Consumer complaint received 2025-01-03 00:00:00
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: TD BANK US HOLDING COMPANY
State: IL

Complaint narrative:
To Whom It May Concern, I am formally disputing the actions of TD RCS/Yard Card regarding alleged unauthorized inquiries into my consumer credit report, the sharing of my personal and financial information with a third-party debt collection agency, inaccurate reporting, and improper handling of my debt account. Additionally, I invoke my rights under applicable federal laws to demand rectification of these violations, including proof of compliance with permissible purpose requirements, privacy protections, and opt-out provisions for the reporting and disclosure of my personal information.

Nature of Dispute Unauthorized Credit Report Inquiries and Debt Collection Practices : TD RCS/Yard Card has allegedly accessed my consumer credit report without demonstrable permissible purpose, in violation of 15 U.S.C. 1681b ( c ) under the Fair Credit Reporting Act ( FCRA ). Furthermore, the subsequent sharing of my personal information with a debt collection agency without my express consent or adherence to statutory obligations breaches federal privacy protections under the Gramm-Leach-Bliley Act ( GLBA ).

Inaccurate and Incomplete Reporting : The reporting of this account on my credit reports is demonstrably inconsistent and incomplete. These discrepancies include : Incorrect account numbers. 
Inconsistent payment history statuses. 
Incorrect or differing signers listed across credit bureaus. 
This inaccurate reporting constitutes a failure to meet the FCRA 's mandate for information to be " accurate, complete, and up-to-date '' as required by 15 U.S.C. 1681e ( b ).

Improper Charge-Off Handling : If this debt has been charged off, I demand that a Form 1099-C be issued for tax purposes so that I may appropriately report the debt cancellation as income. Failure to do so violates IRS regulations and adds to the mishandling of this account.

Privacy and Opt-Out Violations : Under 15 U.S.C. 6801 and 6802, financial institutions are obligated to protect consumer information and allow consumers to opt out of nonpublic personal information sharing. TD RCS/Yard Card failed to provide me with a clear opt-out notice and unlawfully disclosed my data to a third party without my authorization. 

Immediate Demands Proof of Authorization and Permissible Purpose : Provide copies of my signed authorization or other lawful documentation demonstrating compliance with 15 U.S.C. 1681b ( c ) and permissible purpose requirements.

Include specific dates of any inquiries into my credit report and the corresponding authorization for each inquiry.

Correction of Inaccurate Reporting : Immediately correct all errors and inconsistencies in the reporting of this account to reflect accurate, complete, and timely information, as required by the FCRA. 
Provide written confirmation of these corrections to all major credit reporting agencies ( XXXX, XXXX, and XXXX ). 
Validation of Debt and Privacy Compliance : Validate the debt and provide documentation proving the legitimacy of the balance, the charge-off date ( if applicable ), and any subsequent actions taken. 
Remove all unauthorized hard inquiries and derogatory information associated with the account if you can not provide verifiable proof of authorization and compliance.

Cease Reporting and Opt-Out Compliance : I invoke my right under 15 U.S.C. 6802 to opt out of all reporting of my personal and financial data to consumer reporting agencies and third parties.

Confirm the removal of my nonpublic personal information from your records and any third-party systems.

Issuance of Form 1099-C : If the debt has been charged off, issue a Form 1099-C immediately and provide me with documentation to confirm the cancellation of the debt.

Confirmation of Compliance : Provide written confirmation of all actions taken to address this dispute, including debt validation, corrections to reporting, and proof of compliance with privacy and opt-out obligations.

Legal Implications for Non-Compliance Failure to comply with these demands will result in legal action under the following statutes : FCRA ( 15 U.S.C. 1681, 1681n ) : Violations for unauthorized inquiries, inaccurate reporting, and non-compliance with permissible purpose requirements.

GLBA ( 15 U.S.C. 6801, 6802 ) : Breaches of privacy obligations and failure to provide opt-out notices. 
Statutory Penalties and Damages : Willful noncompliance with the above statutes will result in my seeking statutory damages, punitive damages, and reasonable attorney fees. 
Additionally, I will pursue claims for : Defamation : For harm caused by the reporting of inaccurate or unauthorized information. 
Negligent Enablement of Identity Fraud : For allowing unauthorized access to my credit file.

Unlawful Reporting and Disclosure : For violating consumer privacy and reporting obligations.

Conclusion This is a formal demand for compliance with federal laws governing credit reporting, privacy, and permissible purpose. TD RCS/Yard Card has 30 days from receipt of this letter to investigate and address these concerns as required under FCRA Section 623 ( a ) ( 3 ). Failure to provide satisfactory resolution will compel me to pursue legal action, including statutory and punitive damages, attorney fees, and compensation for harm caused by your actions. 

Sincerely,

Company response to consumer: Closed with explanation