Consumer complaint received 2021-04-12
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: The Phoenix Recovery Group (TX)

On XX/XX/XXXX All 3 CRA 's received certified mail letters concerning a dispute under the account name Phoenix Recovery Group ( XXXX XXXX ). Each CRA verified the debt as accurate but did not yield any investigation results into how they verified the validity of the debt. 

On XX/XX/XXXX a XXXX  complaint was filed against XXXX XXXX XXXX concerning the fraudulent charges in addition a CFPB Complaint was filed against Phoenix Recovery. The complaint was for lack of debt notification and incorrect charges by XXXX XXXX XXXX and Phoenix Recovery Group. 

On XX/XX/XXXX Phoenix Recovery Group replied with the following statement : " The debt validation notice was sent back in XXXX with no response or return mail. As of XX/XX/XXXX, we are told the consumers have reached out to the original creditor and the creditor has made some revisions to the balance due. There is still a balance due and that balance has been updated to the credit bureaus. The item has also been marked disputed in our system and reported to the credit bureaus. The XXXX  form letters quoting case law and such sent by the consumers are typical and do not apply. We have conformed to any and all applicable laws. The debt is reporting correctly. '' Phoenix Recovery Group stated that they have conformed to all applicable laws when they did not. Phoenix Recovery Group failed to obtain proper verification of each itemized charge in the collection they attempted to collect. The balance was revised because the charges were fraudulent. Phoenix Recovery Group has not provided any verification for the new charges. 

Phoenix Recovery Group, XXXX, XXXX, and XXXX  verified a debt that was inaccurate and fraudulent. The CRA 's did not investigate this new balance and verify any documentation for this new balance. Some or All of the CRA 's change the date of the updated balance from XX/XX/XXXX to XX/XX/XXXX for the balance of {$2500.00}. This is also incorrect. Considering all 4 verified the debt as accurate when it wasn't this is in extreme FCRA Violation : 623. Responsibilities of furnishers of information to consumer reporting agencies [ 15 U.S.C. 1681s-2 ] ( 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.

( 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 88 623 - 15 U.S.C. 1681s-2 ( ii ) the information is, in fact, inaccurate.

( C ) No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address.

( D ) Definition. For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information.

( 2 ) Duty to correct and update information. A person who ( A ) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the persons transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.

Please see all attached files for further explanation and verification.