Consumer complaint received 2024-11-02
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: WHEELS FINANCIAL GROUP, LLC. (CA)

XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX XXXX XX/XX/XXXX XXXX LOANMART/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX Re : You violated 15 USC 1666b Request for Payment History Update!

To Whom It May Concern : I received a copy of my consumer report, and noticed late payment ( s ) on an account that I am requesting to be updated to paid on time, never late. The account is as follows : Account number : XXXX Your company has violated my consumer rights under the Fair Credit Reporting Act ( FCRA ) or 15 USC 1681 ; I have suffered emotional distress as a result of this matter and I have felt suicidal lately as a result so I am requesting this matter be resolved in a fair and equitable manner, that follows what the FCRA stands for.

Under the congressional findings section, Congress explained how it is important to respect the consumers right to privacy as stated in the following : ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.

By continuing to report this information that is harming my reputation and creditworthiness, your agency is conspiring with these consumer reporting agencies, alluding to XXXX, XXXX and XXXX in defamation of my character. The civil liability for willful noncompliance holds violators accountable under this section. 

A consumer report is defined as the following, under the Fair Credit Reporting Act : ( d ) Consumer Report.

( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumerscredit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.

Now that weve addressed a consumer report, it is important to be aware of the Fair Credit Reporting Acts EXCLUSION section in my explanation of HOW and WHY these late payments should be CORRECTED and updated to paid on time, never late. The exclusion section or 15 USC 1681a ( 2 ) A ( i ) says the following : ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; The Fair Credit Reporting Act ( FCRA ) CLEARLY explains that TRANSACTIONS or EXPERIENCES between the consumer and the person making the report are to be EXCLUDED or NOT INCLUDED on a consumer report. I am the consumer and a person ( your entity ) is defined as the following under the FCRA : ( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. 

This term person includes your entity thats the furnisher of the information that appears on my consumer report. The fact that this is being reported late is payment history that is under TRANSACTIONS. 

I have this on record that I have explained this to your agency and therefore the information is classified as inaccurate because it is EXCLUDED from a consumer report, so in other words your agency has reasonable cause to believe that the information is inaccurate as 15 USC 1681s-2 says : ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if theperson knows or has reasonable cause to believe that the information is inaccurate.

Also, your agency has violated the timing of payments law under 15 USC 1666b.

15 U.S. Code 1666b - Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose Your agency is the creditor and the open end consumer credit plan is the credit card account of the consumer, which is me. 
These reported late payments are not only a violation of federal law, but they have damaged me in the form of defamation of my character and your agency has committed aggravated identity theft, because I didnt give you written permission to report this information, which is a clear violation of the permissible purposes section of the Fair Credit Reporting Act, pursuant to 15 USC 1681b ( 2 ).

I am demanding you to notify the consumer reporting agencies to correct the above late payments from my consumer report to a status of paid on time, never late.

Furthermore, before you go to the next section with the information I require to validate this alleged obligation, I am FIRST requesting PROOF of your license to collect on this alleged obligation in the state of *insert their state*. If you can not even provide PROOF of that, then this conversation is already over and this information needs to be UPDATED to PAID ON TIME, NEVER LATE from reporting on all consumer reporting agencies because if you do not provide that proof that is just informing me that you are participating in ILLEGAL activity and I will be pressing charges against your agency. 
If your office fails to respond to this request within 30 days, all reports of these accounts being late must be UPDATED to paid on time, never late on all XXXX major credit bureaus AND I will need a new copy of my credit report sent to the address listed above. 
The Gramm-Leach-Bliley Act ( GLBA ) requires financial institutions to explain their information-sharing practices to their customers and to safeguard sensitive data. GLBA also restricts the occasions in which a financial institution can disclose a consumers nonpublic personal information to third parties. 
This is where your agency messed up and violated me. 
Your agency has violated my consumer rights, pursuant to 15 USC 6802. It says the following : 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information, THE LAW CLEARLY STATES : ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 

A : Creditor did not disclose to me the consumer that the information reported would be disclosed to the third party, AKA the consumer reporting agencies ( XXXX, XXXX and XXXX ). 

B : Creditor did not give me an opportunity to direct that such information not be disclosed.

C : Creditor did not give me the consumer an explanation of how I could exercise the non disclosure option.

The law basically states that if all XXXX of these disclosures were NOT provided to me, that is a direct violation of the law and I as the consumer have the right to exercise opting out. 

All XXXX of these disclosures were NOT met, therefore I am demanding to opt out of having my information reported and demanding the reporting information to be UPDATED to paid on time, never late OR I will seek to take legal action against your agency for willfully violating the law after Ive clearly explained to you how youve violated me on numerous counts, which will mean A LOT of monetary compensation headed my way should this matter escalate to court. 

I will be submitting this notice to the Federal Trade Commission and Consumer Financial Protection Bureau as well. 
If this matter does not get resolved, you are participating in criminal violations against me with these consumer reporting agencies, and your CEO or an official of high status will be held liable for criminal penalties pursuant to 18 USC 894, which states : 18 U.S. Code 894 - Collection of extensions of credit by extortionate means ( a ) Whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means ( 1 ) to collect or attempt to collect any extension of credit, or ( 2 ) to punish any person for the nonrepayment thereof, shall be fined under this title or imprisoned not more than 20 years, or both.

This goes back to the definition of creditor, as defined in the Truth in Lending Act, or 15 USC 1602, which states : 15 U.S. Code 1602 - Definitions and rules of construction ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer creditwhich is payable by agreement PLEASE UPDATE ALL THIS INFORMATION and send me a copy of my new updated consumer report.

You have 30 days to respond upon receipt of this letter to update the referenced items to paid on time, never late and send me a new letter notifying me that the information has been updated to paid on time, never late from all consumer reporting agencies and also mail me a new copy of my report or I will be seeking legal action against your agency for these damages. 

Best regards, XXXX XXXX