Consumer complaint received 2024-07-19
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Diverse Funding Associates LLC (CA)

XXXX XXXX XXXX XXXX ( XXXX  ) is in violation of several laws set forth by Congress regarding the following Account # : XXXX. 15 U.S.Code 1681a ( d ) ( 2 ) ( a ) ( i ) and ( B ) states that the consumer report does not include information solely as to transactions or experiences ( payment history, utilization, charge off status ) between the consumer ( myself ) and the person ( XXXX ) making the report nor any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device. Additionally, 15 U.S.Code 1666b states that a creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose. Furthermore, 15 U.S.Code 1681s-2 ( a ) ( 1 ) ( A ) states that a person ( PENFED ) shall not furnish any information relating to the consumer ( ME ) to any consumer reporting agency ( XXXX, XXXX, XXXX ) if the person knows or has reasonable cause to believe the information is inaccurate. XXXX can not collect on discharged debt. This is now considered a certificate of indebtedness per the IRS and income can not be reported. The IRS clearly defines a charge off as Gross or Ordinary income. INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes reporting of this account inaccurate. By definition, the IRS clearly states a canceled debt or charge-off is Income. I have attached a screenshot from the IRS website. I never received a XXXX from XXXX for the canceled debt of { { {$2900.00} } } in order to file as ordinary income. Where is my XXXX as required by the IRS for debts greater than { { {$600.00} } }. This is unsatisfactory! XXXX has been HEREBY PUT ON NOTICE that they are furnishing incorrect inaccurate information. In XXXX terms and conditions they agreed not to share my nonpublic personal information with nonaffiliated third parties. They violated my federal protected consumer rights by sharing my nonpublic personal information to a nonaffiliated third party ( DNF ASSOCIATES ). XXXX, XXXX, and XXXX are also not affiliates of XXXX nor are they bureaus. The only true bureau is the CFPB and they DO NOT furnish consumer reports as stated in federal law. I have a right to privacy and per the Privacy Act of 1974 as a federally protected consumer, I am now revoking any and all authorization, I, the consumer may have given you written, non written, verbal, and nonverbal per 5 U.S.Code 552a. Per the FCRA as a federally protected consumer, I am now opting out of any and all authorization, I, the consumer, may have given you written, nonwritten, verbal, and nonverbal per 15 U.S.Code 6802. I shall also point out their responsibility pursuant to 15 U.S.Code 1681s-2 ( a ) ( 1 ) ( B ) ( ii ) : ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 1 ) PROHIBITION ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate : and ( ii ) the information is in fact, inaccurate. XXXX  must also refund the remaining balance of the consumer account upon its termination ( which i never gave permissible purpose ). This is your XXXX  day notice to return ALL money due from this consumer account. 12 CFR 1026.11 Treat of credit balances ; account termination. ( a ) Credit balances. When a credit balance in excess of { { {$1.00} } } is created on a credit account ( through transmittal funds to a creditor in excess of the total balance due on the account through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of the consumer ), the creditor shall : ( 1 ) Credit the amount of the credit balance to the consumer 's account ; ( 2 ) Refund any part of the remaining credit balance within seven business days from receipt of a written request from the consumer ; ( 3 ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than six months. No further action is required if the consumer 's current location is not known to the creditor and can not be traced through the consumer 's last known address or telephone number. ( b ) Account termination. ( 1 ) A creditor shall not terminate an account prior to its expiration date solely because the consumer does not incur a finance charge. ( 2 ) Nothing in paragraph ( b ) ( 1 ) of this section prohibits a creditor from terminating an account that is inactive for three or more consecutive months. An account is inactive for purposes of this paragraph if no credit has been extended ( such as by purchase, cash advance or balance transfer ) and if the account has no outstanding balance.

( c ) Timely settlement of estate debts ( 1 ) General rule.

( i ) Reasonable policies and procedures required. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, card issuers must adopt reasonable written policies and procedures designed to ensure that an administrator of an estate of a deceased account holder can determine the amount of and pay any balance on the account in a timely manner.