Consumer complaint received 2024-04-18 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: ALLY FINANCIAL INC.
State: NJ

Complaint narrative:
I am writing to address serious concerns regarding the inaccurate reporting of my financial transactions and experiences to consumer reporting agencies, as well as the violations of the Fair Credit Reporting Act ( FCRA ), specifically outlined in 15 U.S. Code 1681a 2 ( A ) ( i ) and 1681s2.

Upon reviewing my XXXX, XXXX, and XXXX consumer reports, I discovered that Ally has reported a some late payments. However, this reporting is in clear violation of the FCRA. According to 15 U.S. Code 1681a 2 ( A ) ( i ), consumer reports do not include information solely pertaining to transactions or experiences between the consumer ( myself ) and the entity making the report ( Ally Financial ).

The law explicitly states that transactions or experiences between the consumer and the reporting entity are not to be included in consumer reports. Therefore, the reporting of a late payment directly contradicts this provision of the FCRA. As such, you have violated the FCRA 15 U.S. Code 1681a 2 ( A ) ( i ) and 1681s2 by inaccurately reporting this transaction on my consumer report.

Furthermore, under 15 U.S. Code 1681s2, furnishers of information to consumer reporting agencies have a duty to provide accurate information. It is prohibited to furnish information if the person knows or has reasonable cause to believe that the information is inaccurate. By reporting a late payment when no such transaction occurred, you have knowingly provided inaccurate information to
consumer reporting agencies.

I am formally putting Ally Financial on notice that the continued reporting of this inaccurate information constitutes a direct violation of the FCRA and your responsibilities as a furnisher of information. You have caused significant harm to me and my family through your negligent and inaccurate reporting.

Therefore, I demand that you immediately delete the erroneous late payment from my consumer reports within after receiving this notice. Failure to comply with this demand will result in legal action being taken against your company. I will seek actual damages for the harm caused by your failure to comply with the law, including but not limited to defamation of character, negligent non-compliance, civil liability, mental anguish, and violations of the Fair Credit Reporting Act ( 15 U.S. Code 1681 ) .Furthermore, if the late payment is not deleted within the stipulated timeframe, I will pursue arbitration to resolve this dispute. I reserve the right to pursue all available legal remedies to address this matter.

Do not send me any correspondences regarding this matter unless it is to confirm that you have complied with the applicable law and deleted the inaccurate late payment from my consumer reports.

I expect prompt and satisfactory resolution to this matter.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation