Consumer complaint received 2024-09-15
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: FIRST PORTFOLIO SERVICING INC (MA)

Subject : Formal Complaint Against First Access for Violations of the Fair Credit Reporting Act ( FCRA ) and Failure to XXXX XXXX Dear Consumer Financial Protection Bureau, I am filing this formal complaint regarding the improper and inaccurate credit reporting and debt collection practices by First Access concerning an account in my name, Account Number : [ Your Account Number ]. First Access has violated my rights as a consumer under the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ), causing significant damage to my credit profile and financial standing. I seek the CFPBs assistance in addressing and rectifying this situation. 

Complaint Summary : Inaccurate and Inconsistent Reporting : First Access has been reporting incorrect and inconsistent information regarding my account to the credit reporting agencies ( XXXX, XXXX, and XXXX ). This includes discrepancies in the balance owed, payment history, and date of last activity. These inaccuracies are violations of FCRA 623 ( a ), which requires furnishers to provide accurate information to credit reporting agencies.

Failure to Provide Debt Validation : First Access has failed to provide me with proper debt validation under the FDCPA [ 15 U.S.C. 1692g ]. Despite my formal written request for validation, they have not furnished any documentation proving that the debt is valid, nor have they provided the original signed agreement or payment history.

Failure to Provide Right to Cure Notice : As a resident of Massachusetts, First Access is required by Massachusetts General Laws Chapter 93A to send a Right to Cure Notice before taking adverse actions such as charging off the account or reporting it as delinquent. I have not received any such notice, which is a violation of state law.

Failure to Correct Disputed Information : I have disputed the incorrect information with First Access and the credit bureaus. However, the company has failed to investigate and correct the inaccuracies on my credit reports, which is a violation of FCRA. This has continued to negatively affect my XXXX XXXX and financial opportunities. 

Impact of the Violations : The inaccurate reporting of my account has resulted in significant damage to my XXXX XXXX, negatively affecting my ability to obtain credit, secure housing, and receive fair interest rates. The ongoing discrepancies in reporting and the failure to validate the debt are causing undue stress and harm to my financial well-being. 

Requested Resolution : I am requesting that First Access take the following actions to resolve this matter : Immediate Deletion of All Inaccurate Information : First Access must delete all inaccurate and incomplete information from my credit reports with XXXX, XXXX, and XXXX. This includes removing any incorrect charge-offs, payment statuses, or re-aged accounts. 

Provide Written Confirmation : First Access must provide written confirmation that all inaccurate information has been removed from my credit reports and that they will cease reporting any further information unless proper validation is provided. 

Restoration of XXXX XXXX : First Access must work with the credit bureaus to rectify the damage caused by their inaccurate reporting and ensure that any derogatory marks resulting from their violations are removed from my credit report. 

Provide Debt Validation Documents : First Access must furnish a complete and itemized debt validation, including the original signed agreement and a full payment history of the account. 

Conclusion : I respectfully request that the Consumer Financial Protection Bureau investigate this matter and ensure that First Access complies with all federal and state laws, including the FCRA, FDCPA, and Massachusetts General Laws Chapter 93A. The continued violations are causing severe damage to my creditworthiness and financial stability, and I seek immediate resolution. 

Thank you for your attention to this matter. I look forward to your prompt response and resolution. 

Sincerely, XXXX XXXX