Consumer complaint received 2024-05-17
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Spring Oaks Capital, LLC (GA)

Subject : Formal Complaint and Cease and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX Spring Oaks Capital XXXX XXXX, XXXX, and XXXX. 

Dear Consumer Financial Protection Bureau, I am writing to file a formal complaint and issue a cease-and-desist order against XXXX XXXX XXXX XXXX XXXX  for multiple violations of federal laws and regulations, as well as against XXXX XXXX Solutions, Spring Oaks Capital XXXX XXXX, XXXX XXXX and XXXX for their roles in reporting XXXX and unauthorized information. 

The crux of the inaccuracy in XXXX XXXX XXXX XXXX XXXX  XXXX reporting lies in their knowledge that the debt in question was discharged. Despite this knowledge, XXXX XXXX XXXX XXXX XXXX  continued to furnish information related to my account to XXXX, XXXX, and XXXX, which is a clear violation of 15 U.S. Code 1681s-2 ( a ) ( 1 ) ( A ). 

Furthermore, XXXX XXXX XXXX XXXX XXXX  unlawfully attempted to collect on a discharged debt, which is considered a certificate of indebtedness by the Internal Revenue Service XXXX IRS ). According to IRS regulations, such discharged debt can not be reported as income. XXXX XXXX XXXX XXXX XXXX  has failed to provide me with a 1099-C for the cancelled debt as required by law. This failure to comply with IRS reporting requirements and the misreporting of my account as a debt rather than a certificate of indebtedness are clear violations of federal statutes. 

In addition to these violations, XXXX XXXX XXXX XXXX Bank has breached its own terms and conditions by sharing my information with non-affiliates without my explicit consent. XXXX XXXX XXXX XXXX XXXX  shared my personal and account information with XXXX XXXX XXXX and Spring Oaks Capitalboth of which are requiring payment for the same discharged debt and have been added to my credit reports with all the reporting agencies. This action grossly disregards my right to privacy as a federally protected consumer under the Privacy Act of 1974. 

Moreover, XXXX XXXX XXXX XXXX XXXX  failed to inform me of my right to exercise my nondisclosure option, as mandated by 15 U.S. Code 6802 ( b ) ( c ). This failure, coupled with the unauthorized inclusion of adverse information in my consumer report by XXXX, XXXX, and XXXX, further demonstrates the systemic disregard for consumer rights and legal obligations. 

I hereby demand that XXXX XXXX XXXX XXXX XXXX  along with XXXX XXXX XXXX and Spring Oaks Capital immediately delete the account related to me from their records and cease all further reporting to XXXX, XXXX, and XXXX. This cease-and-desist order is issued in accordance with federal laws and regulations governing consumer rights and privacy. 

I also request a thorough investigation into the actions of XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX Spring Oaks Capital XXXX XXXX, XXXX, and XXXX regarding their handling of my account information and the inaccurate reporting of my financial status. This letter serves as my final attempt to resolve this matter amicably before pursuing further legal action, including filing complaints with the Securities and Exchange Commission XXXX XXXX XXXX XXXX XXXX XXXX File No. XXXX ). Thank you for your prompt attention to this serious matter. 

Sincerely, XXXX XXXX XXXX