Consumer complaint received 2024-06-25
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Old information reappears or never goes away
Company: ALLY FINANCIAL INC. (NY)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Ally Financial XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Subject : Request for Immediate Removal of Outdated Information from Credit Report and Compensation for Violations Dear Ally Financial and XXXX XXXX XXXX XXXX , I am writing to request the immediate removal of outdated information regarding my account from my XXXX credit report dated XX/XX/XXXX. According to the Fair Credit Reporting Act ( FCRA ), negative information such as late payments or collections should not be reported for more than 7 years from the date of first delinquency.

The account in question is : Ally Financial Account Number : XXXX XXXX Date Opened : XX/XX/XXXX Date of Last Activity : XX/XX/XXXX Status : Paid and Closed Since the last activity on this account was in XX/XX/XXXX, it has been well over 7 years and this information should no longer appear on my credit report. I kindly request that both Ally Financial and XXXX investigate this matter and take the necessary steps to ensure this outdated information is removed from my credit report promptly.

Federal and State Law Violations : Fair Credit Reporting Act ( FCRA ) : Under 15 U.S. Code 1681c ( a ) ( 4 ), the FCRA mandates that negative information such as late payments should not be reported for more than 7 years from the date of first delinquency. The continued reporting of this account violates this federal law. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : This state law similarly restricts the reporting of adverse information to 7 years. The ongoing presence of this outdated account on my credit report is in direct violation of this statute.

Liability of Each Entity : Ally Financial : As the original creditor, Ally Financial is responsible for ensuring that accurate information is reported to credit bureaus. The continued reporting of outdated information constitutes a failure to comply with federal and state regulations, resulting in significant harm to my creditworthiness. 
XXXX XXXX XXXX XXXX : As a credit reporting agency, XXXX has a legal obligation to maintain accurate and up-to-date information in credit reports. The failure to remove outdated information from my credit report is a violation of both the FCRA and applicable state laws.

In addition to the removal of this outdated information, I am seeking compensation for each violation of my rights under both state and federal laws. The continuous reporting of this outdated information has caused significant harm to my creditworthiness and financial well-being over an extended period.

Based on these violations and the harm caused, I am demanding compensation in the amount of {$10000.00} per violation from each entity involved. Given there is one violation per entity, the total compensation requested is {$20000.00}. This amount is intended to cover damages related to the negative impact on my credit report, financial distress, and any other related inconveniences.

Please confirm in writing that this correction has been made and provide details on the compensation for the violations incurred. If this matter is not resolved to my satisfaction, I will consider pursuing further legal action.

Thank you for your prompt attention to this matter. I look forward to your swift response. 

Sincerely, XXXX XXXX XXXX