Consumer complaint received 2024-08-08
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: Upgrade, Inc. (GA)

I am writing this letter to bring to your immediate attention a serious violation of the Fair Credit Reporting Act ( FCRA ) committed by Upgrade INC . Specifically regarding the furnishing of inaccurate information on my XXXX and XXXX consumer reports to consumer reporting agencies, which includes a charge off. I, as a consumer, adamantly assert that such actions of furnishing negative information is causing substantial economic harm to myself and my household. As a result, I have suffered various harms, including the denial of new credit and increases in lines of credit. This invasion of my privacy has caused reputational, emotional, physical, and economic harm. I am a victim of identity theft. 

I wrote a notarized letter to Upgrade INC on XXXX XXXX via certified mail [ # XXXX ], which was received on XX/XX/year> at XXXX am concerning this issue. I referred to 15 U.S.C. 6803 ( a ) and 15 U.S.C. 1681s-2 ( a ) ( 8 ) ( E ) regarding the fact that I never received these disclosures, I then requested these disclosures pursuant to Rule 1002, along with the certified mail tracking number, and reminded them of their duty to investigate this matter to no avail. To date, I have not received any of these documents.

After further review of 15 U.S. Code 1681b ( f ), I am also requesting their general or specific certification pursuant to Rule 1002, as required by 15 U.S. Code 1681e ( a ) to furnish information on my consumer reports. Additionally, I am requesting that Upgrade INC provide me with the tracking number and certified mail receipt of the notice of negative information that was to be provided to me, in writing, as required by 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( A ) within the timeframe established by 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( B ), prior to or no later than 30 days after Upgrade INC furnished any negative information on my consumer reports, also pursuant Rule 1002. Without this preponderance of evidence or proof of compliance Upgrade INC is in violation of the FCRA. I have received no such notice.

Furthermore, a creditor may not treat a payment as late, unless it has mailed or delivered the required notice under 15 U.S.C. 1637 ( b ). I am also requesting proof pursuant Rule 1002 that this noticed was mailed or delivered to me not later than 21 days before the payment due date; including but not limited to the certified mail receipt. I have received no such notice.

Failure to provide this documentation is an indication that Upgrade INC has violated laws, including 15 U.S. Code 1681e ( a ) and 15 U.S. Code 1681b ( f ). This would also indicate that 15 U.S. Code 1681q is applicable, which is tantamount to 18 U.S.C. 1028A. Under this provision, Upgrade INC is liable for damages pursuant 15 U.S.C. 1681n ( a ) ( 1 ) ( B ). 15 U.S.C. 1681m ( f ) should also be recognized as this is yet another violation.

References : Case Law : section 523 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6823 ) 15 U.S.C. 1681s-2 ( a ) ( 8 ) ( E ) 15 U.S.C. 1681s-2 ( a ) ( 5 ) ( A ) 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( A ) ( i ) 15 U.S.C. 1666b 15 U.S.C. 1637 ( b ) 15 U.S.C. 6803 ( a ) 15 U.S.C. 1681b ( f ) 15 U.S.C. 1681n ( a ) ( 1 ) ( B ) 12 CFR Part 1022 15 U.S.C. 1681e ( a ) 15 U.S.C. 1681q 18 U.S.C. 1028A 15 U.S.C. 1681m ( f ) Rule 1002. Requirement of the Original