Consumer complaint received 2023-09-21
Company: ALLY FINANCIAL INC.
State: FL
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
NOTICE TO AGENT IS NOTICE TO PRINCIPAL, NOTICE TO PRINCIPAL IS NOTICE TO AGENT.ally financial, you are furnishing inaccurate and incorrect information to the consumer reporting agencies. The reporting of such inaccurate information has caused severe damage to my character, reputation, general way of life, and my ability to obtain credit for personal and housing purposes. You and your inaccurate reporting have damaged my livelihood. 15 U.S. Code 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 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. Duty : A moral or legal obligation ; a responsibility Accurate : Correct in all details ; exact. PROHIBITION : A law or regulation forbidding something As defined by the IRS : Even if you didn't receive a Form 1099-C, you must report canceled 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 makes your reporting of this account inaccurate! By definition, the IRS clearly states that a Canceled or Charged-off debt is Income. Reporting this account as a debt is inaccurate. 15 USC 1681s-2 states that you, ally financial, are a furnisher of information to a consumer reporting agency. YOU ARE PROHIBITED BY LAW from furnishing inaccurate information. I demand you Cease and Desist the reporting of incorrect/inaccurate information immediately. 15 USC 1681s-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 canceled is {$600.00} or more and the lender is a financial institution, credit union , federal government agency, or other applicable entity as discussed earlier in chapter 1. The above paragraph is taken directly from the IRS publication. SEND MY FORM 1099-C that you should have sent when you FILED the account as a canceled debt. My Address is listed below! 15 U.S. Code 1681s-2 ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION PROHIBITION ( 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 the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate, and 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. In conclusion, I have shown you, and you have been put on notice that you are reporting inaccurate information. The information is, in fact, inaccurate. The continued reporting of this inaccurate information is a clear violation of the Law, 15 USC 1681s-2, of your responsibilities as a furnisher of information. You have caused me and my family severe harm due to your negligence and inaccurate reporting. This is a final opportunity to Cure and DELETE This Erroneous, inaccurate account from my Consumer report. YOU HAVE 10 Calendar days to DELETE THIS ACCOUNT FROM MY CONSUMER REPORTS! I am writing to dispute and seek clarification regarding the sharing of my non-public personal information by your institution, as well as any potential impact on my credit report. I am concerned that these actions may be in violation of both the Gramm-Leach-Bliley Act ( GLBA ) and the Fair Credit Reporting Act ( FCRA ). Specifically, I have identified two key areas of concern : 1. **GLBA Privacy Notice and Opt-Out** : According to the GLBA, financial institutions are required to provide consumers with an initial privacy notice and an annual privacy notice outlining their information-sharing practices. Furthermore, consumers have the right to opt out of having their non-public personal information shared with non-affiliated third parties for marketing purposes. To date, I have not received any such notices from your institution, nor have I been given the opportunity to opt out of information sharing. Therefore, I request that you provide me with copies of all privacy notices that should have been sent to me in accordance with the GLBA. Additionally, I would like to be informed if my non-public personal information has been shared with any non-affiliated third parties for marketing purposes, and if so, I am exercising my right to opt out of such sharing. 2. **FCRA Credit Reporting Impact** : As a result of any information sharing or other actions taken by your institution, I am concerned that my credit report may have been affected. Under the FCRA, consumers have the right to accurate and complete credit reporting. I request that you provide me with any information related to changes in my credit report resulting from your institution 's actions. Additionally, I kindly request that you conduct a thorough investigation into any credit reporting issues that may have arisen due to information sharing or any other actions by your institution. If it is determined that my credit report has been negatively affected without proper cause or notification, I request that you take immediate corrective action and provide me with documentation of any corrections made to my credit report. I want to emphasize my commitment to ensuring that my rights under both the GLBA and the FCRA are fully protected. I kindly request that your institution promptly investigate these matters and provide me with the necessary documentation and information to address my concerns. Please respond to this dispute letter within the statutory timeframes specified by both the GLBA and the FCRA. I understand that this investigation may take up to 30 days, and I expect your prompt attention to this matter. Thank you for your cooperation in resolving this issue promptly. Send written correspondence to address provided above. This is my opt out and cease and desist of all sharing of my personal information. You dont have consent to share my personal information if you do its identity theft. Delete all inaccurate and wrongful shared information asap.

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