Consumer complaint received 2025-02-13 00:00:00
Product: Credit card — Store credit card
Issue: Incorrect information on your report — Account status incorrect
Company: TD BANK US HOLDING COMPANY
State: FL

Complaint narrative:
RE : TD BANK TARGET CARD FDPCA and FCRA Violations ACCOUNT # XXXX My legal representation, XXXX XXXX XXXX has been disputing this account for some time, definitely over a year. I have recently been informed that they are considering a lawsuit in XXXX against me for this. The Creditor is currently reporting the Charge Off 7 months each month post the initial charge off date ( XXXX instances x {$1000.00} ) is {$7000.00} as per the FDPCA/FCRA.

TD BANK TARGET CARD is currently in violation of the FCRA and FDPCA violations for re-aging my debt injuring my Credit.

My credit reports shows the TD BANK for TARGET account continues to be reported as " Charge Off '' each month following the initial charge-off date, which has now extended over a 6 months. Additionally, these items have been disputed in the past by my attorney 's firm, past the 30 days to investigate and yet the inaccuracies persist and have not been resolved in violation of the FCRA and FDPCA..

This practice of re-aging the account is a violation of the Fair Credit Reporting Act ( FCRA ), which mandates accurate reporting of credit information. According to Section 605 ( c ) of the FCRA, the date of first delinquency ( DOFD ) should remain unchanged, and negative information should only be reported for up to seven years plus 180 days from the DOFD. Specifically, per Section 623 ( a ) ( 5 ) of the FCRA, creditors are required to accurately report the DOFD and not manipulate the reporting dates to extend the period of negative impact.

Under the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ), the penalties for violations can include : Fair Credit Reporting Act ( FCRA ) : Section 1681n - Civil Liability for Willful Noncompliance : Actual Damages : You can recover any actual damages sustained as a result of the violation.

Statutory Damages : You can recover damages of not less than {$100.00} and not more than {$1000.00} for each violation.

Punitive Damages : The court may award punitive damages if the violation is found to be willful.

Attorney 's Fees and Costs : You can recover reasonable attorney 's fees and costs if you prevail in your action.

Fair Debt Collection Practices Act ( FDCPA ) : Section 1692k - Civil Liability : Actual Damages : You can recover any actual damages sustained as a result of the violation.

Statutory Damages : You can recover up to {$1000.00} for each violation.

Punitive Damages : The court may award punitive damages if the violation is found to be willful.

Attorney 's Fees and Costs : You can recover reasonable attorney 's fees and costs if you prevail in your action.

The 30 days to investigate and delete is currently forfeit as the errors have been ongoing without correction injuring my credit through XX/XX/year>, possibly XX/XX/year>. 

I am attaching a sample from my recent XXXX report, but the account is in the same state with the other Credit Reporting Agencies.

Company response to consumer: Closed with explanation