Consumer complaint received 2024-12-18
Product: Debt collection — Auto debt
Issue: Electronic communications — You told them to stop contacting you, but they keep trying
Company: Amsher Collection Services, Inc. (TN)

subject : Request for Further Investigation into Inadequate Verification of Disputed Information To Whom It May Concern, I am writing to express my deep disappointment and concern over the response I received regarding my recent complaint submitted to the Consumer Financial Protection Bureau ( CFPB ). The response merely stated that my complaint was verified without providing definitive answers, clear documentation, or the identity of the individual or entity responsible for verifying the information in question. 
As a federal agency charged with implementing and administering federal consumer financial laws, the CFPB is committed to ensuring that companies meet their obligations as defined by Congress. This commitment includes ensuring that companies providing information to credit reporting agencies ( CRAs ) comply with the Fair Credit Reporting Act ( FCRA ) and related regulations. These laws require companies to ensure that disputed information is adequately verified and to remove information that can not be substantiated. 
Unfortunately, the response I received from the CFPB failed to meet these standards of accountability and transparency. Without clear evidence of how my complaint was verified, it remains unclear whether the data furnisher complied with the legal requirements outlined in the FCRA. This lack of transparency undermines my confidence in the CFPBs investigation process and the agencys ability to uphold its mission of protecting consumers like me. 
I would like to draw your attention to the recent XXXX brief filed by the CFPB and the Federal Trade Commission ( FTC ) in XXXX XXXX XXXX XXXX XXXX. In this case, the agencies emphasized that companies providing information to CRAs must ensure its accuracy and remove information that can not be verified after it has been disputed. The CFPB 's involvement in this case reflects the agencys strong stance on holding companies accountable for failing to verify disputed information. I respectfully urge the CFPB to apply this same standard in reviewing my case. 
Given the inadequate verification provided in response to my dispute, I humbly request that the CFPB reopen my complaint and conduct a thorough investigation into the accuracy of the information in question. I also request that the CFPB direct the credit reporting agencies to remove this information if it can not be adequately verified with specifics. 
As a consumer, I rely on the CFPB to enforce fair credit reporting laws and ensure that the rights afforded to me under these laws are upheld. I believe that a thorough investigation, accompanied by transparency and accountability, is necessary to restore confidence in the CFPBs commitment to protecting consumers from inaccurate credit reporting. 
Thank you for your time and attention to this matter. I trust that you will take the necessary steps to address my concerns and uphold the standards set forth by Congress. Please do not hesitate to contact me if further information or clarification is needed. Enclosed are the letter that Ive written for the third time. 


Sincerely XXXX XXXX XXXX ________________________________________ XXXX Dispute Resolution Department XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX Subject : Immediate Deletion Request for Inaccurate Reporting under the Fair Credit Reporting Act ( FCRA ) Dear XXXX, I am writing to formally dispute the accuracy of an account listed on my credit report. The account in question, reported by XXXX, contains contradictory and incorrect information, which violates the standards of accuracy as mandated by the Fair Credit Reporting Act ( 15 U.S.C. 1681 ).

Specifically, the account shows the following : Charge-Off Date : XX/XX/XXXX Last Date Active : XX/XX/XXXX Last Date of Payment : XX/XX/XXXX This timeline is logically inconsistent. It is impossible for the account to reflect a charge-off date of XX/XX/XXXX while simultaneously indicating no activity after XX/XX/XXXX and a last payment date of XX/XX/XXXX. By XXXX 's own reporting, this account was no longer active after XX/XX/XXXX. These inaccuracies are materially harmful to my credit profile and must be corrected. 
Under the FCRA, XXXX has an obligation to report only information that is accurate, complete, and verifiable. I request that you : 1. Immediately investigate and verify the accuracy of the information provided by XXXX. 
2. Remove this account from my credit report if the inaccuracies can not be fully substantiated and corrected within the statutory 10-day period. 
Please find enclosed copies of my credit report highlighting the disputed information, along with any supporting documents. I expect to receive confirmation of your investigation and resolution of this matter promptly. 
Thank you for your attention to this critical issue. I trust that XXXX will handle my request in compliance with the law and with the utmost care. 
Sincerely, XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX Subject : Final Demand to Cease Collection Efforts, Address 1099-C Compliance, and Delete Inaccurate Information from XXXX To Whom It May Concern : This is my third correspondence regarding your continued violations of federal law concerning an alleged debt. Despite being sent a formal Cease and Desist letter under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692c ( c ), you persist in contacting me daily regarding a debt you claim has been " written off. '' Additionally, you have failed to comply with Internal Revenue Service ( IRS ) regulations requiring the issuance of a 1099-C Cancellation of Debt Form for debts that have been discharged or deemed uncollectible.

