Consumer complaint received 2024-12-08 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: GFS II, LLC
State: MO

Complaint narrative:
XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, MO. XXXX XXXX XX/XX/year> Subject : Complaint Against Gateway Financial Solutions Compliance Department Regarding Improper Use of My Credit File To Whom It May Concern, I am writing to formally file a complaint against Gateway Financial Solutions for violations of federal statutes related to the improper use of my credit file, reporting of information without consent, and failure to comply with legal obligations regarding debt reporting and income recognition. 

1. Unauthorized Use and Reporting of Credit Information : Gateway Financial Solutions has failed to comply with 15 U.S.C. 1681b, which specifies permissible purposes for obtaining and using consumer credit reports. I never provided written consent for Gateway Financial Solutions to report any information to my credit file. According to 16 CFR 313.7, financial institutions must obtain explicit authorization from consumers before sharing nonpublic personal information unless an exception applies, none of which are applicable here.

Additionally, under 15 U.S.C. 6802, financial institutions are required to provide clear and conspicuous disclosure of their information-sharing policies and practices, which Gateway Financial Solutions failed to do. Their actions also appear to violate 15 U.S.C. 6805, which empowers regulatory bodies to enforce these provisions.

2. Charge-Off Reporting and Misclassification : A charge-off is a bookkeeping designation used by creditors for tax purposes when they consider a debt uncollectible. Under federal tax law, a charge-off can be treated as a cancellation of debt, which may constitute income to the debtor. However, Gateway Financial Solutions did not issue a 1099-C ( Cancellation of Debt ) form to me, as required under IRS regulations , to substantiate that the debt was canceled and classified as income. Without this form, their reporting of the charge-off to credit reporting agencies is not only improper but also misleading. 

Moreover, a charge-off does not represent a valid certificate of indebtedness. A certificate of indebtedness reflects a binding obligation that is enforceable ; a charge-off, by its nature, implies that the debt has been resolved or abandoned by the creditor. Reporting a charge-off to credit bureaus under these circumstances constitutes inaccurate reporting. 

3. Lack of Transparency and Consumer Rights Violations : Gateway Financial Solutions has disregarded my consumer rights by failing to provide adequate notice or obtain my written consent before furnishing information to credit reporting agencies. This omission violates the Fair Credit Reporting Act ( FCRA ) and the Gramm-Leach-Bliley Act ( GLBA ). Their noncompliance with transparency requirements and failure to respect the confidentiality of my personal financial information is concerning. 

I respectfully request that the CFPB investigate Gateway Financial Solutions practices to determine whether they are in violation of federal laws, including but not limited to : 15 U.S.C. XXXX ( GLBAs financial privacy rules ) ; 15 U.S.C. 1681b ( FCRAs permissible purposes for credit reporting ) ; 16 CFR 313.7 ( GLBA privacy and opt-out regulations ).

Additionally, I request clarification and appropriate remediation regarding : 1.The absence of a 1099-C form to substantiate the charge-off as canceled debt.

2.The improper classification of a charge-off as a certificate of indebtedness.

3.The unauthorized reporting of information to credit bureaus without my explicit written consent. 

Thank you for your attention to this matter. I look forward to your assistance in ensuring compliance and protecting my rights as a consumer. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation