Consumer complaint received 2025-04-13 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Incorrect information on your report — Account status incorrect
Company: FIRST PORTFOLIO SERVICING INC
State: MI

Complaint narrative:
Subject : Continued Inaccurate Reporting, Settlement Abuse, and Documentation Refusal Total Visa / XXXX I am filing a complaint against Total Visa/ XXXX XXXX XXXX XXXX  for continued misreporting, refusal to acknowledge payment resolution, and charging late fees while the account was inactive. 

Detailed Discrepancies Across Credit Reports : I paid {$400.00} in XX/XX/XXXX, and the account was restricted at that time I was no longer allowed to access or use the card. 
Despite this, Total Visa failed to formally close the account and continued charging late fees and scheduled payments for several months. 
Payments made under settlement : XXXX : {$41.00} XX/XX/XXXX : {$50.00} XX/XX/XXXX : {$54.00} XXXX : {$55.00} Total paid : {$630.00}, exceeding the high balance. 
XXXX and XXXX continue to reflect : Scheduled payments through XXXX Multiple 30/60/90-day lates after settlement began Remarks include : SETTLED LESS THAN FULL BLNC ; CLOSED Paid, Closed ; was Paid as agreed No mention of charge-off, but continued derogatory status reporting remains Reported date of XX/XX/XXXX is false account was closed and paid by XX/XX/XXXX Supplemental Section : Evidence of Reporting Discrepancies Based on my full review of the credit reports from XXXX, XXXX, and XXXX, there are significant discrepancies and inconsistencies that contradict federal credit reporting standards and further validate this complaint : Reported payments : {$400.00} ( XX/XX/XXXX ), followed by XXXX : {$41.00}, XX/XX/XXXX : {$50.00}, XX/XX/XXXX : {$54.00}, XXXX : {$55.00} Total paid : {$630.00}, exceeding the reported high balance Account was closed as of XX/XX/XXXX, yet reflects scheduled payments and 30/60/90-day lates into XXXX Remarks : SETTLED LESS THAN FULL BLNC ; CLOSED Paid, Closed ; was Paid as agreed No charge-off appears in the comment section, yet multiple months of derogatory reporting remain active Last reported as XX/XX/XXXX, despite final payment and closure occurring by XX/XX/XXXX XX/XX/XXXX past due amount is listed as {$82.00}, while balances were {$390.00} ( XXXX ), {$490.00} ( XXXX ), and {$460.00} ( XXXX ) revealing balance inconsistencies Clarification on Charge-Off Language : While charge-off is not explicitly listed in the remarks for Total Visa, the continued use of : Late payment codes post-settlement Open payment schedules after account closure Prolonged derogatory notations despite resolution still represents a false and punitive reflection of my creditworthiness and an unjustified derogatory designation. These practices mirror the same damaging effects of a charge-off, even if the terminology is omitted. 

Failure to Close After Restriction and Improper Fees : The account should have been formally closed in XX/XX/XXXX, when access was restricted. Total Visa failed to do this and instead continued reporting the account as active, incurring late fees and delinquencies throughout the settlement process. 

Despite usage being blocked, the account remained open in reporting, and the creditor continued adding late fees and scheduled payment entries for several months. This occurred even after I entered into a settlement agreement and began making regular payments : XXXX : {$41.00} XX/XX/XXXX : {$50.00} XX/XX/XXXX : {$54.00} XXXX : {$55.00} Totaling {$630.00} far more than the originally reported high balance. 

The fact that late fees were charged and delinquencies were reported on an account that was inaccessible and under settlement terms is abusive and misleading. Credit reports still show 30/60/90-day lates well into XXXX, despite the account being effectively nonfunctional as of XX/XX/XXXX. 

Refusal to Provide Closure Documentation : When I requested written confirmation that the account was paid and would be reported as closed, Total Visa refused to provide any such document despite accepting all payments. 

