Consumer complaint received 2024-11-03 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: CITIZENS FINANCIAL GROUP, INC.
State: MI

Complaint narrative:
Citizens Bank Privacy Compliance Department XXXX XXXX XXXX XXXX, RI XXXX CC : XXXX. XXXX XXXX, Attorney General of Michigan XXXX. XXXX XXXX XXXXXXXX XXXX Federal Trade Commission XXXX. XXXX XXXX XXXX, Comptroller of the Currency Dear Citizens Bank Credit and Privacy Compliance Department, I am formally demanding the permanent deletion and removal of all information regarding my Citizens Pay/Citizens One credit line ( Account Number ending in XXXX ) from all credit reporting agencies. The continued inaccurate reporting of this charged-off debt represents not only a violation of multiple federal laws but also an actionable threat to my financial integrity and creditworthiness. 

I am notifying you that, should this demand be ignored or inadequately addressed, I will escalate this matter to the Office of the Comptroller of the Currency ( OCC ), Federal Trade Commission ( FTC ), and Michigan Attorney General. Each of these authorities has oversight responsibilities and enforcement power over consumer protection, privacy, and credit reporting standards to which Citizens Bank is legally bound. I detail below the legal grounds that support my request, and I expect a written confirmation of the deletion within 30 days. 
Immediate Deletion of Inaccurately Reported Charged-Off Debt under the Fair Credit Reporting Act ( FCRA ) - 15 U.S.C. 1681e ( b ), 1681c, 1681i, and 1681s-2 The Fair Credit Reporting Act ( FCRA ) requires that creditors and data furnishers report information accurately and in a timely manner to prevent misleading and damaging inaccuracies. Under FCRAs provisions : 15 U.S.C. 1681e ( b ) obligates Citizens Bank to ensure the maximum possible accuracy in reporting. Reporting a charged-off debt as active misleads both creditors and consumers, constituting a material inaccuracy. Any report of my debt as collectible following a charge-off is a blatant violation of this standard, creating substantial harm to my credit profile.

15 U.S.C. 1681c ( a ) ( 4 ) restricts the reporting of adverse information, like charge-offs, to seven years from the date of first delinquency. The conflicting delinquency dates between XXXX and XXXX reports raise serious concerns about the duration of reporting. This discrepancy must be addressed immediately, and the debt must be deleted to prevent inaccurate extension of the reporting period.

15 U.S.C. 1681i allows me to dispute inaccuracies, requiring you to correct or delete incorrect data. I am exercising my right to demand remova
l of this inaccurate reporting immediately, as the charged-off status inherently disqualifies it from being reported as an active liability.

15 U.S.C. 1681s-2 ( a ) prohibits creditors from knowingly reporting inaccurate information. Your continued reporting of this account as active or collectible after it has been charged off is a direct violation of this FCRA provision, which obligates data furnishers to update and correct information that misrepresents a consumers actual financial obligation. 

Relevant Case Law : XXXX XXXX XXXX XXXX XXXX XXXX XXXX and Citizens Bank , N.A. ( XXXX XXXX XXXXXXXX ) affirms that Citizens Banks misrepresentation of a charged-off debt violates FCRA accuracy standards, directly supporting the removal of inaccurately reported charged-off accounts. 
XXXX  v. Citizens Bank , N.A. XXXX XXXX XXXX XXXX XXXX establishes that creditors must update credit reports to accurately reflect the non-collectible status of a charged-off debt.

Truth in Lending Act ( TILA ) - Failure to Provide Accurate Disclosures and Final Account Statement Reflecting Charged-Off Status ( 15 U.S.C. 1631, 1637 ( b ), 1638, and 1664 ) Under the Truth in Lending Act ( TILA ), Citizens Bank is required to provide accurate disclosures regarding the terms, balance, and status of my account, particularly following a charge-off.

15 U.S.C. 1631 mandates that Citizens Bank disclose the accurate balance, terms, and status of my account. If my debt is charged off, Citizens Bank has failed to meet its TILA obligation by inaccurately presenting this debt as active or collectible on my credit reports.

15 U.S.C. 1637 ( b ) requires that a final account statement be provided when an account undergoes significant changes, such as a charge-off. As a consumer, I have the right to a final statement reflecting a {$0.00} balance or a notation of non-collectible status following a charge-off.

15 U.S.C. 1638 : This section requires that creditors clearly disclose the status and terms of any canceled or charged-off debt. Failing to accurately report this charged-off debt as no longer collectible undermines TILAs requirement for clarity and accuracy.

Opt-Out and Data Privacy Compliance under the Gramm-Leach-Bliley Act ( GLBA ) and 16 CFR 313.7 - Restricting Disclosure and Reuse of Personal Information I am exercising my rights under the Gramm-Leach-Bliley Act ( GLBA ) to opt-out of any non-essential data sharing or redisclosure practices concerning my personal information.

15 U.S.C. 6802 grants me the right to opt out of nonpublic personal information sharing with non-affiliated third parties. I formally demand that Citizens Bank immediately cease sharing or redisclosing my personal information with third-party entities that are not essential to my account management.

16 CFR 313.7 prohibits data furnishers from reusing or redisclosing information beyond its original purpose. Reporting a charged-off debt as still collectible constitutes excessive sharing, and I request that Citizens Bank halt any additional or unauthorized sharing of this account information.

IRS Compliance and Request for Form 1099-C for Canceled Debt ( 26 U.S.C. 61 ( a ) ( 12 ) ) Under IRS regulations, canceled debt is considered taxable income unless exclusions apply, and creditors are required to issue a Form 1099-C to reflect the canceled or discharged status of a debt.

26 U.S.C. 61 ( a ) ( 12 ) states that canceled debt is taxable income and should be reported by creditors to the IRS if the debt is no longer collectible. Since this debt has been charged off, Citizens Bank is obligated to issue a Form 1099-C to clarify the debts non-collectible status for both tax reporting and credit reporting purposes.

Privacy Act Principles for Accurate and Relevant Record-Keeping - Preventing Misleading Information on My Credit Report ( 5 U.S.C. 552a ) Although the Privacy Act primarily applies to government entities, it establishes fundamental principles of accuracy and relevance in record-keeping that Citizens Bank should adhere to.

5 U.S.C. 552a emphasizes the importance of maintaining accurate records that do not mislead or harm individuals. Inaccurate reporting of a canceled or charged-off debt as active conflicts with these principles, misrepresenting my financial obligations and damaging my credit profile.

Final Resolution : Deletion and Removal of Charged-Off Debt Across All Three Credit Bureaus To reach a final resolution and prevent further inaccurate reporting, I am demanding the immediate deletion and removal of the alleged charge-off from XXXX, XXXX, and XXXX credit reports. This deletion is imperative to restore the accuracy of my credit profile and ensure compliance with FCRA, TILA, GLBA, and IRS requirements.

If Citizens Bank does not delete and remove this charge-off across all three credit bureaus within 30 days, I will proceed with formal complaints to XXXX. XXXX XXXX, Michigan Attorney General ; XXXX. XXXX XXXX XXXX, Chair of the Federal Trade Commission ( FTC ) ; and XXXX. XXXX XXXX XXXX, Comptroller of the Currency ( OCC ). These officials have the enforcement authority to address non-compliance and ensure adherence to federal laws concerning consumer protection, privacy, and accurate reporting standards.

Company response to consumer: Closed with explanation