Consumer complaint received 2020-07-27
Company: U.S. BANCORP
State: NV
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
30 day late has decimated my credit score by approx. 100, and because of happening in the middle of the Pandemic has been even more disastrous. I can not get any decent loan with such a recent negative late item. Ample time has passed. No correction r has been made. Email included : Custserv - Fargo Consumer Card Shared XXXX Wed XX/XX/XXXX XXXX XXXX   Dear XXXX XXXX : Thank you for contacting Cardmember Service via our website about your U.S. Bank Visa account ending in XXXX. 

We have referred your inquiry to the Office of the President to ensure that your concerns are answered appropriately. 

Please contact us again if we can be of further assistance. 

Sincerely, XXXX XXXX. 
Cardmember Service Advisor -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - At U.S. Bank, we have safeguarded money and account information for more than 150 years. Online Banking is no exception. We take all necessary precautions to ensure your accounts and personal information are secure. 

For your protection, please do not send personal information such as account or Social Security numbers through unsecured email. To send personal information through email, please do so through our secured email service. 
To access our secured email service : - Point your browser to usbank.com - Log into your account ( s ) using your User ID and Password - Select Customer Service at the top of the page, then select Contact Us, and click the email us link - Submit your information through the form provided U.S. Bank XXXX XXXX XXXX XXXX, ND XXXX https : //www.usbank.com/privacy/ Privacy policy and security | U.S. Bank At U.S. Bancorp , trust has always been the foundation of our relationship with customers ; we respect your privacy and safeguard your information. 
www.usbank.com -- -- -Original Message -- -- - From : XXXX XXXX Sent : Tuesday, XX/XX/XXXX XXXX XXXX  To : Custserv - Fargo Consumer Card Shared XXXX Subject : Email Us Category : Other Name : XXXX XXXX SSN : x PID : XXXX Email Address : XXXX User Agent Information : Name=Chrome, Version=70.0,  Platform=WinNT, XXXX ( Windows NT XXXX ; XXXX ; XXXX ) XXXX ( XXXX, like XXXX ) XXXX XXXX XXXX Account Number : XXXX Comment Box or Question : Attention for Supervisor Only : Negative 30 late is incorrectly being reported to the credit bureaus regarding this account. the account was already enrolled during the Pandemic assistance Program. Carefully review the consumer rights during this pandemic my rights as I have listed them below. Additionally being from California resident there is no need to ask for dispute/investigation. I do not wish to proceed legally despite having grounds to. Please do what the law requires and remove the incorrect data as you can see the account was enrolled in the Program prior to being over 30 days late. If this doesn't get resolved quickly I'll be forced to act. Thank you for your attention to this. 

Section 4021 of the CARES Act protects consumers who are approved by their creditor for a forbearance, workout, or similar accommodation. For these consumers, Section 4021 provides : If the consumer was able to obtain the accommodation while they were still current ( i.e., less than 30 days late ), their accounts still will be reported as current. 
SPECIAL ENFORCEMENT RIGHTS FOR CALIFORNIA CONSUMERS California residents have the option to enforce the CARES Act credit reporting provisions before raising a dispute. Unlike other states ( with the exception of Massachusetts XXXX, the FCRA does not preempt the California credit reporting statutes furnisher accuracy requirement. See NCLCs Fair Credit Reporting 10.7.3.2.2. The  California statute does not require a consumer to dispute a report before suing a furnisher for inaccuracy. 
A number of California decisions hold that courts should look to the federal FCRA when interpreting Californias furnisher accuracy requirements. See, e.g., XXXX  v. XXXX  XXXX. XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX Cir. XXXX ) ( because the California FCRA is substantially based on the Federal Fair Credit Reporting Act, judicial interpretation of the federal provisions is persuasive authority and entitled to substantial weight when interpreting the California provisions ). 
For more information Description of the Metro 2 format : See NCLCs Fair Credit Reporting 6.3.2. 
Litigation against furnishers in reinvestigation cases : NCLCs Fair Credit Reporting 6.10.

NCLCs Policy Brief : Protecting Credit Reports During the Covid-19 Crisis ( XX/XX/XXXX ) U.S. BANCORP made the following annotations -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - Electronic Privacy Notice. This e-mail, and any attachments, contains information that is, or may be, covered by electronic communications privacy laws, and is also confidential and proprietary in nature. If you are not the intended recipient, please be advised that you are legally prohibited from retaining, using, copying, distributing, or otherwise disclosing this information in any manner. Instead, please reply to the sender that you have received this communication in error, and then immediately delete it. Thank you in advance for your cooperation. 

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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