Consumer complaint received 2023-01-27
Company: APEX Asset Management, LLC
State: NJ
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
This is in reference to the Consumer Report sent by XXXX. While checking my credit report, it came to my notice that XXXX has furnished an account XXXX on my Consumer Reports. 
According to 15 USC 1692a ( 2 ), the term Communication means the conveying of information regarding a debt directly or indirectly to any person through any medium. 
As per the literal interpretation Any medium includes any oral, written, electronic, or other medium, which includes nonaffiliated third parties the three major CRAs XXXX, XXXX, and XXXX. Therefore, furnishing of the Consumer Report by APEX ASSET MANAGEMENT LLC will amount to Communication. 
I demand you Cease and Desist from disclosing my nonpublic personal information to all nonaffiliated third parties, which includes XXXX, XXXX, and XXXX. 
The provisions of 15 USC 6801 ( a ) state It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. 
Please be advised that I have not given your company consent to share my nonpublic personal information and if theres a nondisclosure clause in your contract/agreement giving you that option to share my nonpublic personal information. I ask that you show me in the same contract/agreement where I can opt out of your sharing of my nonpublic personal information. 
15 USC 6802 ( B ) clearing states that A financial institution may not disclose nonpublic personal information to a nonaffiliated third party.

15 USC 6802 ( B ) 1b the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party 15 USC 6802 ( B ) 1c the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 
The Privacy Act of 1974 ( 5 U.S.C. 552a ) protects personal information held by the federal government by preventing unauthorized disclosures of such information. Individuals also have the right to review such information, request corrections, and be informed of any disclosures. 
The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) protects personal financial information collected by consumer reporting agencies. The Act limits those who can access such information, and subsequent amendments have simplified the process by which consumers can obtain and correct the information collected about themselves. The FTC also actively enforces prohibitions on fraudulently obtaining personal financial information, a crime known as " pretexting. '' 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 
( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. 
You have been put on notice this information is inaccurate. Delete all inaccurate information from my consumer report immediately 15 U.S. Code 1681a - Definitions ; rules of construction ( d ) Consumer Report.

( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; Even if you didnt receive a Form 1099-C, you must report cancelled debt as gross income on your tax return.

The IRS Clearly defines a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes your reporting of this account inaccurate!

By Definition ; The IRS Clearly says a Cancelled or Charge Off is income. The reporting of this as debt is inaccurate. 
15 USC 1681 s-2 Says you APEX ASSET MANAGEMENT LLC are a furnisher of information to a consumer reporting agency. 
You ARE PROHIBITED BY LAW to furnish inaccurate information. I demand you to Cease and Desist the reporting of incorrect/inaccurate information immediately! 
15 USC 1681 s-2 ( a ) ( 1 ) ( A ) A person shall not furnish any information relating to a consumer to any consumer reporting agency. If the person knows or has reasonable cause to believe that the information is inaccurate.

You are hereby put on NOTICE that you are furnishing incorrect/inaccurate information.

The lender must file FORM 1099-C and send you a copy if the amount of debt cancelled is {$600.00} or more and the lender is a financial institution, credit union XXXX federal government agency, or other applicable entity as discussed earlier in XXXX XXXX 
The above paragraph is taken directly from the IRS XXXX publication. 
SEND ME MY FORM 1099-C that you should have sent when you filed the account as cancelled debt.

Company response to consumer: Closed with explanation