Consumer complaint received 2024-03-30 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: Spring Oaks Capital, LLC
State: OH

Complaint narrative:
The Consumer had filed a report previously with the CFPB and As the result of further research- it has been discovered that SPRING OAKS CAPITAL LLC is in violation of multiple laws set forth by Congress in regards to the following account in relation to the Consumer that is known to the public as XXXX XXXX XXXX 15 U.S. Code 1681a ( 2 ) ( a ) ( i ) states that the consumer report does not include information solely as to transactions or experiences ( payment history, charge off status ), between the consumer ( myself ) and the person ( SPRING OAKS CAPITAL LLC ) making the report. Additionally, 15 U.S. Code 1681 s-2 ( a ) ( 1 ) ( A ) states that A person ( SPRING OAKS CAPITAL LLC ) shall not furnish any information relating to a consumer ( ME ) to any consumer reporting agency ( XXXX, XXXX, and XXXX ) if the person knows or has reasonable cause to believe that the information is inaccurate. SPRING OAKS CAPITAL LLC can not collect on a discharged debt. This is now considered a certificate of indebtedness per the IRS and income can not be reported. IRS Publication 4681 States : Generally, if a debt for which you are personally liable is forgiven or discharged for less than the full amount owed, the debt is considered canceled in whatever amount it remained unpaid. The IRS Clearly defines a charge off as Gross or Ordinary income- INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes reporting of this account inaccurate! I provided the copy from the IRS website. By Definition, the IRS Clearly says a Canceled debt or Charge off is Income. The reporting of this account as a debt is inaccurate. I never received a 1099-C from SPRING OAKS CAPITAL LLC OR The Company from whom you BLATANTLY claimed you have PURCHASED this alleged debt account from- for the canceled debt of { { {$640.00} } } in order to file as ordinary income. Where is my 1099-C PRING OAKS CAPITAL LLC and or The Selling company? You or They have clearly written or are clearly writing off debt with the XXXX without sending out 1099-C as required by the XXXX for debts greater than { { {$600.00} } }. This is unsatisfactory! SPRING OAKS CAPITAL LLC has been HEREBY PUT ON NOTICE that they are furnishing incorrect inaccurate information. XXXX, XXXX, and XXXX are NOT affiliates of SPRING OAKS CAPITAL LLC nor are they " bureaus ''. The only true credit bureau is the XXXX and they DO NOT furnish consumer reports as stated in federal law. I have a right to privacy and Per the Privacy Act of XXXX as a federally protected consumer I am now revoking any and all authorization I the consumer may have given you written and or non written and or verbal, and nonverbal and directly and or indirectly per 5 U.S. Code 552a. Per the XXXX as a federally protected consumer I am now opting out of any and all authorization I the consumer may have given you written, non written, verbal, and non verbal per 15 USC 6802. I shall also point out their responsibility pursuant 15 U.S. Code section 1681s-2 ( a ) ( 1 ) ( B ) ( ii ) : ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 1 ) PROHIBITION ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. 
15 U.S. Code 1692c - Communication in connection with debt collection c ) Ceasing communication- If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, 15 U.S. Code 1692a - Definitions Communication - ( 2 ) The term communication means the CONVEYING of INFORMATION regarding a debt DIRECTLY OR INDIRECTLY to ANY PERSON THROUGH ANY MEDIUM- 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.

15 U.S. Code 1681o - Civil liability for negligent noncompliance ( a ) In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure; and ( 2 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.

Company response to consumer: Closed with explanation