Consumer complaint received 2021-04-21
Company: AMERICA FIRST FEDERAL CREDIT UNION
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:
America First Credit Union has not complied with FCRA section 623, 15 U.S.C. 1681s-2 ; 12 CFR part 1022, subpart E. by reporting a late payment on a credit card account that was due to me being affected by COVID-19. I called AFCU and advised them of my situation but was still reported late even though I made an advance payment in XXXX of XXXX toward my XX/XX/XXXX payment due. XXXX has refused to remove this late payment and it is a direct violation of my rights as a consumer. A copy of the letters I've submitted to the credit bureaus is below ; I am now making one last final goodwill attempt to have America First Credit Union fix this issue. 

Due to the COVID-19 forbearance program regulations it states that no late payments are to be reported to the financial credit bureau during the time of covids forbearance period. I have listed the late payments on my report I want removed because I'm a victim of XXXX and legally you should not have put them there. 
Failure to comply is a direct violation of FCRA section 623, 15 U.S.C. 1681s-2 ; 12 CFR part 1022, subpart E. : Whenever furnishers provide information to consumer reporting agencies, they have obligations related to the accuracy and integrity of the information they furnish under the FCRA and Regulation V.5 To ensure compliance with these obligations, if furnishers are reporting information to consumer reporting agencies about a credit obligation or account that is current, they should consider all of the trade line information they furnish that reflects a consumers status as current or delinquent. For example, information a furnisher provides about an accounts payment status, scheduled monthly payment, and the amount past due may all need to be updated to accurately reflect that a consumers account is current consistent with the CARES Act. Furnishers are encouraged to ensure they understand the data fields that the consumer reporting agencies to whom they report utilize and which standard data reporting formats may apply. 

The following are listed as being reported late. Please update them due to the forbearance program regulations. This law is as clear as daylight as to the Civil liability and the remedy available to me for negligent noncompliance ( Section 617 ) if you fail to comply with this Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. I demand the following accounts be updated to accurately reflect a clean payment history. 

1. America First Credit Union : - XXXX Reported Late : XX/XX/XXXX If your company fails to comply with federal regulations by credit reporting agencies, you will be required to appear in a court venue local to me, in order to formally defend yourself. I will also have your company investigated by the Federal Trade Commission ( see 15 USC 41, et seq. ). I am also maintaining a careful record of my communications with you for the purpose of filing a complaint with the FTC and the Attorney Generals office, should you continue in your non-compliance. I further remind you that, as in Wenger v. Trans Union Corp., No. 95-6445 ( C.D.Cal. XX/XX/XXXX ), you may be liable for your willful non-compliance.

Company response to consumer: Closed with explanation