This letter serves as a final demand for you to cease all collection efforts, including phone calls, and to delete all reporting of this alleged debt from XXXX, as it is inaccurate, unverifiable, and inconsistent with your claim of writing off the debt. 
Failure to Issue a 1099-C Under the Internal Revenue Code ( IRC ) 6050P, creditors are required to issue a 1099-C when a debt of {$600.00} or more is canceled, discharged, or otherwise deemed uncollectible, and the creditor stops pursuing payment. Per the IRS, the issuance of a 1099-C is necessary when : 1. The creditor makes a decision to cancel or discharge the debt.

2. There is no longer an intent to collect the debt or engage in collection efforts.

3. The statute of limitations for collection has expired, or the debt is written off for tax purposes.

By failing to issue a 1099-C, you are potentially in violation of federal tax reporting laws, which may expose you to penalties from the IRS. Furthermore, any continued collection efforts on a debt you have represented as written off are contradictory and misleading, constituting a violation of the FDCPA, 15 U.S.C. 1692e ( 2 ) ( A ), which prohibits false representations of the character, amount, or legal status of a debt. 
Reporting to XXXX Your inconsistent reporting to XXXX, while the same information is absent from other credit bureaus, indicates a failure to comply with the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681e ( b ), which requires information reported to credit bureaus to be accurate and complete. The continued reporting of this alleged debt, despite being written off and without the issuance of a 1099-C, is not only inaccurate but also misleading.

Legal Consequences If you fail to resolve these issues within 10 days of receiving this letter, I will pursue the following actions : 1. File complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and the Internal Revenue Service ( IRS ) regarding : o Your failure to comply with tax reporting obligations under IRC 6050P.

o Your repeated violations of the FDCPA by continuing collection calls after being sent a Cease and Desist letter. 
o Your inaccurate reporting of this alleged debt to XXXX, in violation of the FCRA.

2. Initiate legal action seeking statutory damages under : o 15 U.S.C. 1692k for violations of the FDCPA, entitling me to up to {$1000.00} in statutory damages, plus actual damages, attorneys fees, and court costs.

o 15 U.S.C. 1681n/o for willful or negligent noncompliance with the FCRA, entitling me to damages, punitive damages, and attorneys fees. 
3. Notify XXXX to dispute the account and provide evidence of your noncompliance, which will strengthen my claim for deletion of this inaccurate information. 
Demand for Immediate Action I demand the following immediate actions : 1. Cease all collection calls and communications regarding this alleged debt.

2. Issue a 1099-C Cancellation of Debt Form, if you have indeed written off this debt.

3. Delete all reporting of this debt from XXXX due to its inaccuracy and noncompliance with federal laws. 
Your failure to comply with these demands will result in further legal action, as outlined above. 
Sincerely, XXXX XXXX Enclosures : 1. Copy of Cease and Desist letter.

2. Proof of prior correspondence. 
XXXX XXXX XXXX XXXX XXXX XXXX Account # : XXXX Account Type : Installment Account Type - Detail : Auto Loan Bureau Code : Individual Account Status : Derogatory Monthly Payment : {$0.00} Date Opened : XX/XX/XXXX Balance : {$19000.00} No. of Months ( terms ) : XXXX High Credit : {$31000.00} Credit Limit : {$0.00} Past Due : {$19000.00} Payment Status : Collection/Chargeoff Last Reported : XX/XX/XXXX Comments : Subscriber reports dispute resolved - consumer disagrees. 
Unpaid balance reported as a loss by the credit grantor. 
Date Last Active : XX/XX/XXXX Date of Last Payment : XX/XX/XXXX Two-Year payment historyLegend Month XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX