Consumer complaint received 2022-06-26
Company: Santander Consumer USA Holdings Inc.
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
As of XX/XX/XXXX I recently got a copy of my Consumer report and in my findings I found Numerous Inaccuracies being reported to the Consumer reporting agencies XXXX XXXX XXXX as well as these debt collectors Santander Consumer USA ( ACCOUNT # XXXX ) XXXX XXXX ( ACCOUNT # XXXX ) XX/XX/XXXX ( # XXXX ) XXXX XXXX ( # XXXX ) PA child support enforce ( ACCOUNT # XXXX )XX/XX/XXXX ( ACCOUNT # XXXX ) XXXX ( ACCOUNT # XXXX ) ( ACCOUNT # XXXX ) XX/XX/XXXXXXXX XXXX ( ACCOUNT # XXXX ) Each one of these accounts states : Account Status CLOSED_CHARGE_OFF or Payment after Charge Off Which are VIOLATING MY CONSUMER PROTECTION RIGHTS by reporting inaccurate/incorrect information of these debts they are reporting each debt to my consumer report as Closed and charge-off accounts which I found to be in clear violation of my consumer protection rights NOTICE TO AGENT IS NOTICE TO PRINCIPLE NOTICE TO PRINCIPAL IS NOTICE TO AGENT It States Under Federal Law:15 US CODE 1681 SXXXX2 RESPONSIBILITIES OF FURNISHERS OF INFORMATION TO CONSUMER REPORTING AGENCIES ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION1 ) PROHIBITION ( A ) REPORTING INFORMATION WITH INACCURATE KNOWLEDGE OF ERRORS A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 

DUTY : a moral or legal obligation ; a responsibilityACCURATE : correct in all details ; exactPROHIBITION : a law or regulation forbidding something As defined by The IRS Even if you didn't receive a form 1099-C you must report canceled debt as gross income on your tax return. 

The IRS clearly defines a charge off as gross or ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes your reporting of this account inaccurate! 

By definition The IRS clearly says a canceled or charge off is income. the reporting of this account as a debt is inaccurate 15 USC 1681s-2 says you the debt collector are a furnisher of information to a consumer reporting agency. 

You ARE PROHIBITED BY LAW to furnish inaccurate information and I demand you to Cease and Desist the reporting of incorrect/inaccurate information immediately. 
15 USC 1681 s-2 ( a ) ( 1 ) ( A ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate the lender must file from 1099-C and send you a copy if the amount of debt canceled is {$600.00} or more and the lender is a financial institution, credit union, federal government agency, or other applicable entity as discussedEarlier in chapter 1.the above paragraph is taken directly from the IRS 2021 publication. 

SEND ME MY FORM 1099-C that you should have sent when you filed the account as a canceled debt. Which they did not do which is also a violation of my consumer protection rights and also tax fraud. 

15 us code 1681 s - 2 ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION1 ) PROHIBITION ( B ) REPORTING INFORMATION AFTER NOTICE AND CONFIRMATION OF ERRORS A person shall not furnish information relating to a consumer to any consumer reporting agency if- ( I ) the person has been notified by the consumer, at the address specified by the person for such notices thats, that specify information is inaccurate ; and ( II ) the information is, in fact, inaccurate. 

In conclusion I have shown you and you have been put on notice that you are reporting inaccurate information. the information is, in fact, inaccurate.The continued reporting of this inaccurate information is a clear violation of the law15 USC 1681 s-2 of your responsibilities as a furnisher of information.You have caused me and my family severe harm due to your negligence and inaccurate reporting. 

This is a final opportunity to CURE and DELETE this Erroneous, inaccurate account from my Consumer report. 
YOU HAVE 10 calendar days to DELETE THESE ACCOUNTS FROM MY CONSUMER REPORT

Company response to consumer: Closed with explanation