Consumer complaint received 2025-08-28 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: ADP Inc.
State: MO

Complaint narrative:
Letter of Intent to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Date : XX/XX/XXXX Via Certified Mail Return Receipt Requested To : Wisely Pay Services by ADP ADP, Inc. 
XXXX ADP XXXX XXXXXXXX XXXX XXXXXXXX Subject : Notice of Intent to Sue Failure to Provide Corrective Documentation for Payment Processing Failures and Resulting Credit Harm To Whom It May Concern : This letter serves as my formal Notice of Intent to Sue Wisely Pay Services by ADP ( Wisely ) for its refusal to provide corrective documentation confirming that late-payment notations on my credit reports were caused by your system failures and not by any act or omission on my part. 

Background I maintained sufficient funds in my Wisely account at the time I authorized XXXX debit transactions to my creditors, including XXXX and XXXX XXXX XXXX. 

Your system rejected those transactions due to a system lock/security process, as admitted in your response to my CFPB complaint ( No. XXXX, submitted XX/XX/XXXX ). 

These wrongful rejections caused creditors to report late payments to the credit bureaus, damaging my credit standing. 

Despite repeated requests, Wisely has refused to issue a corrective letter on official letterhead acknowledging that the rejections were system-caused, not consumer-caused.

Violations of Law Electronic Fund Transfer Act ( EFTA ), 15 U.S.C. 1693 et seq. & Regulation E ( 12 C.F.R. 1005 ) Requires financial institutions to properly execute authorized transfers where funds are available.

Your refusal to honor authorized ACH debits, despite sufficient funds, constitutes an operational failure under EFTA.

Penalty : Actual damages, statutory damages up to {$1000.00} per violation, and attorneys fees.

Consumer Financial Protection Act ( CFPA / UDAAP ), 12 U.S.C. 5531 Prohibits unfair, deceptive, or abusive acts or practices.

Failing to process valid payments, then refusing to provide corrective documentation to repair credit harm, is both unfair and abusive.

Penalty : Civil penalties of up to {>= $1,000,000} per day for knowing violations.

Breach of Contract The Wisely cardholder agreement expressly or impliedly promised that authorized transactions using the provided routing and account numbers would be processed when sufficient funds were present.

By failing to honor these transactions, Wisely breached its contractual obligations.

Negligence Wisely owed me a duty of reasonable care in processing payments. Your failure to properly execute authorized transfers, and subsequent refusal to assist in correcting resulting credit damage, constitutes negligence.

Indirect Fair Credit Reporting Act ( FCRA ) Liability While Wisely is not a furnisher of credit information under 15 U.S.C. 1681s-2, your system failures directly caused creditors to furnish inaccurate late-payment data.

Courts have held ( Cushman v. Trans Union Corp., 115 F.3d 220 ( 3d Cir. 1997 ) ; Gorman v. Wolpoff & Abramson, 584 F.3d 1147 ( 9th Cir. 2009 ) ) that once an entity is on notice of inaccuracies, corrective action must be taken. By refusing to provide the corrective letter necessary for me to dispute the inaccurate reports, Wisely is enabling the continuation of false reporting.

Demand for Corrective Action I demand that Wisely provide, within 15 calendar days of receipt of this letter, a written statement on official letterhead : Confirming that the failed ACH debit transactions ( including but not limited to XXXX and XXXX XXXX XXXX  ) were rejected solely due to Wiselys system lock/security process and not due to any action, omission, or negligence on my part ; and Authorizing me to use this statement with my creditors and the credit reporting agencies to ensure my accounts are updated to Paid as Agreed and that all late-payment notations caused by Wiselys failures are removed .

Settlement Opportunity If Wisely provides the corrective documentation requested above within 15 days, I will consider the matter settled and will not file suit. 

If you fail or refuse to comply, I will pursue litigation in federal court and seek : Actual damages for harm to my credit profile and lost financial opportunities ; Statutory damages under EFTA ; Punitive damages for willful noncompliance under CFPA/UDAAP ; Attorneys fees and court costs ; and Any additional relief available under state law for breach of contract, negligence, and consumer protection violations. 

This letter is written without prejudice to any of my rights, claims, or remedies, all of which are expressly reserved. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation