Consumer complaint received 2020-12-08
Company: PNC Bank N.A.
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
Dear Sir or Madam, I'm writing You about account : PNC BANK Account number XXXX Date opened XXXX XXXX, XXXX After obtaining my credit report, I noticed that it shows late payment on the above account with your company. It specifically states that I was late on XX/XX/XXXX. Because of this late entries, it has damaged my credit score and hampered my chances of acquiring new credit. I have previous credit reports from the above mentioned agencies that reflect my account accurately, as paid on time. Not only was I never late on this account, but I never received notice that you were going to insert negative data on my credit report, as you are required by the FCRA. 

FCRA 623 ( a ) ( 7 ) Negative Information ( A ) Notice to Consumer Required In general. If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 603 ( p ) furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer. 
Notice effective for subsequent submissions. After providing such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 603 ( p ) with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer. 

Time of Notice In general. The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 603 ( p ). 
Coordination with new account disclosures. If the notice is provided to the customer prior to furnishing the negative information to a consumer reporting agency, the notice may not be included in the initial disclosures provided under section 127 ( a ) of the Truth in Lending Act.

Reporting inaccurate information is also a violation of the FCRA.

I first contacted the above mentioned credit bureaus about the mistake. They sent me a latter stating you verified the information. How is this possible? I would like you to actually look into my account history this time and not just send an automated verified response! After doing so you will see that I was not 30 days late on XX/XX/XXXX. 
The FCRA allows for damages of {$1000.00} per violation. So far you have violated my rights three times. Twice by never notifying me and once for reporting inaccurate information. I could surely use the XXXX bucks since the interest rate on my other credit cards raised due to your error, not to mention my the priceless cost of my time writing these letters. 
I am sure youre aware and understand that it is required by law that your company must take proper care in ensuring the accuracy of this information with my account ; To ensure compliance with all provisions of the Fair Credit Billing Act, please send me a notarized statement attesting that you have complied with this act in regards to my account. 
Im requiring written evidence for all the payment you claim that I was late according to my obligations with your company. 
If you are not able to provide me this evidence that I am legally entitled to have in writing, I affirm that you please delete all negative references of these late payments entries by your company on all CRAs as they were submitted e.g. XX/XX/XXXX, andXX/XX/XXXX. 
If I have not received these itemized documentations within the period prescribed by law, I will expect to receive written notification that you have deleted all late entries that Ive disputed off my credit report. 

Im thanking you in advance for attending to my requests promptly.

Company response to consumer: Closed with explanation