Consumer complaint received 2024-05-15 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: Diverse Funding Associates LLC
State: MO

Complaint narrative:
Request for Immediate Deletion of Inaccurate Information and Compensation for Damages Dear Consumer Financial Protection Bureau, XXXX, DNF ASSOC, and XXXX THE XXXX XXXX XXXX XXXX XXXX, I am writing to formally request the immediate deletion of an erroneous account listed on my XXXX credit report. The account in question is reported under the creditor DNF ASSOC ( Original Creditor : XXXX THE XXXX XXXX XXXX XXXX XXXX ) with the account number XXXX. 
Upon reviewing my credit report, I have identified the following discrepancies and violations : XXXX Report : Account Type : Collection Account Status : Derogatory Balance : {$2200.00} Date Opened : XX/XX/XXXX Payment Status : Collection/Chargeoff Last Reported : XX/XX/XXXX Date Last Active : XX/XX/XXXX Comment : Account information disputed by consumer, meets FCRA requirements According to the Fair Credit Reporting Act ( FCRA ) 15 USC 1681 Section 602 ( a ), " There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, as a consumer reporting agency, has failed to uphold these responsibilities. Additionally, 15 USC 6801 mandates that financial institutions must respect the privacy of their customers and protect the confidentiality of their nonpublic personal information.

15 USC 1681 Section 604 ( a ) ( 2 ) specifies that a consumer reporting agency may furnish a consumer report only in accordance with the written instructions of the consumer. I have not provided, nor do I provide now, any consentwhether verbal, non-verbal, written, implied, or otherwisefor XXXX or any furnisher of information to report this account. Therefore, any consent is hereby revoked.

Furthermore, 15 USC 6802 ( b ) ( c ) requires financial institutions to provide consumers with the option to opt-out of information sharing with non-affiliated third parties, which I was not informed of. This oversight further underscores the need for the immediate removal of this account from my credit reports.

According to 15 USC 1681c ( a ) ( 5 ), consumer reporting agencies are prohibited from including any adverse information that antedates the report by more than seven years, except for records of convictions of crimes. This account is an adverse item reported without my consent, which is unlawful. Additionally, 15 USC 1681s-2 ( a ) ( 1 ) ( A ) prohibits furnishing information to consumer reporting agencies if the furnisher knows or has reasonable cause to believe the information is inaccurate.

In addition, this account is listed as a " charge-off, '' categorizing it as a certificate of indebtedness per IRS regulations . This classification deems it as income, which is not permitted to be reported on credit reports. Therefore, the presence of this charge-off on my credit reports is unlawful and necessitates immediate removal.

As my consumer rights have been violated, I am entitled to statutory damages for each violation. I demand compensation of {$1000.00} per violation from each responsible partyTransUnion, DNF ASSOC, and 01 THE XXXX XXXX XXXX XXXX XXXX for failing to ensure the accuracy and legality of the information reported on my credit report. 

My statutory damages in the amount of {$5000.00} can be directly deposited into my checking account : Routing number XXXX Checking number XXXX Furthermore, under 12 CFR 1016.7, I am exercising my right to opt-out of your reporting services effective immediately.

I request that this account be investigated and deleted from my credit report with XXXX promptly. Additionally, I request the statutory damages be paid to me as compensation for the violations of my rights under the FCRA. This correction is critical to ensure the accuracy of my credit information and to prevent further damage to my creditworthiness. 

I want to make it clear that I have attempted to remedy this situation directly with XXXX and DNF ASSOC in addition to CFPB with no results other than saying this account is verified which is an absolute violation of my rights. If this situation can not be remedied AS REQUESTED BY ME, being deletion and statutory damages paid to me at the account listed, I will be contacting my lawyer with intent to sue for further damages including legal fees. 

Please confirm receipt of this request and notify me once the necessary corrections have been made and the damages have been processed. I appreciate your immediate attention to this matter. 
Sincerely, XXXX XXXX

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