Consumer complaint received 2022-10-07
Company: CBC Companies, Inc.
State: MS
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: Investigation took more than 30 days

Complaint:
VIOLATIONS & AMOUNT PER VIOLATION FACTUAL DATA has been reporting this bankruptcy on my credit report from XX/XX/XXXX to the current date as of this complaint XX/XX/XXXX which is 3 years and 4 months ( 40 months x $ XXXX each month = {$40000.00} ). 
15 USC 1684n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.

Being that FACTUAL DATA is a corporation ( See Exhibit D ), they obtained my consumer report under false pretenses or knowingly without a permissible purpose. ( {$1000.00} ) 15 USC 1684n ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. 

After contacting FACTUAL DATA and informing this company that they are reporting an unverifiable bankruptcy ( public record ) on my credit report and after sending them the 2nd notice ( Exhibit B ) with a copy of the Courthouse letter stating that the courthouse does not report to any consumer reporting agencies, FACTUAL DATA willfully and negligently kept reporting this bankruptcy on my credit report. The continuance of reporting this bankruptcy on my credit report is a direct violation of the following federal law. 
15 USC 1681o- ( a ) In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure; and ( 2 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. 

I did not give written permission to FACTUAL DATA to report this bankruptcy ( public record ) on my credit report. FACTUAL DATA also accessed my information from three ( 3 ) consumer reporting agencies without my permission. Therefore, FACTUAL DATA did not have a permissible purpose to report this bankruptcy on my credit report. ( {$1000.00} violation/month = 40 months for each consumer reporting agency time 3 ) 15 USC 1681b - Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

By reporting this bankruptcy on my credit report, FACTUAL DATA has violated my privacy rights. The reporting of this bankruptcy has caused defamation of my character, my mode of living because I have been very stressed out from the numerous denials needed to take care of my family, and my ability to obtain credit for my everyday household needs and causing me to having to settle with credit that subjects me to high interest rates and resort to payday loans and cash advances which subjected me to predatory lending. ( {$1000.00} violation ) 15 USC 6801 - Protection of nonpublic personal information ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.

FACTUAL DATA failed to report verifiable and accurate information on my credit report for each of the accounts dealing with the bankruptcy being reported. ( {$1000.00} per violation for each month of reporting inaccurate and unverifiable information = {$40000.00} ) 15 USC 1681e - Accuracy of Report - ( b ) Accuracy of report- Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 

FACTUAL DATA did not provide proof of the certification document giving them permission to prepare or furnish an investigative consumer report. ( {$1000.00} x 3 reports from the credit bureaus ) 15 USC 1681d - ( d ) ( 1 ) Prohibitions ( 1 ) Certification - A consumer reporting agency shall not prepare or furnish an investigative consumer report unless the agency has received a certification under subsection ( a ) ( 2 ) from the person who requested the report.

FACTUAL DATA did not verify this bankruptcy within the 30-day period from my first notice ( Exhibit A ) from the date of their response dated 7/18/2022 ( Exhibit C ) and is not is not supposed to be reporting the bankruptcy on my credit report. ( {$1000.00} ) 15 USC 1681d - ( d ) ( 3 ) Certain public record information Except as otherwise provided in section 1681k of this title, a consumer reporting agency shall not furnish an investigative consumer report that includes information that is a matter of public record and that relates to an arrest, indictment, conviction, civil judicial action, tax lien, or outstanding judgment, unless the agency has verified the accuracy of the information during the 30-day period ending on the date on which the report is furnished.

Thus resulting in knowingly transferring, possessing, and using without lawful authority a means of identification of me, FACTUAL DATA committing identity theft. There is no public record and FACTUAL DATA can not furnish this information because I did not give them permission to report the bankruptcy/public record to my credit report.

18 USC 1028A - Aggravated identity theft ( a ) Offenses. ( 1 ) In general. Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.

I have attached a copy of my state issued license for identity verification.

Company response to consumer: Closed with explanation