Consumer complaint received 2024-11-04
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: Continental Finance Company, LLC (NY)

Subject : Formal Complaint for Removal of Inaccurate Account Information and Compensation Request Re : Unauthorized Data Reporting and Violation of Consumer Rights under the FCRA Dear To whom it may concern I am writing to formally dispute and demand the immediate removal of inaccurate information from my credit report in accordance with my rights as a federally protected consumer under the Fair Credit Reporting Act ( FCRA ). Additionally, I am officially opting out of any and all authorizations I may have previously grantedwhether written, unwritten, verbal, or non-verbalregarding the reporting of information that does not comply with federal law. 
Legal Basis for Removal Pursuant to 16 CFR Part 313 ( Privacy of Consumer Financial Information ) and 16 CFR Part 433 ( Preservation of Consumers ' Claims and Defenses ), I am asserting the following : 16 CFR Part 313 mandates the protection of consumer financial information and restricts the unauthorized sharing of personal data.

16 CFR Part 433 ensures that consumers ' claims and defenses are preserved, prohibiting the inclusion of unfair or deceptive acts or practices by data furnishers in credit reporting. Specifically, 16 CFR 433.2 ( a ) requires any holder of a consumer credit contract to be subject to all claims and defenses the debtor could assert against the original seller.

Unauthorized Reporting of Charge-Off Accounts Under FCRA regulations, a charge-off should not appear on my credit report as it represents a certificate of indebtedness or an accounting adjustment, which in legal terms can be categorized as income and therefore should not be reported to credit bureaus. The report of this charge-off represents an inaccurate portrayal of my financial standing and an unauthorized disclosure of my private information. 
Request for Deletion and Compensation I hereby demand the following : Immediate Deletion of any charge-offs or similarly misclassified accounts that violate 16 CFR Parts 313 and 433, FCRA, and the Truth in Lending Act.

Compensation for the violation of my rights as a consumer due to the unauthorized reporting of inaccurate information. The impact of this erroneous reporting has affected my creditworthiness and caused me undue stress and inconvenience.

Confirmation in writing that all inaccurate and unauthorized information has been removed from my credit file and details regarding the compensation process. 
Notice of Preservation of Consumer Claims and Defenses As per 16 CFR 433.2, please note the following provision applies : NOTICEANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 
Failure to respond to this request may lead to further action to enforce my rights as a consumer, including but not limited to legal avenues.

Thank you for your immediate attention to this matter. I expect confirmation of these changes and a response regarding compensation within XXXX  days, as per the FCRA 's required response timeline. 

Company name : XXXX XXXX XXXX