Consumer complaint received 2024-12-10 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Atlanticus Services Corporation
State: CA

Complaint narrative:
Fortiva, I have received several denial letters regarding an account that is reporting on my consumer report. You are supplying the credit bureaus with inaccurate information, which is why it is reporting as it is. I will gladly pinpoint each inaccurate detail of how my account is reporting ( with the information you're supplying the credit bureaus with ) which is a direct violation of my consumer rights. 

Based on the Fair Debt Collection Practices Act ( FDCPA ) is a law that protects consumers from unfair debt collection practices and limits how debt collectors can contact consumers. The FDCPA became effective in XX/XX/year>. This means that as a consumer, I am protected based on unfair practices exuded by creditors such as yours. 

The FDCPA defines " creditor '' a " ( 4 ) The term " creditor '' means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. 

On my credit report, account XXXX XXXX is reporting as a " Charge-off '' as a bad debt. According to 7 CFR 1956.136 - Chargeoff., a Charge-off is the writing off of a debt and termination of collection activity without the release of personal liability. If this debt has been " written off '' why haven't I received Form 1099-C Cancellation of Debt? According to the Internal Revenue Service ( IRS ), each debtor that has CHARGED OFF of Canceled debt of {$600.00} or more of the debt owed, you are Taking a look at my consumer report, it appears that you are supplying information to the credit bureaus stating that I owe your company {$950.00} even AFTER charging this debt off? How can you charge a debt off, but still have this information reported on my credit report? I never received Form 1099-C according to Publication 4681 via the Internal Revenue Service . By law, your company was supposed to file documentation meaning an applicable entity was supposed to report an identifiable event to the IRS regarding this debt I am supposed to owe. I haven't received ANYTHING and since this debt is OVER {$600.00}, I was supposed to receive documentation, by law. According to Publication 4681, " this canceled debt is ordinary income and must be reported on the the appropriate form discussed above. '' Due to your negligence, this complete deceptive practices is a violation of 15 U.S. Code 1692e - False or misleading Representations and 808. Unfair practices a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. 

Furthermore, according to the Federal Reserve Board, failure to comply with ANY provision of the FDCPA is liable for any actual damages sustained as a result of that failure Punitive damages as allowed by the court : In an individual action, up to {$1000.00} In a class action, up to {$1000.00} for each named plaintiff and an award to be divided among all members of the class of an amount up to {$500000.00} or 1 percent of the debt collectors net worth, whichever is less Costs and a reasonable attorneys fee in any such action. Due to this debt allegeding being charged-off yet showing a balance still being owed when I haven't received any filing documentation from the IRS, this has affected my creditworthiness in many ways based on your deceptive practices and violations of the law as this balance is factored into my debt-to-income ration when it SHOULDN'T be had your agency follow proper protocol. I am a very litigious consumer and I will right for my rights just as you'd fight for your if you were in my position. In determining punitive damages, the court must consider the nature, frequency, and persistency of the violations and the extent to which they were intentional. I have mentioned this balance quite a few times and the lack of policies being followed by your entity and I have yet to seek proper remedy for my concerns based on your lack of Civil Liability.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation