Consumer complaint received 2023-02-20
Company: Atlanticus Services Corporation
State: OH
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:
I have faxed, mailed, and emailed a letter to XXXX/Aspire XXXX regarding this account reporting incorrectly, inaccurately, and illegally. I have received no response from the company in regard to my letter. I mailed this letter emailed the letter and faxed the letter on XX/XX/2023. This is the letter that was sent below. 


XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, OH XXXX XX/XX/2023 XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT XXXX/ASPIRE XXXX you are furnishing inaccurate and incorrect information to the consumer reporting agencies. The reporting of such inaccurate information has cause severe damage to my character, my reputation, my general mode of living and my ability to obtain credit for personal and house purposes. You and your inaccurate reporting have damaged my livelihood.

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.

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 didnt 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 GE 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 account as a debt is inaccurate. 

15 U.S. Code 1681s2 Says you XXXX/ASPIRE XXXX 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 U.S. Code 1681s2 ( 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 of the amount of 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 ME MY FORM 1099-C that you should have sent to me when you filed the account as canceled debt.

My address is listed below.

15 U.S. Code 1681s2 ( a ) DUTY OF FURNISHERS OF
INFORMATION TO PROVIDE ACCURATE INFORMATION ( 1 ) 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 ( 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. 

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 in clear violation of Law 15 U.S. Code 1681s2 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! 

XXXX XXXX XXXX

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation