Consumer complaint received 2025-06-23 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: FIRST PORTFOLIO SERVICING INC
State: MI

Complaint narrative:
XXXX XXXX XXXX XX/XX/XXXX Total Visa/ XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX RE : CFPB Case No. XXXX Account Ending in : To Whom It May Concern : This letter is in response to your XX/XX/XXXX communication regarding the Total Visa credit card account which you claim was opened in my name and subsequently charged off and sold to XXXX XXXX  XXXX on or about XX/XX/XXXX. 
Under the Fair Credit Reporting Act ( FCRA ) and other federal consumer laws, I am asserting my rights and demanding full compliance with your responsibilities as a data furnisher and original creditor. While your letter claims that the XXXX XXXX XXXX  no longer owns or reports this account, I am requesting that you fully address and verify the following : ________________________________________ 1. FCRA Compliance Obligations Under 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) and 1681s-2 ( b ) : You are required to ensure that all information furnished to consumer reporting agencies is complete and accurate.

Once a consumer dispute is initiated, you must conduct a reasonable investigation, correct any errors, and provide supporting documentation. 
I have not received any such documentation validating this account. Simply asserting that an application was submitted and billing statements were generated does not fulfill your legal obligation to provide full verification. 
Please provide the following : A copy of the original signed application, with IP address, digital signature, timestamp, and verification used during origination. 
A full payment history, charges, and ledger validating the alleged delinquency. 
The exact charge-off date and amount, including how the balance was calculated. 
________________________________________ 2. Request for IRS Form 1099-C You stated that this account was charged off and sold, which may constitute a cancellation of debt under IRS regulations . Per 26 U.S.C. 6050P, a creditor is required to file and issue a Form 1099-C for canceled debt exceeding {$600.00}.

I am requesting : Confirmation of whether a 1099-C was issued for the charged-off debt.

A copy of the 1099-C for tax and legal purposes, if applicable.

If no 1099-C was issued, please provide a statement of why, and whether the charged-off amount was forgiven or transferred entirely. 
________________________________________ 3. Clarification of Chain of Custody / Debt Sale Please provide : Documentation of the sale or assignment agreement transferring ownership to XXXX XXXX XXXX. 
A complete chain of title, including dates and amounts involved. 
Clarification on whether your institution retains any legal interest or servicing relationship. 
________________________________________ 4. Known Class Action Litigation To the extent your institution or affiliates have been involved in any class action lawsuits or settlements involving : Deceptive marketing of credit products Predatory fees or interest rate schemes Improper charge-off and debt sale practices Inaccurate or unlawful credit reporting Please disclose any case names, settlement terms, or class relief for which I may be eligible. As a consumer potentially impacted by your policies and reporting behavior, I reserve the right to pursue any related benefits or remedies.

________________________________________ 5. Legal Notice If you are no longer the creditor and no longer report to the credit bureaus, you must ensure that no further negative information tied to this account is associated with my consumer reports. Failure to do so may constitute continued willful noncompliance under the FCRA. 
This communication has been submitted to the Consumer Financial Protection Bureau ( CFPB ) and may be shared with legal counsel if any further reporting, collection attempts, or refusal to provide verification continues. 
Unless the above requests are fully addressed within 30 days as required under federal law, I will proceed with formal complaints to the CFPB, the Federal Trade Commission, and the appropriate state attorney general. 
Sincerely, XXXX XXXX

Company public response: Company disputes the facts presented in the complaint
Company response to consumer: Closed with explanation