Consumer complaint received 2025-01-18 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: NISSAN MOTOR ACCEPTANCE COMPANY LLC
State: GA

Complaint narrative:
Dear Nissan Motor Acceptance Corporation ( NMAC ), I am writing to formally dispute the inaccurate reporting of the charge-off associated with Account Number : XXXX. Additionally, I am addressing violations committed by the credit reporting agencies ( CRAs ) in their handling of this matter. Both your actions and those of the CRAs raise significant concerns regarding compliance with the Fair Credit Reporting Act ( FCRA ), the Truth in Lending Act ( TILA ), and IRS regulations under 26 CFR 1.6050P-1.

This letter serves as both a dispute of the reported information and a demand for specific validation and documentation regarding the accuracy of the debt you claim I owe. Furthermore, I request that both you and the CRAs take corrective actions to address these legal violations.

Violations by Nissan Motor Acceptance Corporation ( NMAC ) 1. Violation of 15 U.S. Code 1637 ( b ) Truth in Lending Act ( TILA ) : Under TILA, creditors are required to provide clear and accurate statements of account terms and conditions, including billing statements and all account activity. Your failure to provide full account documentation, including the original signed agreement and detailed accounting records, violates this provision. 
2. Violation of 15 U.S. Code 1666b Billing Error Resolution : This section of TILA mandates that no creditor may report a disputed account to credit reporting agencies without proper investigation and validation. Reporting this debt to credit bureaus without resolving the dispute is a violation of federal law.

3. Violation of 15 U.S. Code 1681s-2 ( a ) Reporting Inaccurate Information : Under the FCRA, furnishers of information are prohibited from reporting information they knowor have reasonable cause to believeis inaccurate. Your continued reporting of the charge-off after transferring the account to Credit Control constitutes false reporting and creates duplicate reporting risks.

4. Violation of 15 U.S. Code 1681e ( b ) Accuracy in Reporting : This section requires that all information furnished to credit reporting agencies must be accurate and verified. By updating the charge-off monthly, you create the misleading impression of ongoing derogatory activity when no new activity has occurred. 
5. Violation of 15 U.S. Code 1681s-2 ( b ) Failure to Conduct Reasonable Investigation : Upon receiving disputes, creditors must conduct a reasonable investigation and provide substantiating evidence to validate the account. Despite multiple disputes, you have failed to produce : The original signed agreement.

A full payment history detailing how the {$10000.00} charge-off balance was calculated.

Documentation proving your ownership of the debt or ongoing collection efforts.

6. Failure to Issue a 1099-C IRS Violation ( 26 CFR 1.6050P-1 ) : IRS regulations require that creditors issue a 1099-C for debts of {$600.00} or more that are deemed canceled, forgiven, or abandoned. If NMAC has transferred ownership of the debt to Credit Control and is no longer actively pursuing collection, you are legally obligated to issue a 1099-C for the charge-off.

Your failure to issue this form violates IRS rules and creates further confusion about the status of this debt.

7. Refusal to Address Future Complaints : Your statement that NMAC " will not address any future complaints '' is a direct violation of my rights under the FCRA. Under 15 U.S.C. 1681i ( a ), consumers have the right to dispute inaccurate information on their credit report as often as necessary until the issue is resolved. Refusing to address future disputes constitutes an unlawful denial of this right.

Violations by Credit Reporting Agencies ( CRAs ) 1. Improper Verification of Disputed Information ( 15 U.S. Code 1681i ( a ) ( 1 ) ( A ) ) : The CRAs claimed that the account was verified as accurate, but failed to provide any supporting documentation from NMAC. This demonstrates that the CRAs relied solely on the furnishers ( NMACs ) unverified claims, violating their obligation to conduct a reasonable reinvestigation.

2. Failure to Ensure Accuracy in Reporting ( 15 U.S. Code 1681e ( b ) ) : By continuing to report inaccurate and unverifiable information provided by NMAC, the CRAs violated their responsibility to ensure the maximum possible accuracy of the information in my credit report.

3. Improper Use of My Credit Report ( 15 U.S. Code 1681b ) : The CRAs allowed NMAC to use and update my credit report without verifying the accuracy of the information. Since NMAC has transferred the account to Credit Control, their continued access to my credit report may constitute an improper use of my personal information.

4. Failure to Remove Unverifiable Information ( 15 U.S. Code 1681i ( a ) ( 5 ) ) : When NMAC failed to provide proper documentation to validate the account, the CRAs were required to remove the charge-off from my credit report. Their refusal to delete the unverifiable information is a clear violation of federal law.

Failure to Disclose Information Upon Request 15 U.S.C. 1681g : Requirement : The FCRA requires that CRAs and furnishers provide you with all information they have about your account upon your written request. 
Violation : If you have requested detailed information about the account and they failed to provide it ( e.g., original agreement, payment history, DOFD ), this is a violation. 

Violations of IRS Reporting Rules 26 CFR 1.6050P-1 : Requirement : If NMAC has deemed the debt uncollectible or abandoned ( e.g., transferred to Credit Control ) , they are required to issue a 1099-C for debts of {$600.00} or more.

