Consumer complaint received 2018-08-31
Company: TD BANK US HOLDING COMPANY
State: MD
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
NOTICE TO CEASE AND DESIST Immediate Attention Required Pre-suit Letter Demand FINAL NOTICE XX/XX/XXXX TD BANK USA/XXXX XXXX  XXXX XXXX XXXX XXXX, XXXX XXXX XXXX  Account ID # XXXX XXXX   XXXX XXXX Account # XXXX Fax : ( XXXX ) XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX  Account ID # XXXX XXXX XXXX XXXX Account # XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX Credit File # XXXX XXXX XXXX Fax : ( XXXX ) XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX. 
Washington, XXXX XXXX Federal Trade Commission XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX Office of the Commissioner of Financial Regulation XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX   Account ID # XXXX XXXX XXXX XXXX Account # XXXX XXXX   Credit File # XXXX XXXX XXXX XXXX : Defamation of Character For Libel and/or Slander ; Violation of FCRA ; Negligent and/or willful violations of the FCRA after notice of a dispute from the consumer reporting agency Dear XXXX XXXX XXXX and XXXX  ; Under the laws in the State of XXXX, it is unlawful to make deliberate statements that intend to harm a persons reputation, defamation per quod and defamation per se, without factual evidence or based on hearsay. 

This letter hereby alleges violations under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et eq., the XXXX Consumer Protection Act ( MCPA ), Md. Code. Ann., Com. Law 13-101 et seq., and the XXXX   Consumer Debt Collection Act ( MCDCA ), XXXX. Code Ann., Com. Law 14-201 et seq., with respect to its investigation and reporting of accounts, by providing and reporting false information relating to my aforementioned account and defaming me through the reporting of this erroneous information The defamatory statements include, but are not limited to, the following : ( SEE ATTACHED ) On numerous occasions, erroneous information has been supplied to the Credit reporting agency, XXXX, and reported as such, to include not limited to the status of the account, terms, re-aging historical information, inconsistent reporting, balance, and validation and verification of such asserted balance, failing to reasonably investigate, knowingly and intentionally committing an act in conscious disregard for the rights of others, published material while entertaining serious doubts as to the truth of the publication or with a high degree of awareness of probable falsity or actual knowledge of falsity. 

False Claim & Falsified Account Details 1. Per the attached credit file the first delinquency occurred XX/XX/XXXX, per the attached statements, which fail to span the entire account term, a delinquency was charged on the XX/XX/XXXX closing statement date for XX/XX/XXXX time frame. *** Re-aging**** 2. Per the attached Credit Card Statements another delinquency occurred XX/XX/XXXX, which fails to match the attached Experian Credit File # XXXX XXXX XXXX dated XX/XX/XXXX. *** Re-Aging*** 3. Per Reconciliation Attached see attachment # 3, ALL PAYMENTS AND PURCHASES HAVE BEEN PAID IN FULL.

4. THE BALANCE CLAIMED IS THAT IN WHICH VERIFICATION AND OD VALIDATION HAS FAILED TO BE RECEIVED ( XX/XX/XXXX PREVIOUS BALANCE ), XXXX FEES AND INTEREST DISPUTED PER AFOREMENTIONED WITHIN THIS STATEMENT, AS WELL AS XXXX FEES AND INTEREST ( MOST OF WHICH WAS CHARGED POST CARD HOLDER CLOSING ACCOUNT ), XX/XX/XXXX. 
5. PLEASE BE ADVISED. Per XXXX COMMERCIAL LAW 12-506 - Maximum finance charge -- Open end account ( interest and fees can not be calculated based upon this charge ) 6. For the aforementioned, reasons the trade line is being falsely reported and verified as accurate. 

Attachment # 1 .XX/XX/XXXX XXXX XXXX XXXX XXXX Credit File ( Closed account ) Attachment # 2 Numerous Credit Card Statements dating back from closing date of XX/XX/XXXX to XX/XX/XXXX Attachment # 3Account Reconciliation Credit Card Statements closing date of XX/XX/XXXX to XX/XX/XXXX If you do not cease all related statements a defamation of character lawsuit will be commenced against you. 

In addition, this shall serve as a pre-suit letter demanding that you provide written assurance within five ( 5 ) days from that date of this letter, XX/XX/XXXX, that you will cease and desist from making further factually untrue statements and delete all reported information duplicating misinformation forever. 

If you do not comply with this cease and desist letter within the aforementioned time-period then a lawsuit may be filed in the proper jurisdiction seeking monetary damages as well as pursuing all available legal remedies for your defamation.

Under section 1681s-2 ( b ), it has been concluded that if the consumer can prove the credit information furnisher violated the FCRA negligently or willfully, the consumer may bring an action under state common law for defamation, slander or invasion of privacy. 

XXXX XXXX XXXX is hereby demanded upon to remove all credit reporting, collection and claim with any and all companies, credit reporting agencies and/or any other entities concerning the aforementioned trade line effective immediately for the said reasons.

Company response to consumer: Closed with explanation