a transaction states an event associated with business dealings conducted between two or more parties that involve the formation and performance of an obligation or contract. Late payments fall under this category and according to 15 U.S. Code 1681 ( a ) ( 2 ) ( i ) -Exclusions transactions or experiences are to be excluded from the consumer report. This is a violation of the fair credit reporting act and federal law. I have sent this information to not only XXXX but all of the earlier listed consumer reporting agencies but they never review the information they just send me verified letters. 
15 U.S. Code 1681 ( a ) ( 4 ) - Congressional findings and statement of purpose states that I have a right to privacy as well which is being violated because I never gave any consent to furnish any information. On top of that the information being furnished is inaccurate. 

15 U.S. Code 1681s-2 ( a ) states that its the duty of data furnishers to provide accurate information. The definition of accurate is correct in all details ; exact and precise. The information they are furnishing clearly and undoubtedly is not precise or correct in all details. Following your compliance standard of a maximum of 50 pages I only provided 38, but I could easily provide over 100 pages of disputes and stall letters these companies keep sending me. 

( I have provided highlighted publications and laws from the FCRA for your convenience and to aid you with your research ) In conclusion, their actions not only violate federal law but also infringe upon my privacy rights. As a result, I have experienced XXXX XXXX, XXXX XXXX XXXX XXXX XXXX and XXXX XXXX due to the financial uncertainty caused by their mishandling of my disputes. For the past 4 years since I have lived in XXXX XXXX, I have had to sleep in work offices, stay with co-workers or stay in my car because I can not open a bank account or get approved for an apartment. I urge you to thoroughly investigate this matter and take appropriate action against these agencies. 

Its disheartening to see that financial institutions and consumer reporting agencies dont have to follow federal protocol like the rest of us United States citizens. They must be held accountable for their actions, ensuring compliance with federal law and protecting the rights and well-being of consumers. 

Thank you for your attention to this urgent issue. This is my final attempt to cure this issue before I take litigious action. My health is important to me and this has been a primary contributor to my health issues and mode of living.

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