Violation : Failing to issue a 1099-C while simultaneously reporting the account as uncollectible and charged off violates IRS regulations .

Failure to Notify of Negative Reporting ( 15 U.S.C. 1681s-2 ( a ) ( 7 ) ) : NMAC failed to notify me in writing before reporting the negative charge-off to credit reporting agencies. Federal law requires furnishers to send written notice within 30 days of reporting negative information.

Improper Re-aging of Debt : By updating the charge-off status monthly, NMAC has created the false impression of ongoing derogatory activity, which misrepresents the true Date of First Delinquency ( DOFD ). This practice artificially extends the reporting period, violating the FCRAs requirement for accurate reporting and misleading creditors and lenders reviewing my credit profile.

Requested Actions From NMAC : Provide the following documentation to validate the debt : The original signed agreement.

Detailed accounting records showing how the balance was calculated.

Proof of ownership of the debt, including any assignment or transfer agreements.

Records of ongoing collection efforts, if applicable.

Immediately issue a 1099-C if the debt has been transferred, abandoned, or deemed uncollectible.

From the CRAs : Conduct a thorough reinvestigation of the account and remove the charge-off if NMAC fails to provide sufficient validation.

Provide a written explanation detailing how the account was verified as accurate, including evidence provided by NMAC.

Cease allowing NMAC to access or update my credit report if they no longer own the debt.

Correct or Remove Inaccurate Information : If neither NMAC nor the CRAs can provide proper validation, remove the charge-off immediately.

Notice of Legal and Regulatory Violations Your collective failure to comply with federal and state laws constitutes a violation of my rights under the Fair Credit Reporting Act, Truth in Lending Act, and Georgia Fair Business Practices Act ( O.C.G.A. 10-1-390 ). If these issues are not resolved promptly, I will file formal complaints with the following agencies and pursue all legal remedies available to me under 15 U.S.C. 1681n and 15 U.S.C. 1681o for willful and negligent violations : Under 15 U.S. Code 1681n ( Willful Noncompliance ) : I will seek statutory damages for each violation of the FCRA, along with punitive damages for willful noncompliance.

Under 15 U.S. Code 1681o ( Negligent Noncompliance ) : I will seek statutory damages for negligence in failing to meet the obligations required by federal law.

Attorneys Fees and Costs : Should I pursue legal action, I will also seek reimbursement for all attorneys fees and costs incurred during this process.

" In addition to the violations outlined in this letter, it is essential to highlight that the Consumer Financial Protection Bureau ( CFPB ) has previously settled with Nissan Motor Acceptance Corporation ( NMAC ) for illegal collections and repossession practices. This settlement, finalized in 2020, found that NMAC engaged in unlawful activities, including deceptive collection practices, illegally repossessing vehicles, and failing to provide adequate notice to consumers regarding their options to avoid repossession.

The CFPB required NMAC to pay millions in fines and restitution while implementing corrective measures to address its non-compliance with federal laws. This documented history of disregard for consumer rights reflects a troubling pattern of behavior, raising significant concerns about NMAC 's current handling of my account.

Given NMACs established record of non-compliance, I have reason to believe that its continued reporting of unverifiable and inaccurate information, refusal to validate the debt, and misleading updates to my credit report are consistent with its prior unlawful conduct. This underscores the need for immediate corrective action, regulatory oversight, and potential legal remedies to address these ongoing violations. '' " In addition to the issues outlined in this correspondence, it is crucial to highlight the Consumer Financial Protection Bureaus ( CFPB ) recent enforcement action against XXXX, announced on XX/XX/XXXX, for systemic failures in handling consumer disputes and ensuring compliance with the Fair Credit Reporting Act ( FCRA ). The CFPB found that XXXX : Failed to thoroughly investigate consumer disputes, often ignoring documents and evidence submitted by consumers. 
Reinserted previously deleted inaccuracies into credit reports and failed to block identity theft-related information from reappearing. 
Sent contradictory and confusing letters to consumers, sometimes stating that information was both verified as accurate and deleted simultaneously. 
Used flawed internal software, leading to widespread errors, including duplicate account reporting and inaccurate credit scores for hundreds of thousands of consumers. 
As a result, XXXX was ordered to pay a {$15.00} XXXX civil penalty and to bring its dispute resolution processes into compliance with federal law. 

This enforcement action highlights a pattern of systemic failures by XXXX to comply with the FCRAs requirements for investigating consumer disputes and ensuring the maximum possible accuracy of credit reports. These failures mirror the mishandling of my case, where XXXX improperly verified inaccurate information provided by Nissan Motor Acceptance Corporation ( NMAC ) without thorough investigation or validation. The improper reliance on unverifiable and inaccurate data, combined with XXXX failure to adequately resolve my dispute, is consistent with the violations identified by the CFPB. 

Given this documented history of non-compliance, I demand that XXXX take immediate corrective action to address the inaccuracies on my credit report. If this matter is not resolved promptly, I will escalate my complaint for further regulatory oversight and pursue legal remedies to recover damages under the FCRA. '' Consumer Financial Protection Bureau ( CFPB ) Federal Trade Commission ( FTC ) State Attorney Generals Office

Company response to consumer: Closed with explanation