Consumer complaint received 2024-07-24
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Investigation took more than 30 days
Company: Affirm Holdings, Inc (NV)

I am writing to formally lodge a complaint regarding Affirms failure to adequately respond, and investigate and correct disputed information on my credit report. Despite my repeated efforts to resolve these inaccuracies, the discrepancies persist, impacting my creditworthiness. They have also failed to respond to any of my debt validation and investigation requests, thus violating my consumer rights. 

On XX/XX/year>, XX/XX/year>, XX/XX/year> and XX/XX/year> I submitted debt validation and investigation requests to Affirm concerning the following accounts : Account : Affirm Inc - Account : XXXX Affirm Inc XXXX Account : XXXX Despite my previous disputes, Affirm has not provided a response in more than 30 days now, and the inaccuracies remain on my credit report. This failure to investigate and correct these errors violates my rights under the Fair Credit Reporting Act ( FCRA ).

Summary of Discrepancies : Experian - Failure to Validate Debt.

In accordance with 602 15 U.S.C. 1681 ( a ) and 602 15 U.S.C. 1681 ( b ), I am legally entitled to accuracy and fairness in my credit reports. Affirm is required to adopt reasonable procedures to ensure the accuracy and proper utilization of such information. However, the inconsistencies in my reports indicate that Affirm has failed to perform the necessary investigation to correct these errors. 

Failure to Investigate : Despite my explicit instructions and detailed documentation of inconsistencies, Affirm has : Ignored my requests to validate the debt, and update payment statuses correctly. 
This indicates that Affirm has not conducted a proper investigation as required by the FCRA, demonstrating a clear violation of my rights. 

If a creditor refuses a debt validation request from a consumer, several provisions under the Fair Debt Collection Practices Act ( FDCPA ) may be violated. The FDCPA is designed to protect consumers from unfair, deceptive, or abusive practices by debt collectors. Here are the specific provisions that may be breached : 1. 15 U.S.C. 1692g - Validation of Debts This section of the FDCPA outlines the validation notice that must be sent to the consumer within five days of the initial communication from the debt collector. It includes : The amount of the debt.

The name of the creditor to whom the debt is owed.

A statement that unless the consumer disputes the validity of the debt within 30 days, the debt will be assumed valid by the debt collector.

A statement that if the consumer disputes the debt in writing within the 30-day period, the debt collector will obtain verification of the debt and mail it to the consumer.

A statement that, upon the consumers written request within the 30-day period, the debt collector will provide the name and address of the original creditor, if different from the current creditor. 
If the creditor refuses to validate the debt after receiving a proper request from the consumer, they are in violation of this provision.

2. 15 U.S.C. 1692e - False or Misleading Representations This section prohibits debt collectors from using any false, deceptive, or misleading representation or means in connection with the collection of any debt. If a creditor refuses to validate the debt and continues to attempt collection, they may be engaging in deceptive practices.

3. 15 U.S.C. 1692f - Unfair Practices This section prohibits debt collectors from using unfair or unconscionable means to collect or attempt to collect any debt. Refusing to validate a debt and continuing collection efforts can be considered unfair practices.

4. 15 U.S.C. 1692d - Harassment or Abuse This section prohibits debt collectors from engaging in any conduct that harasses, oppresses, or abuses any person in connection with the collection of a debt. Continuing to pursue collection without validating the debt after a request has been made can be seen as harassment.