Consumer complaint received 2023-11-27
Company: WELLS FARGO & COMPANY
State: PA
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
In my previous complaint I had stated that I had revoked all consent that I may have given to this company to furnish my nonpublic information on my consumer report. Now, since they have clearly shown no interest in respecting my right to privacy, I am submitting this complaint before I proceed with legal action as it violates my rights as a consumer. In this complaint, I will discuss 3 important notes about the following account # XXXX. I have discussed the matter further on the attached dispute letter. 

The first thing to take note on is that pursuant to 15 U.S. Code 6802 WELLS FARGO did not ; A ) disclose to me, the consumer, that the information reported would be disclosed to the third party nonaffiliate, AKA the consumer reporting agencies such as XXXX, XXXX, and XXXX. 
B ) WELLS FARGO did not give me an opportunity to direct that such information not be disclosed. 
C ) WELLS FARGO did not give me the consumer an explanation of how I could exercise the nondisclosure option. 

The law basically states that if all 3 of these disclosures were not provided to me, that is a direct violation of 15 U.S. Code 6802 and I have the right to exercise opting out. All 3 of these disclosures were not met, therefore I am demanding to opt out of having my information reported and demanding the reporting information to be DELETED from my consumer report. Additionally, in WELLS FARGO terms and conditions they agreed NOT to share my information with non affiliates. XXXX, XXXX, and XXXX is not an affiliate of WELLS FARGO nor are they " bureaus ''. The only true credit bureau is the CFPB and they DO NOT furnish consumer reports as stated in federal law. 

The second thing to take note on is that WELLS FARGO is in violation of multiple laws set forth by Congress in regards to the account because pursuant to 15 U.S. Code 1681a ( 2 ) ( a ) ( i ), it states that the consumer report does not include information solely as to transactions or experiences ( payment history, charge off status ), between the consumer ( myself ) and the person ( WELLS FARGO, XXXX, XXXX, XXXX ) making the report. Additionally, per 15 U.S. Code 1681 s-2 ( a ) ( 1 ) ( A ) states that a person ( WELLS FARGO ) shall not furnish any information relating to a consumer ( XXXX ) to any consumer reporting agency ( XXXX, XXXX, XXXX ) XXXX the person knows or has reasonable cause to believe that the information is inaccurate. WELLS FARGO can not collect on a XXXX debt. This is now considered a certificate of indebtedness per the IRS and income can not be reported. The IRS Clearly defines a charge off / cancelled debt as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes reporting of this account inaccurate. I provided a screenshot from the IRS website. By Definition, the IRS Clearly says a Cancelled debt or Charge off is Income. The reporting of this account as a debt is inaccurate. I never received a 1099 form from WELLS FARGO for the cancelled debt in order to file as ordinary income. 

Lastly, I did NOT give XXXX, XXXX, or XXXX written authorization or written instructions to report this information pursuant to 15 U.S. Code 1681b ( 2 ). And when I gave them my consumer instruction to remove this account, they denied me my consumer right. They have not only violated the Fair Credit Reporting Act, but they have committed aggravated identity theft as I clearly did not consent / revoked consent and Ive sustained defamation of my character, just to name a couple damages should this matter escalate to court. Because both WELLS FARGO and XXXX, XXXX, and XXXX have conspired against me collectively, they have both collectively violated my rights under 18 U.S. Code 241 - Conspiracy against rights, which states 18 U.S. Code 241 - Conspiracy against rights If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same ; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured They shall be fined under this title or imprisoned not more than ten years, or both ; and if XXXX results from the acts committed in violation of this section or if such acts include XXXX or an XXXX XXXX XXXX, XXXX XXXXXXXX XXXX or an attempt to commit XXXX XXXX XXXX, or an attempt to XXXX, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced tXXXX XXXX

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