Consumer complaint received 2024-11-21
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Problem with personal statement of dispute
Company: Kikoff Inc. (NY)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX XXXX Kikoff, Inc. 
XXXX XXXX, XXXX XXXX XXXX XXXX, CA XXXX XXXX : XXXX XX/XX/year> Subject : Formal Dispute Response to CFPB Complaint To Whom It May Concern, Regarding my CFPB complaint about late payment notations on my credit report. After reviewing your response, I have identified several issues and potential violations of consumer protection laws. I would like to formally dispute the inaccuracies in your reporting and raise concerns regarding your handling of this matter.

Issues with Kikoffs Response 1. Inadequate Proof of Late Payments ( FCRA Violation ) o Your response includes a summary document of dates and amounts but fails to provide verifiable proof of the alleged late payments. Under the Fair Credit Reporting Act ( FCRA ), creditors must ensure that all information they report to credit bureaus is accurate and verifiable. A simple document outlining dates and amounts is insufficient evidence without accompanying transactional records or logs that clearly establish my payment history. 
2. Failure to Notify Adequately o You mention that notifications were sent to " all customers regarding account status, '' but no evidence has been provided to show that I was specifically and adequately notified about my payment status or potential late remarks prior to their being reported. Lack of sufficient and timely notification may violate fair practice standards and could demonstrate negligence in maintaining open communication with consumers.

3. Misrepresentation of Consumer Rights o Your statement that Kikoff " can not remove genuine late or missed payments '' misrepresents consumer rights under the FCRA. If late payments are reported inaccurately or without sufficient evidence, they must be removed regardless of whether Kikoff believes them to be " genuine. '' This misrepresentation undermines my ability to exercise my rights to dispute errors.

4. Failure to Conduct a Thorough Investigation ( FCRA Requirement ) o The FCRA requires data furnishers to perform a reasonable investigation when a dispute is received, especially one filed through the CFPB. Your response does not indicate that a detailed review of the alleged late payments was conducted. Simply reiterating that the payments were " outside the grace period '' without concrete proof of my payment activity does not meet the standard for a proper investigation.

5. Unclear Terms and Conditions Enforcement o You reference the terms and conditions accepted on XX/XX/year>, but fail to provide specific clauses that justify the reporting of late payments or the process for notifying consumers. Transparency in these agreements is essential to ensure compliance with applicable laws. 
6. Account Closure and Reporting Practices o While you mention that my account is currently closed, you do not clarify whether the closure process was conducted in compliance with regulatory standards or how this impacts the accuracy of your reporting. Reporting closed accounts with disputed late payments may further harm consumers if done inaccurately or without proper justification.

Relevant Case Studies To support my concerns, I reference the following legal precedents that demonstrate the importance of compliance with consumer protection laws : 1. XXXX XXXX XXXXXXXX XXXX XXXX XXXX : This case established that creditors must provide complete and accurate documentation when reporting to credit bureaus. Failure to do so undermines the consumer 's rights and violates federal law. 
Request for Action To resolve this matter, I request that Kikoff : 1. Provide complete and verifiable evidence of the alleged late payments, including transactional records, timestamped payment logs, and proof of notifications sent to me regarding account status and payment issues.

2. Conduct a thorough investigation of the disputed late payments as required under the FCRA and provide a detailed explanation of your findings.

3. Remove any inaccurate or unverifiable late payment notations from my credit report.

4. Clarify the terms and conditions referenced in your response and how they justify your reporting practices in this case.

5. Provide documentation regarding the closure of my account, including details of any adverse action taken and notifications provided to me.

Potential Consumer Protection Violations If these issues are not addressed promptly and appropriately, I reserve the right to escalate this matter further. I am prepared to take this dispute to arbitration, which will significantly increase costs for your company. Arbitration costs, including fees for arbitrators and legal representation, could outweigh the resources required to resolve this dispute amicably. I may also file additional complaints with the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ) and consider legal remedies to enforce my rights under the FCRA and other applicable laws.

Response Deadline Please respond to this letter with all requested documentation and evidence within 30 days of receipt. Failure to comply may result in further action to protect my rights and resolve this matter.

Thank you for your attention to this issue. I look forward to your prompt and satisfactory response. 
Sincerely, XXXX XXXX