Consumer complaint received 2023-05-11
Company: Collection Management Holdings, LLC
State: PA
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:
Thank you for responding to my CFPB complaint. In your correspondence sent you have stated you investigated numerous disputes about my consumer report since 2016 and determined the information provided by XXXX XXXX to the consumer reporting agencies is accurate each time see exhibit A1. XXXX XXXX then goes on to say based on their results from the investigation but has never provided any documentary evidence pursuant to 15 U.S.C. 44 to support their investigation See exhibit A2. I now request that these results be presented for me to evaluate. Furthermore, an alleged agreement was signed with XXXX XXXX XXXX XXXX then transferred to XXXXXXXX XXXX XXXX  who are now doing business as XXXX XXXX but being reported to the consumer reporting agency ( XXXX, XXXX and XXXX ) as XXXXXXXX XXXX XXXX. Provide me the chain of tittle and business agreement you all have giving consent for my nonpublic personal information to be conveyed transfer or assigned to any non-affiliate third parties. 

It makes me question the merits of both companies business ethics, that financial institutions that would willfully violate the consumers rights. After doing my research I found out that this company is required to follow the laws of the Gramm Leach Bailey act. XXXX XXXX has violated my rights to privacy and stated the card agreement provided them with specific rights and I renewed the pledge each time I used the card but does not have a legal and lawfully contract with two wet signatures to support their claim. If that wasn't enough card member service, then adds on a privacy pledge and disclosure of account information agreement to give out my nonpublic personal information to third parties when pursuant to 15 U.S.C. 1693L Congress specifically states no agreement between a consumer and any other person ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) may contain any provision which constitutes a waiver of any rights therefore canceling the consent unlawfully attained by the agreement. 

Your Company knowingly use deceptive means to gained consent an willfully omitted a financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Provide documentary evidence that you have complied with federal law and provided the consumer with an explanation of how to exercise the non-disclosure option. 


Furthermore, as to your allegations that you the creditor adopted reasonable procedures designed to ensure that each periodic statement including the information required is mailed or delivered to me the consumer not later than 21 days before the payment due date is false, in exhibit B you then state While we can assure you that we mailed several items regarding your account to the address on file for your account, we can not guarantee timely delivery by United states Postal Service. Congress stated you must ensure meaning ( Guarantee ) and you specifically stated that you can not guarantee timely delivery therefore failing to willfully stay in compliance with federal law federal law put in place to protect me the consumer. 

But to continue this scheme card member service then went on to violate the fair credit reporting act by committing aggravated identity theft 18 U.S.C. 1028A to use extortionate means to harm my reputation, by way of Racketeering activity to induce repayment / collection of an extension of credit, by reporting this information to XXXX, XXXX, XXXX. When in fact 15 U.S.C 1681a ( D ) ( 2 ) states a consumer report does not include report containing information solely as to transactions or experiences between the consumer and the person making the report and 15 U.S.C 1681a ( D ) ( 2 ) ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device. 

Inclosing on XXXX XXXX, you stated you would file a 1099-C with the IRS when debt is canceled. On XXXX XXXX it was charged off, so how is a charged off reporting on my consumer report when a charge off is considered income an income is excluded from being reported on a consumer report see exhibit C. Provide me with a completed W9 form so I can have the IRS audit this account to avoid the risk of tax fraud. 

In the event of your failure to provide said documentation, this respondent demands that all alleged debts be properly recorded and officially acknowledge within your records in any other agency as non-existence, included but not limited to all debt collector and consumer reporting agencies XXXX, XXXX and XXXX. 

If you feel any of this information is inaccurate provide documentary evidence in an affidavit under penalties of perjury of what laws or authority allows your agreement to supersede federal laws to protect my consumers rights.

Company response to consumer: Closed with explanation