Consumer complaint received 2024-03-09 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: HYUNDAI CAPITAL AMERICA
State: FL

Complaint narrative:
I have been trying to get this information corrected on my credit report for months now and this is a headache when the reporting company removes the late payment and then placed it back on my credit report which is affecting my credit score with the inaccurate information reporting. How can a collection account report a late payment and XXXX removed it months ago and not just put the information back with no accurate information from the company. I have request the validation so this contract and they have not supplied me with that information and I called the company and the customer service agent told me the company moved and dont have it at this time so how are you accurately reporting if you have no information. According to the FRCA When your credit circumstances have changed, and the information in your credit report isn't updated to reflect these changes, this failure might be a violation of the FCRA. Some examples of violations include : failing to report that a debt was discharged in bankruptcy. reporting old debts as new or re-aged. This debt is old and should not be reporting on my credit report. Also if this account is closed and in collect how is reporting late payments.And according to FCRA part ( A ) ( 5 ) ( B ) ( ii ) credit bureaus if they reinsert a removed item from your credit report without notifying you in writing within 5 business days is a violation. FCRA section 605 ( c ) Creditors or collection agencies, and credit bureaus if they try and reage your account by updating the date of last activity on your credit report in hopes of keeping negative information on your account longer is a violation. Collection a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. late payment. What is 15 U.S.C. 1666 B?

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 ... 15 USC 1681b is a section of the Fair Credit Reporting Act ( FCRA ), which is a federal law that regulates the collection, use, and dissemination of consumer credit information by credit reporting agencies. What is Section 604 of the FCRA 15 USC 1681? 
FCRA section 604 ( f ) provides that a person shall not use or obtain a Start Printed Page 41244 consumer report for any purpose unless the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under [ FCRA section 604 ] and the purpose is certified in accordance with. I also requested the 1099c and never received that either so please help get this situation rectified and resolved ASAP. Thank you and one more thing this account is old and should not be reporting as verified. Pursuant to 15 USC 1681n ( Civil liability for willful noncompliance ) Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation