Consumer complaint received 2024-05-28
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: Affirm Holdings, Inc (GA)

This is my second attempt to get this collections account off of my credit report. The company did not send me proper verification or original contracts with my signature on it. They also perpetrated identity theft by passing my sensitive information to another agency i.e social security number, email, telephone number. Thats is by law the definition of aggravated identity theft. 

XXXX XXXX XXXX XXXX XXXX XXXX # XXXX XXXX, GA XXXX XX/XX/XXXXXXXX XXXX XXXX AFFIRM INC XXXX XXXX XXXX XXXX XXXX XXXX XXXX  CA XXXX To Whom It May Concern : This notice is to inform you that you have unlawfully reported an alleged debt to my consumer report. Under the New Rule REGULATION F which took effect XX/XX/XXXX, You { AFFIRM INC } You have violated the FDCPA 1006.30a and its new rule by parking this alleged debt on my consumer reports. Cease and Desist the reporting of this alleged Debt immediately or I will escalate this matter to taking legal action.

I have not given you written permission to put anything on my credit profile 15 USC 1681b2.

You have no permissible purpose by law to contact third parties with my private or personal information. Your offenses amount to Aggravated Identity Theft pursuant to 18 U.S.C. 1028A. You have knowingly transferred, possessed, or used, without lawful authority, a means of identification of me, which is a felony punishable with up to 2 years of imprisonment, in addition to civil liability.

I AM A LITIGIOUS CONSUMER I WILL NOT HESITATE TO TAKE LEGAL ACTION AGAINST { AFFIRM INC } 15 USC 1692c ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt.

I refuse to pay this alleged debt. Cease and Desist all collections activity regarding this alleged debt and PROMPTLY Delete it from all consumer reporting agencies that you have reported this inaccurate, incomplete, erroneous and misleading information to at once.

The reporting of such inaccurate information has caused severe damage to my character, my reputation, my general mode of living and my ability to obtain credit for personal and house purposes.

You and your inaccurate reporting have damaged my livelihood.

15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 1 ) PROHIBITION ( A ) Reporting information with actual knowledge of errors 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.

Duty : a moral or legal obligation ; a responsibility Accurate : correct in all details ; exact.

PROHIBITION : a law or regulation forbidding something 15 USC 1681 s-2 Says you { AFFIRM INC } are a furnisher of information to a consumer reporting agency.

You ARE PROHIBITED BY LAW to furnish inaccurate information 15 USC 1681 s-2 ( a ) ( 1 ) ( A ) 15 U.S. Code 1681s2 ( 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.

In conclusion I have shown you and you have been put on notice that you are reporting inaccurate information. The information is, in fact, inaccurate.

The continued reporting of this inaccurate information is a clear violation of the Law 15 USC 1681 s-2 of your responsibilities as a furnisher of information.

You have caused me and my family severe harm due to your negligence and inaccurate reporting. This is a final opportunity to Cure and DELETE This Erroneous, inaccurate account from my Consumer report.

YOU HAVE 10 Calendar days to DELETE THIS ACCOUNT FROM MY CONSUMER REPORTS! or I will take legal action for consumer law violation under 15 USC 1681 n, 15 USC 1681 o and 15 USC 1692k.

DELETE THE FOLLOWING ACCOUNT/S FROM YOUR RECORDS AND ALL CONSUMER REPORTING AGENCIES.

Account name Acct # Failure to respond satisfactorily with deletion of the above referenced account, and send out a free copy of my report after the changes have been made will result in legal actions being taken against your company, for which I will also be seeking {$1000.00} per violation for : 1. Defamation of Character ( per se ) 2. Negligent Enablement of Identity Fraud 3. Fair Debt Collections Practices Act
15 USC 1692g violations 4. Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] Thank you, XXXX XXXX They also violated my consumer rights us code for opt in opt out 248.124 Reasonable opportunity to opt out.

( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ).

( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means.

( 2 ) By electronic means.

( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means.

( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means.

( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted.

( 4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out.

( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice.

Again this is damaging me and my family by not being able to acquire everyday necessities where my credit report is used. 

DEBT VALIDATION XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX, GA, XXXX XXXX XXXX XXXX XXXX AFFIRM INC XXXX XXXX XXXX FL XXXX XXXX XXXX, CA XXXX Date : XX/XX/XXXX Debt Validation Pursuant to 12 CFR 1006.34C Be Advised this is a refusal to pay, and notice to and desist all collection activities sent pursuant to the Fair Debt Collection Practices Act 12 CFR 1006.6c.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. I respectfully request your offices provide me with competent evidence that I have any legal obligation to pay you.

At this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Consumer Reporting Agencies ( XXXX, XXXX, or XXXX ) this action may constitute fraud under both Federal and State Laws.

Due to this fact, if any negative mark is found on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against and your client for the following : violation of the Fair Credit Reporting Act, violation of the Fair Debt Collection Practices Act, and Defamation of Character ( per se ).

If your offices are able to provide the proper documentation as requested pursuant 12CFR 1006.34c in the following Declaration, I will require at least 30 calendar days to investigate this information, during which time all collection activity shall CEASE and DESIST.

Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing of information to a credit reporting repository that could be inaccurate or invalidated.