Consumer complaint received 2024-04-24
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 (NC)

Dear Spring Oaks Capital, I am writing to address a serious concern regarding the information that Spring Oaks Capital has been furnishing, which is tarnishing my creditworthiness. It is crucial for both parties to operate in good faith, and I have consistently done so. I expect Spring Oaks Capital to demonstrate the same level of courtesy. Spring Oaks Capital claims that I am obligated to pay them on an alleged debt, which is highly unusual as I do not recall entering into any agreement with Spring Oaks Capital regarding this debts. 

First and foremost, I am deeply concerned about how Spring Oaks Capital gained access to my means of identification, as defined by 18 USC 1028 ( a ) ( 7 ). According to this statute, Spring Oaks Capital has committed identity theft against me by unlawfully obtaining and transferring my means of identification. This unlawful transfer has caused significant damage to me. Moreover, Spring Oaks Capital is furnishing my information to XXXX and XXXX, which classifies Spring Oaks Capital as a credit reporting agency. I request immediate proof that I provided Spring Oaks Capital with permission to access my personal information and share it with other parties. Regardless of the validity of this debts, Spring Oaks Capital has collected and furnished my information unlawfully. As per 15 USC 1681a ( f ), the term " consumer reporting agency '' refers to any person who regularly engages in assembling or evaluating consumer credit information for the purpose of furnishing consumer reports to third parties, using means of interstate commerce.

Based on this definition, Spring Oaks Capital is operating as a credit reporting agency, not just a debt collector, since it regularly collects and evaluates information about consumers ' credit history and financial behavior. This information is then used to create consumer reports that Spring Oaks Capital shares with other companies, such as XXXX, XXXX, and XXXX. These reports play a significant role in determining individuals ' credit scores and financial opportunities. It would be unreasonable for Spring Oaks Capital to deny its classification as a credit reporting agency.

Furthermore, as Spring Oaks Capital is federally categorized as a credit reporting agency under 15 USC 1681a ( f ), it must adhere to my written instructions as a consumer without any delay. Disregarding these instructions would be a violation. I want to emphasize that I am invoking my rights under 15 USC 1681b ( a ) ( 2 ) and providing clear instructions to Spring Oaks Capital to delete its tradeline on my consumer report. I expect Spring Oaks Capital to comply with my instructions.

Additionally, according to 15 USC 1681i ( a ) ( 1 ) ( a ), Spring Oaks Capital is required to launch an investigation into my dispute and provide the results within 30 days of receiving this complaint. Failure to initiate an investigation and follow my written instructions would be considered willful non-compliance under 15 U.S.C. 1681n ( a ) ( 1 ) ( A ). According to this provision, I am entitled to {$1000.00} per violation. It is evident that Spring Oaks Capital has accumulated numerous violations, not to mention the potential for criminal action due to identity theft. I expect my written instructions to be promptly followed. Spring Oaks Capital 's furnishing of my consumer information has caused damage to my reputation and hindered my access to credit opportunities.

I am deeply frustrated with deceitful and manipulative debt collectors who take advantage of innocent consumers, assuming that we are unaware of our consumer rights. I want to remind Spring Oaks Capital that we are communicating through a governmental agency website. I have no reservations about reporting Spring Oaks Capital 's unlawful actions to the FTC. Please remember the importance of operating in good faith.