Consumer complaint received 2024-05-08 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: ACIMA CREDIT, LLC
State: UT

Complaint narrative:
You replied that the alleged transaction that you identified as late is validated. You have no proof that this alleged transaction was late.

15 U.S. Code 1666 ( a ) ( b ) - Timing of payments ( a ) Time to Make Payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer no later than 21 days before the payment due date. In order for any creditor to treat a payment as late you must prove that. The information required under 15 USC 1637 ( b ) of this title was mailed out or delivered 21 Days before the payment due date, please provide the proof that this information was mailed out or delivered 21 days before the statement date. 15 USC 1637 ( b ) is very specific on all required information needed or that must be mailed or delivered to the consumer! Your rebuttal to Quote the law is incorrect! it's the FCRA not FCBA, your in violation of FCRA 15 U.S. Code 1666 ( a ) ( b ) which you failed to provide me with what I requested you sent me a lease agreements not proof it was mailed out within 21 days. Once again you didn't read the law instead you sent me a lease agreement! this not a denial about the lease agreement but a request of proof of the 21 day mailing which I didn't get instead you placed this Derogatory on my credit report without proof it was mailed! I asked for a date and when this letter was mailed out to me not sent to me by email. Do not rely to me stating that you are furnishing accurate information because we both know your not.

Do not tell me this information is verified because you have not submitted proof of compliance with section 15 USC 1681a ( 2 ) Ai and 15 USC 1666b & 1637 ( b ).

If you can not provide the proof of the mailing or delivery of the information required by section 1666b you can not treat a payment as late which means you have also violated section 15 USC 1681s-2. Please provide the required information or delete the transaction you have listed as late on my credit report. By stating in your letter sent from the CFPB you stand by your Verification and also refusing to remove the inaccurate placement on my credit report I will make this complaint as well with the XXXX. This not a threat in any way but as a consumer exercising my consumer rights under the FCRA. This is being request pursuant rule 1002. In other words, to properly report information as verified, the furnisher must have sufficient evidence to support the conclusion that the information was true, and in doing this the conditions required by 15 USC 1666b must be met. You failed to provide the required requested information, you failed to proceed in accordance with the requires for a creditor to treat a payment as late. 1303 ; see also XXXX  Law Dictionary ( 11th ed. 2019 ) ( defining verify as [ t ] o prove to be true ; to confirm or establish the truth or truthfulness of ; to authenticate ).

Importantly, a furnishers inability to conclusively determine that the disputed information is inaccurate does not mean that the furnisher is permitted to report back to the consumer reporting agency that its investigation verified the accuracy of that information. Instead, if the evidence available to the furnisher is insufficient to establish the truth or falsity of the disputed information, then, under the statutory framework, the furnisher must report that its investigation concluded that the disputed information can not be verified.

Hinkle, 827 F.3d at 1304. So, for example, if a furnisher is unable to verify that a consumer missed a payment, then it may be appropriate for the furnisher to delete any mentions of the missed payment while continuing to report other information about the account. Delete the information you are furnishing to the Consumer Reporting Agencies as late.

Thank You!

Company response to consumer: Closed with explanation