Consumer complaint received 2024-09-27
Product: Debt collection — Other debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Mercury Financial Intermediate LLC (TX)

I am filing this complaint against XXXX/Mercury , a third-party debt XXXX XXXX XXXX for XXXX XXXX XXXX XXXX non-compliance with Section XXXX of the XXXX XXXX XXXX, and violations XXXX the Fair Credit Reporting Act ( FCRA ) related to disclosure requirements and unauthorized use of my consumer report. XXXXMercury has XXXX reported inaccurate information based on an alleged debt that was never validated, causing significant harm to my financial reputation and consumer rights. 

XXXX. Violations of the Fair Credit Reporting Act ( FCRA ) : XXXX. Failure to Provide Required Disclosures : XXXXMercury failed to provide legally mandated disclosures as required by the FCRA, XXXX : 15 U.S.C. 1681g : XXXX/Mercury did not provide a full disclosure of the information contained in my file upon my request. This includes details of all information being reported to third parties, as well as the sources of this information. 
15 U.S.C. 1681m XXXX XXXX/Mercury failed to provide notice of adverse action taken against me. This includes, but is not limited to, any negative entries on my credit report as a result of their unauthorized use of my consumer report. The notice should include the name, address, and contact number of the reporting agency, as well as my right to request a free report and dispute inaccurate information. 

XXXX. Unauthorized Use of Consumer Report : XXXX/Mercury engaged in unauthorized access and reporting of my consumer report in violation of : 15 U.S.C. 1681b : The FCRA requires that consumer reports only be obtained for permissible purposes, such as with my explicit consent or for specific purposes like credit transactions or employment background checks. XXXXMercury obtained and reported my consumer report without a permissible purpose or my authorization. 
This unauthorized use and reporting of my consumer information has caused undue harm and an invasion of my privacy rights under the FCRA. 

XXXX. Inaccurate and Misleading Information Reporting : XXXXMercury has reported inaccurate and misleading information on my consumer report, which is in violation of : 15 U.S.C. 1681e ( b ) : The FCRA mandates that credit reporting agencies maintain reasonable procedures to ensure the maximum possible accuracy of the information reported. The information reported by XXXX/Mercury is inaccurate and does not reflect my true credit history. 
The alleged debt reported by XXXXMercury was never validated, as required by the FDCPA ( 15 U.S.C. 1692g ), after I requested validation. This lack of validation makes their reporting unlawful and deceptive.

15 U.S.C. 1681i : Despite my request to dispute the inaccurate information, XXXXMercury failed to conduct a reasonable investigation and did not correct the erroneous information, further violating my rights under the FCRA. 

XXXX. Violations of XXXX XXXX XXXX Section XXXX : XXXX/Mercury is conducting debt collection activities in XXXX without meeting the legal requirement of obtaining a XXXX bond and filing a copy of this bond with the XXXX XXXXXXXX XXXX XXXX. This is a direct violation of XXXX XXXX XXXX Section XXXX, which states : A third-party debt collector or credit bureau may not engage in debt collection in this state unless the third-party debt collector or credit bureau has obtained XXXX XXXX bond and filed a copy of the bond with the Office of the Secretary of State. 
XXXXMercurys failure to comply with this requirement means that all of their collection activities are conducted unlawfully in Texas, XXXX invalidating their alleged claims against me. 

XXXX. Unauthorized Reporting and Usage of Consumer Report : By obtaining and using my consumer report without my authorization, XXXXMercury is in violation of the FCRA and XXXX XXXX XXXX Section XXXX. Such actions are considered identity theft and an unlawful use of my personal information. This constitutes a breach of consumer rights and privacy laws. 
Furthermore, the alleged debt that XXXXMercury is reporting has never been validated, making their reporting and any adverse actions taken against me unlawful and damaging. 

XXXX. Supporting Evidence : Attached to this complaint are copies of : The unauthorized credit report entries by XXXXMercury , demonstrating the inaccurate and unvalidated debt reporting. 
Correspondence between myself and XXXX/Mercury showing my request for validation of the alleged debt and their failure to provide it. 
A search result from the XXXX XXXXXXXX of XXXX office showing no record of a surety bond filed by XXXX/Mercury. 
Any documentation of disputes and XXXXMercurys failure to respond adequately or at all. 

XXXX. Requested Resolution : I request that the CFPB take the following actions : Investigate XXXX/Mercury for their violations of the FCRA, XXXX XXXX XXXX Section XXXX, and the FDCPA. 
Enforce compliance with all relevant laws and regulations, including obtaining a surety bond and providing accurate disclosures as required by law. 
XXXX XXXXMercury to remove all unauthorized and inaccurate information from my consumer report. 
Impose penalties on XXXX/Mercury for their unlawful actions and ensure that they cease all unauthorized use and reporting of consumer information. 
Require XXXX/Mercury to validate any alleged debt in accordance with the FDCPA before engaging in any further collection activities or reporting to credit bureaus. 

XXXX. Conclusion : XXXXMercurys failure to comply with both state and federal laws has caused significant harm to me, including damage to my creditworthiness, stress, and an invasion of my privacy. I trust that the CFPB will take swift and appropriate action to address these serious violations and protect my rights as a consumer. 

XXXX XXXX XXXX XXXX Rights XXXX.