Consumer complaint received 2024-09-17
Product: Debt collection — Auto debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: SANTANDER HOLDINGS USA, INC. (TX)

To Whom It May Concern, I am writing to express my extreme frustration and utter disgust after discovering that the following SANTANDER CONSUMER USA have reported charge off on my consumer report : SANTANDER CONSUMER USA and account number ( XXXX ). 
According to the IRS, when a debt is charged off by a creditor, it means the creditor has given up on attempting to collect the debt and has declared it as a loss for tax purposes. 
When a creditor charges off a debt, they're required to file a 1099-C form with the IRS, which reports the amount of the canceled debt as income. This means that I may owe taxes on the charged-off amount, even though I didn't receive any money from the creditor. 
Let me be clear, the charge off on my consumer report is/are a blatant violation of my consumer rights and will not be tolerated. I demand the immediate removal of these late payment ( s ) without any further delay! 
I would like to remind you that the consumer law ( s ) cited below are not suggestions, but are in fact, legal- ly binding regulations that you are required to follow. 
15 USC 1681a 2 -Exclusions ( a ) ( i ) is a subsection of the Fair Credit Reporting Act that clearly states Any report containing information solely as to transactions and experiences between the consumer and the person making the report. 
15 USC 6802 is a section of the United States Code that outlines the obligations of financial institutions with respect to the disclosure of personal information. 15 USC 6802 outlines the " Opt Out '' requirements for financial institutions when disclosing nonpublic personal information to nonaffiliated third parties. institutions are required to clearly and conspicuously disclose to the consumer, in writing or in electronic form, that their personal information may be disclosed to third parties. The consumer must be given the opportunity to direct that their information is not disclosed and must be provided with an explanation of how they can exercise that option.

15 USC 1681b ( a ) ( 2 ) is a section of the United States Code that outlines the permissible purposes for which a consumer reporting agency may furnish a consumer report. In general, a consumer reporting agency may furnish a consumer report only under the following circumstances and no other : 1 ) The consumer must give written authorization, and I did not and will not give any creditor the right to add negative, inaccurate and injurious information to my consumer report. 
It is clear that the charge off ( s ) on my consumer report is/are in direct violation of the laws cited above. As such, I am entitled to receive damages for this willful noncompliance. Let me be unequivocally clear, according to 15 US Code1681n, I can charge {$1000.00} for damages if you fail to remove this item immediate- ly, as it is causing me significant harm and distress. 
I demand that you take immediate action and rectify this issue promptly. Any delay or inaction on your part will be considered a deliberate attempt to violate my consumer rights and will not be tolerated. 
I do not expect to receive a verification of the item in question as it is abundantly clear that it is in violation of the law. I demand that you send me an updated copy of my consumer report once the disputed item has been removed. 
I trust that you will take this matter seriously and resolve it immediately. 
Sincerely, XXXX XXXX XXXX XXXX