Consumer complaint received 2024-12-24 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: Atlanticus Services Corporation
State: IL

Complaint narrative:
XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX Re : Dispute of Improper Charge-Off, Sale to Collection Company XXXX and Harmful Reporting Creditor : XXXXAspire Account Number : XXXX Dear CFPB Representative, I am submitting a formal complaint through the CFPB regarding the improper handling and reporting of my TBOM/Aspire account. The creditor has violated multiple federal laws, including the Fair Credit Reporting Act ( FCRA ), Fair Debt Collection Practices Act ( FDCPA ), and Internal Revenue Code ( IRC ), resulting in financial and reputational harm to me. 

Summary of Dispute 1. Illegal Charge-Off and Debt Sale XXXX/Aspire charged off the account and subsequently sold it to XXXX XXXX XXXX. 
Charging off a debt while selling it to another party creates a scenario of double collection attempts, which is deceptive and violates FCRA ( 15 U.S.C. 1681s-2 ) and FDCPA ( 15 U.S.C. 1692e ). 
This practice undermines the integrity of credit reporting and causes undue harm to consumers like myself.

2. Failure to Issue a 1099-C Form The creditor has failed to issue a 1099-C form as required by Internal Revenue Code ( IRC 6050P ) for discharged debts of {$600.00} or more.

Without a 1099-C, the charge-off reporting is incomplete and misleading, violating FCRA ( 15 U.S.C. 1681e ( b ) ), which mandates accurate and complete reporting.

3. Improper Debt Sale to XXXX XXXX XXXX The sale of my account to XXXX XXXX XXXX occurred without proper notification or validation of the debt. 
Under FDCPA ( 15 U.S.C. 1692g ( b ) ), I have the right to receive validation of the debt before any transfer or collection activity. No such validation was provided, further violating my consumer rights.

4. Inconsistent and Harmful Reporting The payment history reported on my credit file contains inconsistencies that need to be verified.

These inaccuracies have negatively impacted my credit score and financial reputation, violating FCRA ( 15 U.S.C. 1681i ), which requires furnishers to investigate and correct errors.

Request for Investigation, Compensation, and Relief Under the Fair Credit Reporting Act ( FCRA ), I am entitled to an investigation of these inaccuracies. I request the CFPB to : 1. Investigate the validity of the charge-off and sale of my account to XXXX XXXX XXXX XXXX 
2. Require proof of compliance with IRS regulations, including documentation showing whether a 1099-C was issued for this account.

3. Ensure validation of the payment history and correction of any inaccuracies in my credit report.

4. Order the immediate removal of this account from my credit report if the creditor and collection agency fail to provide accurate and complete documentation.

5. Compensate me for the harm caused by these inaccuracies and violations, as allowed under FCRA 1681n, which permits statutory and punitive damages for willful noncompliance.

Violations Cited 1. Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681s-2 ( a ) : Prohibition of inaccurate reporting. 15 U.S.C. 1681e ( b ) : Requirement for accurate and complete reporting by credit bureaus. 15 U.S.C. 1681n : Liability for wi
llful noncompliance, including damages and legal fees.

2. Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692e : Prohibition of false, deceptive, or misleading representations.

15 U.S.C. 1692g ( b ) : Validation of debt required before further collection activities. 3. Internal Revenue Code ( IRC ) IRC 6050P : Requirement to issue 1099-C for debts discharged or forgiven.

Supporting Documentation I have attached the following documents to support my dispute : 1. A copy of my credit report highlighting the disputed account.

2. Identification and proof of address ( utility bill ) for verification purposes.

Compensation and Relief Requested Given the harm caused by the inaccurate and misleading reporting of this account, I am requesting : Compensation for damages under FCRA 1681n, including statutory damages, punitive damages, and reimbursement of legal fees if applicable.

Immediate correction or removal of this account from my credit report. 

I urge the CFPB to take swift action to hold the creditor and collection agency accountable for their violations. I look forward to a resolution that restores the accuracy of my credit report and addresses the harm caused.

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