Consumer complaint received 2024-02-02
Company: FC HoldCo LLC
State: NC
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
I am a victim of identity theft. I flied a lawsuit against Flagship Credit Acceptance LLC in XXXX. Subsequently to avoid litigation Flagship offered me a settlement agreement. I accepted their offer on XX/XX/XXXX and sent a signed copy along with a signed w-9 form. The settlement agreement stated Flagship Credit Acceptance LLC would remove the tradeline from my credit and report paid as agreed for less than full amount to all CRAs within 60 days. One of the conditions of the settlement is that if I the claimant noticed Flagship Credit Acceptance LLC that the correction has not yet reported to the CRAs They Flagship Credit Acceptance would promptly report to the CRAs the correct information. However over a year has passed and they have failed to do so. In fact they have done the exact opposite in breach of contract as you can see from their response to my several complaints. Which I have attached for more clarification. Not only have they refused to hold up their end of the settlement agreement. They have no problem violating 18 USC 1001 Statements or entries generally ( 3. ) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry ; By alleging that photo copied document with no signatures from two parties is a contract, In Flagship Credit Acceptance LLC. Name is crossed out on the document they provide as proof. Which indicates they are not parties to the contract at all. And their claim is false misleading and deceptive. Not to mention the fact that both XXXX and XXXX have removed the tradeline because of identity theft. Also further evidence that Flagship Credit Acceptance LLC should have known about the fraudulent nature of the information they are reporting and using as proof of claim. Because by laws once a the CRAs must report to the information furnisher of identity theft. So how is it possible for the account to be unverified and inaccurate when investigated by your company for XXXX and XXXX. But accurate and verified on XXXX. Again false and misleading deceptive practices. And to say XXXX cant use the Privacy Act or GLBA because Im a costumer is false and deceptive and wholly irrelevant. Because Im not nor have I ever been a costumer of Flagship Credit Acceptance LLC. How can they claim any security interest when they have already agreed to release all claims against me as I release them from all claim according to the signed settlement agreement. Per our agreement your company has no claim and only responsibility is to report accurately to the CRAs paid as agreed for less than full amount. Please explain how Flagship can report late payment history on an account that which they agreed to discharge the balance and report paid as agreed and settled. By the companys own admission they have confirmed to receiving several of my complaints about the identity theft which the initial the lawsuit and subsequent settlement arose from. However in their response they failed to mention our settlement agreement because of said identity theft. Moreover regarding of how Flagship Credit Acceptance LLC my feel about where I get my information as if to say the internet doesnt how accurate information. The fact remains that according to 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information. It is to the consumer to consent to the disclosure of information to non affiliated third parties. And since Im the consumer and not your customer I withdraw my consent for Flagship Credit Acceptance LLC to transfer transmit or use any of my personal information unless it as prescribed in our settlement agreement. 
This is my final notice to Flagship Credit Acceptance LLC if they refuse to correct their mistake and inform the CRAs the account is paid as agreed per our settlement agreement I have no choice but to pursue further litigation for actual damages breach of contract tax evasions and securities fraud.

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