Consumer complaint received 2024-10-06
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC. (NJ)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX TransUnion Date : XX/XX/XXXX Re : Formal Credit Dispute - Fair Credit Reporting Act ( FCRA ) Violation Account Name : XXXX  Disputed Account : # XXXX XXXX  Disputed amount : {$6700.00} Collection : XXXX  Reference # XXXX .

Dear Sirs : This communication is intended to present a formal dispute regarding the inaccurate and damaging information that TransUnion is reporting on my credit history in relation to the account associated with XXXX XXXX  and reflected under XXXX Reference # XXXX. 
Error Summary This account is currently presented with a status of Charged off as bad debt and, at the same time, Collection/Chargeoff , which constitutes a duplication of information that does not comply with the regulations established by the Fair Credit Reporting Act ( FCRA - 15 U.S.C. 1681 et seq. ) and the guidelines issued by the Federal Trade Commission ( FTC ) for the correct categorization of collection accounts and debts. Charged Off. The inconsistencies are detailed below : 1. The account is reported under the status of Charged off, which refers to a loss recognized by the original creditor.

2. The same account is reflected as Collection, which implies that it has been transferred to a third party for collection management. Both classifications can not coexist in the same status, since a " Charged Off '' account must not simultaneously appear as " Collection '' without its true status being clarified..

Violations of Law and Legal Basis 1. Violation of the Fair Credit Reporting Act ( FCRA ) - 15 U.S.C. 1681e ( b ) Section 1681e ( b ) requires credit reporting agencies to " ensure the maximum possible accuracy of information contained in consumer reports. '' Duplication of information and presentation of conflicting data ( Charge- Off and Collection simultaneously ) violates this section because it misleads users of the reports and results in an incorrect classification of my creditworthiness.

2. Violation of Section 15 U.S.C. 1681i ( a ) - Dispute Resolution Procedures Pursuant to Section 1681i ( a ), TransUnion is required to conduct a reasonable investigation of any disputed information and to delete any data that is inaccurate, incomplete, or can not be verified. In this case, the duplicate statement does not accurately reflect the financial condition of the account, and any investigation that concludes that this status is valid would be in violation of the verification obligations set forth in this section.

3. Violation of the Fair Debt Collection Act ( FDCPA ) - 15 U.S.C. 1692e Section 1692e of the FDCPA prohibits any debt collection entity from using " false, misleading, or incorrect representations regarding the nature, character, and amount of debt collected. '' of any debt. '' Presenting the debt as " Charged Off '' and simultaneously as " Collection '' violates this section by misleading about the true nature of the debt, causing additional damage to my credit history.

4. Violation of the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  The XXXX and Metro Guide 2 state that when an account is

sold to a debt collector or other creditor, the original creditor must close the account and report it with a {$0.00} balance, without continuing the report. of " Charged Off. '' The coexistence of both states suggests a lack of compliance with industry reporting standards. Applicable Doctrines and Jurisprudence XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX ( XXXX. XXXX XXXX ) In this case, the court determined that conflicting reports on the status of an account ( reported as " Charged Off '' and " Collection '' simultaneously ) constituted a violation of the FCRA by not reflecting the true situation of the consumer. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX It was concluded that inaccurately classifying an account on credit reports may be considered " negligent harm '' under the FCRA and may result in an obligation to compensate the affected consumer. Formal Request I request that TransUnion immediately remove account # XXXX from my credit report, as : 1. The original creditor has confirmed that all collection efforts have been stopped and requested removal 2. The duplication of status between " Charged Off '' and " Collection '' represents an inaccurate and unfair classification, in direct violation of the FCRA and FDCPA.

3. The current information creates undue harm to my ability to and represents a breach of the XXXX XXXX Metro 2 Guideline.


Consequences of Non-Compliance If this dispute is not resolved in accordance with applicable law, I reserve the right to take legal action in defense of my rights under the FCRA and the FDCPA, including seeking monetary damages pursuant to 15 U.S.C. 1681n ( Liability for Willful Breach ) and 15 U.S.C. 1681o ( Liability for Negligent Breach ). I expect to receive a written response within the statutory 30 days confirming the removal of this inaccurate and damaging information from my credit report.