If the account was securitized or transferred, this also raises questions about whether they had legal authority to settle the debt, which should be reviewed under FCRA and FDCPA. 

Request for Proof of Legal Right to Collect I am also requesting full documentation from Total Visa/ XXXX XXXX XXXX XXXX establishing their legal right to collect, report, and settle the account at the time I made payments. 

Specifically : I am requesting confirmation that the account was not securitized, sold, or transferred to a third party during the settlement period. 
I am requesting documentation showing Total Visa / XXXX retained legal ownership and collection rights when settlement was offered and payments were accepted. 

If the account had been securitized or legally transferred, continuing to accept settlement payments and report under their name may constitute a violation of FDCPA, FCRA, and UDAAP protections and should be investigated for potential misrepresentation of ownership and unlawful collection activity. 

Adverse Impact and Legal Violations : Violates FCRA 623 through continued derogatory reporting post-resolution Reflects UDAAP and FDCPA violations, particularly for charging fees on a closed, restricted account Resulted in denied credit applications, overpayment, and lasting credit harm Adverse Impact and Compensation Request Because of these reporting failures : I have been denied credit, offered unfavorable financial terms, and misrepresented to lenders due to ongoing derogatory reporting that does not reflect the actual account status. 
My payments were made in good faith in some cases well beyond the stated balance and I was charged inappropriate fees after closure. 
These errors were not corrected until I disputed them, despite repeated outreach via phone to both First Access and Total Visa, who refused to update my account information. 

Summary of Violations and Impact : These discrepancies reflect systemic and repeated failures to report accurate, fair, and timely information. 
The overapplication of late codes, extended derogatory reporting, and refusal to confirm account closure in writing point to deceptive and abusive practices, violating : FCRA 623 by reporting inaccurate, outdated, and incomplete information Suggests possible FDCPA and UDAAP violations due to late fee practices on a closed, restricted account Caused credit denials, financial stress, and an unfair reduction in my credit score Under the Fair Credit Reporting Act ( FCRA ) 623 ( a ) ( 1 ) ( A ), furnishers are required to report complete and accurate information. These failures amount to negligent and damaging reporting practices. 

I respectfully request the CFPB take immediate action to investigate, enforce compliance, and ensure these accounts are corrected to reflect accurate status and resolution without continued harm to my credit profile. 

Violations by Total Visa FCRA 623 ( a ) ( 1 ) ( A ) : Reported late payments and continued scheduled payments even after the account was inaccessible and a settlement was underway.

FCRA 611 : No correction made after dispute submission.

FDCPA 809 : Refused to validate ownership or provide closure documentation.

UDAAP 1036 : Charged late fees on a closed account and continued reporting the account as open despite full resolution. 

Law Violated Description Supporting Detail Damages FCRA 623 ( a ) ( 1 ) ( A ) Reported lates and balances after card was locked Usage blocked in XX/XX/XXXX but fees/lates reported through XXXX {$1000.00} FCRA 611 Dispute ignored Continued showing delinquency codes {$1000.00} FDCPA 809 Refused to validate debt or legal right to collect No closure confirmation provided {$1000.00} UDAAP 1036 Charged late fees after access was blocked Continued collection behavior on inactive account {$1000.00} Total Statutory Damages : {$4000.00} This total does not include : Actual damages for credit denials and higher interest rates Emotional distress and hardship from months of unresolved negative reporting Punitive damages for willful or repeated violations Legal costs or attorneys fees, if escalation becomes necessary Relief Requested I respectfully request that all reporting agencies and furnishers take immediate corrective action to : 1. Update and close all affected tradelines 2. Remove all derogatory notations applied post-settlement 3. Confirm and document their legal authority to collect or report on the account, including verification that the accounts were not securitized 4. Support statutory and compensatory damages to reflect the full scope of harm done If not resolved promptly, I reserve the right to seek full legal remedy under the FCRA, FDCPA, and UDAAP provisions through civil action and regulatory enforcement.

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