Consumer complaint received 2024-02-07
Product: Credit card — General-purpose credit card or charge card
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Self Financial Inc. (TN)

On XX/XX/XXXX, Monday at XXXXXXXX XXXX CT. I called the company XXXX XXXX XXXX 's customer service department about a late payment that was furnished to the consumer reporting agencies. I noticed this late payment in my consumer disclosure report with XXXX XXXX XXXX. The late payment was furnished XX/XX/XXXX. I explained to the representative that the XXXX-day late payment that was furnished by XXXX XXXXXXXX XXXX. was XXXX because it violated 15 USC 1666B Timing of payments. I explained to the representative that transactions and experiences are exclude from consumer reports per 15 USC 1681a ( 2 ) ( a ) ( 1 ) ( " ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; '' ). I went on to explain that a payment can only be counted as late if the statement was mailed or delivered not later than 21 days before the payment due date. per 15 USC 1666B Timing of payments ( " A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section XXXX ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. '' ) I went on to explain to the representative that I never received a statement within 21 days before the payment due date. The representative disagreed, so I escalated and asked to speak to his supervisor whose name is XXXX XXXX and employee number is XXXX. XXXX and I went over the same issue with me explaining to XXXX the exact same thing I explained to the representative I spoke with before XXXX. XXXX and I had a reasonable discussion going over the late payment issue and the obligations stated by the FCRA regarding the late payment. XXXX took his time going over the information, we went over the actual statement dates, and he openly admitted that the statement that was sent before the payment due date was not within 21 days per 15 USC 1666B but was sent 25 days before the payment due date. We concluded that that statement was not sent within the XXXX-day window. Given this admission to error, I requested that the late payment be removed due to it being out of compliance with the FCRA per 15 USC 1666B. XXXX expressed that he could not do it. He was hesitant and resistant. I told him since an error had been proven that if he did not report that matter to have it removed it would be a violation per 15 USC 1681s-2 Actual knowledge of errors ( " ( 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. '' ) XXXX then told me that he could not remove the late payment error and that he would report it to corporate/the credit reporting department XXXX He told me that they would ultimately decide if it was an error. He said they will either call or contact me with a resolution to what they have concluded. The following morning, which was XX/XX/XXXX, at XXXX CT, I received an email from SELF XXXX XXXX. with them expressing that they would not be able to update or remove the furnished late payment because they have to report accurate information. Though they were kind the delivery of the statement still violates the FCRA per 15 USC 1666B. This creates an error. Therefore, an error causes an inaccuracy. This in whole affects my consumer report. The call that I had with XXXX XXXX XXXX, was recorded. I informed them that I would be recording the call for reasons such as this one. Please see the supporting documents attached to this complaint. I also have the phone recording of the call if needed, but the file is too large to upload.