Consumer complaint received 2024-10-09
Product: Debt collection — Auto debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: WELLS FARGO & COMPANY (GA)

On XX/XX/XXXX This is a complaint to Wells Fargo Auto Credit Bureau Operation for the completeness and/or accuracy of information contained in the consumer file that you maintain about me, pursuant to the provisions of 15 U.S.C. 1681i. After reviewing my credit reports I noticed that your company ( ies ) are violating the Fair credit reporting act by improperly using my credit reports for the following accounts : Wells Fargo Auto {$8800.00} Acct # XXXX **** Charge-off Date opened : XX/XX/XXXX These accounts are charged off and or canceled debt. Because it is canceled/charged off, this is now considered a profit/ certificate of indebtedness per the IRS Publication ( XXXX : XXXX ). The IRS Clearly defines a charge off/cancelled debt as Gross or Ordinary income, and INCOME DOES NOT GET REPORTED ON A CONSUMER REPORT which in fact makes the reporting of this information inaccurate. As your company may XXXXknow it is against the law to report any information not proven accurate. I demand that you provide me with concrete evidence of my obligation to said account. Please be aware all negative remarks found on my credit report is a violation of the FCRA and FDCPA when your company can not furnish the validity of the remark. I am not in dispute of the ownership of the accounts so there is no need to " verify '' it, but if your company insists on " verification '' then I request that you mail me a copy of the complete consumer file that you maintain concerning me after you act on this dispute. Note, the term file means all of the information on [ me ] and retained by [ you ] regardless of how the information is stored. 15 U.S.C. 1681a ( g ). Therefore, it is unlawful to send me a partial disclosure and not the entire file. If you verify or deem the item of information that I disputed above as accurate and complete, then I request a description of the procedure used to determine the accuracy or completeness of the information including the business name and address of any furnisher contacted in connection with such information and the telephone number of such furnisher, pursuant to the provisions of 15 U.S.C. 1681i ( a ) ( 6 ) ( B ) ( iii ), in no later than fifteen ( 15 ) days after making such determination. See 15 U.S.C. 1681i ( a ) ( 7 ). This is not only a violation from these companies [ XXXX, XXXX and XXXX ] but it is also a violation from the furnishers of this information pursuant to 15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency, if the person knows or has a reasonable cause to believe that information is inaccurate. In accordance with the Fair Credit Reporting act no company should be able to get any information or give any information to a non affiliate 3rd party company. 15 usc 1681j ( 9 ) Use of enquiries as a key factor If a key factor that adversely affects the credit score of a consumer consists of the number of enquiries made with respect to a consumer report, that factor shall be included in the disclosure pursuant to paragraph ( 1 ) ( C ) without regard to the numerical limitation in such paragraph. ( 2 ) Timing A consumer reporting agency shall provide a consumer report under paragraph ( 1 ) not later than 15 days after the date on which the re- quest is received under paragraph ( 1 ). f ) Prohibition on sale or transfer of debt caused by identity theft 15 usc 1681m ( 1 ) In general No person shall sell, transfer for consider- ation, or place for collection a debt that such person has been notified under section 1681c2 of this title has resulted from identity theft. The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 168b permissible purposes of consumer reports. 15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. In accordance with the Fair Credit Reporting act has violated my rights. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions. I have no knowledge of these companies and they shouldn't be reporting as I never gave permission for the reporting per Section 1681a -I sent correspondence to the Credit Bureaus regarding this. I was never notified in writing per 15 U.S.C 1692ag prior to accounts being on my credit report, within 5 days. Moreover, these accounts violate debt collections, and abusive and unfair practices per section 1692f ( 1 ) adding additional amounts. 15 U.S. Code 1681b - Permissible purposes of consumer reports a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person. ) Privacy Act considerations. A delinquent debt may not be reported under this section unless a notice issued pursuant to the Privacy Act, 5 U.S.C. 552a ( e ) ( 4 ), authorizes the disclosure of information about the debtor to a credit bureau. The Privacy Act of 1974 is a federal law that governs our collection and use of records we maintain on you in a system of records. A system of records is any grouping of information about an individual under the control of a Federal agency from which information is retrievable by personal identifiers, such as name, social security number, or other identifying number or symbol. Under the Privacy Act, Federal agencies may not disclose information without consent unless certain exceptions apply to the disclosure. The Privacy Act provides protections to individuals in three primary ways. It provides individuals with the right to request their records, subject to Privacy Act exemptions ; the right to request a change to their records that are not accurate, relevant, timely or complete ; and the right to be protected against unwarranted invasion of their privacy resulting from the collection, maintenance, use, and disclosure of their personal information. ( b ) CONDITIONS OF DISCLOSURE. No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; 5 U.S. Code 552a - Records maintained on individuals ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or n ) Mailing Lists. An individual 's name and address may not be sold or rented by an agency unless such action is specifically authorized by law. 16 CFR 313.3 ( 1 ) Nonaffiliated third party means any person except : ( ii ) A person employed jointly by you and any company that is not your affiliate ( but nonaffiliated third party includes the other company that jointly employs the person ). ( 2 ) Nonaffiliated third party includes any company that is an affiliate by virtue of your or your affiliate 's direct or indirect ownership or control of the company in conducting merchant banking or investment banking activities of the type 16 cfr 313.3 states ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, if you make such a disclosure other than as authorized by 313.14 and 313.15. 1 ) You do not disclose any nonpublic personal information about the consumer to any nonaffiliated third party, 15 U.S. Code 1601- Congressional findings and declaration of purpose It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. 15 U.S. Code 1681a - Definitions ; rules of construction ( u ) Reseller. The term reseller means a consumer reporting agency that ( 1 ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( 2 ) does not maintain a database of the assembled or merged information from which new consumer reports are produced. debit card ( 3 ) Debit card. The term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services. Source 15 USC 1681a ( r ) ( 3 ) electronic fund transfer means- ( 4 ) Account and electronic fund transfer. The terms account and electronic fund transfer have the same meanings as in section 1693a of this title. Source 15 USC 1681a ( r ) ( 4 ) account means-fund transfer have the same meanings as in section 1693a of this title. Source 15 USC 1681a ( r ) ( 4 ) ( t ) Financial Institution. The term financial institution means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section 461 ( b ) of title 12 ) belonging to a consumer. card issuer means ( 1 ) Card issuer. The term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card. Source 15 USC 1681a ( r ) ( 1 ) reseller means The term reseller means a consumer reporting agency that Source 15 USC 1681a ( u ) consumer reporting agency means ( A ) The term consumer reporting agency means a consumer reporting agency described in section 1681a ( p ) of this title. Source 15 USC 1681c-1 Open-end credit ( 20 ) Open-end credit means consumer credit extended by a creditor under a plan in which : Source 12 CFR 1026.2 12 CFR 1026.13 - Billing error resolution. 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. ( 7 ) The creditor 's failure to mail or deliver a periodic statement to the consumer 's last known address if that address was received by the creditor, in writing, at least 20 days before the end of the billing cycle for which the statement was required. the IRS states that a charge off is considered a certificate of indebtedness. These accounts listed violated The privacy act of 1974 and which are here to protect me. They should not be able to get any information or give any information to a non affiliate 3rd party company.