Consumer complaint received 2025-11-21 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: FIRST NATIONAL BANK OF OMAHA
State: IA

Complaint narrative:
Submitted via the CFPB Consumer Complaint Portal Original CFPB Case Number : XXXX Date : XX/XX/year> Re : FNBO / XXXX XXXX XXXX Account ending in XXXX Request for Permanent Deletion of Late-Payment Reporting ( XXXX 2025 ) Dear CFPB XXXX, Thank you for forwarding FNBOs response dated XX/XX/year>. Unfortunately, their response does not resolve my complaint and actually provides additional evidence that FNBO violated federal law. 

Summary of the facts ( undisputed by FNBO ) : I opened the account in-store on or about XX/XX/year> with a single {$17.00} purchase. 
FNBO claims they mailed statements on or about XX/XX/year> and XX/XX/year> to the address on file ( XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, IA XXXX ). 
I never received either statement. 
No payment was made until XX/XX/year>, when I called Collections after finally receiving notice of the debt. 
During that XX/XX/XXXX phone call, I explicitly told the representative that I had never received any bills and was unaware I owed anything. The representative confirmed the small purchase but provided no explanation for why statements were not received. 
FNBO reported me XXXX days late for both the XX/XX/XXXX and XX/XX/year> payment due dates. These derogatory marks will remain on my credit reports for up to XXXX years. 
FNBOs Violation of the Truth in Lending Act ( TILA ) / Regulation Z 1026.5 ( b ) ( 2 ) ( i ) Under federal law, creditors are required to mail or deliver periodic statements at least XXXX days before the payment due date. If a creditor wishes to rely on the mailbox rule presumption of delivery, the burden is on the creditor to prove proper mailing procedures ( e.g., affidavit of mailing, electronic logs, etc. ). FNBO has provided no such proof only a generic statement that our records show no returned mail. 

More importantly, when a consumer notifies the creditor that statements are not being received, the creditor has an affirmative duty under Regulation Z and basic TILA principles to take reasonable steps to provide the statement by alternate means before reporting the account delinquent. FNBO did nothing for over XXXX months and instead allowed finance charges to accrue and then reported me late XXXX on a {$17.00} purchase. 

This is exactly the type of situation the CFPB has repeatedly cited as an abusive and unlawful practice. See, for example : CFPB Supervisory Highlights ( multiple editions ) criticizing failure to redirect statements when consumers report non-receipt. 
Consent orders against other card issuers for similar statement non-delivery inaccurate late reporting practices. 
Requested Relief Because FNBO failed to deliver the required periodic statements and ignored my XX/XX/year> notice that I had never received any bills, the resulting late-payment reporting is inaccurate and violates TILA/Regulation Z. I therefore respectfully request that the CFPB direct FNBO to : Permanently delete all late-payment and derogatory tradeline information for this account from my credit reports at XXXX, XXXX, and XXXX ( specifically the XXXX-day lates reported for XXXX and XX/XX/year> ). 
Send me written confirmation ( and updated credit bureau reporting codes showing deletion ) within XXXX days. 
Refrain from any further collection activity or re-reporting of these deleted items. 
Supporting evidence I have attached or can provide upon request : Copy of the XX/XX/year> recorded call summary ( if you have it ) or my sworn statement that I told the representative I had never received a bill. 
Proof that all my other mail ( tax documents, utility bills, etc. ) is correctly delivered to the same XXXX XXXX XXXX 
My credit reports showing the sudden drop caused by these XXXX XXXX-day lates on a {$17.00} balance. 
I am a responsible consumer. I have never been late on any other account. The moment I became aware of this tiny balance, I paid it in full. Leaving these inaccurate lates on my file for XXXX years because FNBO failed to mail XXXX pieces of paper is fundamentally unfair and illegal. 

I appreciate the CFPBs continued assistance in resolving this matter. 

Sincerely, XXXX CC : XXXX XXXX XXXX XXXXXXXX, FNBO

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