Consumer complaint received 2025-01-16 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: NISSAN MOTOR ACCEPTANCE COMPANY LLC
State: GA

Complaint narrative:
I am writing to dispute the inaccurate reporting of a charge-off on my credit report by Nissan Motor Acceptance Corporation ( NMAC ) , associated with account number Account number : XXXX ]. Despite multiple dispute submissions, NMAC has failed to provide adequate documentation to validate this debt. Additionally, the ongoing reporting of this charge-off raises serious compliance concerns under the Fair Credit Reporting Act ( FCRA ) and other federal regulations. 

Additionally, on XX/XX/year>, at XXXXXXXX XXXX EST, I spoke with XXXX, a customer service representative from Nissan Motor Acceptance Corporation 's ( NMAC ) collections department. XXXX confirmed that the account in question has been sent to XXXX XXXX for collection and that the balance remains outstanding with them. 

This admission raises the following concerns : Inconsistent Reporting : If the account has been transferred to XXXX XXXX, NMAC no longer has the authority to report the account as an active charge-off. Continued reporting of the account by NMAC violates 15 U.S.C. 1681s-2 ( a ) of the Fair Credit Reporting Act ( FCRA ), which prohibits furnishers from reporting inaccurate or outdated information. 

Duplicate Reporting Risk : If both NMAC and XXXX XXXX are reporting the same debt, this constitutes double reporting, which is misleading and harmful to my credit profile. The FCRA mandates the accuracy and integrity of credit reporting, and such duplicative reporting would violate these requirements. 

Clarification of Debt Ownership : If NMAC no longer owns the debt, they must cease all reporting of the account and provide confirmation of its transfer to XXXX XXXX. Moreover, if NMAC claims no longer to be pursuing collection, they must issue a 1099-C as required under IRS regulations for debts deemed uncollectible or transferred. 

I request that you investigate this matter thoroughly. Please obtain clear documentation from NMAC detailing the current ownership of the debt, its legal collectability, and any active collection efforts. If NMAC can not substantiate its claims, the inaccurate information must be removed from my credit report immediately. 

Failure to Clarify Debt Collectability and Issue a 1099-C : NMAC has stated that the account remains collectible and therefore does not qualify for a 1099-C. However, if NMAC has transferred ownership of the debt to XXXX XXXX and is no longer pursuing collection, the IRS requires a 1099-C to be issued under 26 CFR 1.6050P-1 for debts deemed abandoned, forgiven, or transferred to another entity. 

While I understand that the IRS requires lenders to issue a 1099-C only when a debt is canceled or forgiven, the charge-off status reported by NMAC raises concerns about its accuracy and implications for collection activity. The IRS mandates creditors to issue a 1099-C when a debt of {$600.00} or more is abandoned, uncollectible, or no longer subject to active collection. 

If NMAC claims that the debt remains collectible, it must provide verifiable evidence of ongoing collection efforts or the legal basis for considering the debt valid. Furthermore, NMACs repeated reporting of the charge-off monthly as though it is a new derogatory event, without any substantiating documentation, appears to violate the Fair Credit Reporting Act ( 15 U.S.C. 1681s-2 ). 

If NMAC no longer intends to pursue collection, they are obligated to issue a 1099-C per IRS regulations XXXX Failure to provide clarity on the status of this debt or to accurately reflect its status in credit reporting constitutes a breach of federal law. 


Relevant Obligations of Financial Institutions : Accuracy and Integrity of Reporting ( 15 U.S.C. 1681s-2 ( a ) ) : Furnishers must not report information if they know or have reasonable cause to believe it is inaccurate. They are obligated to ensure maximum possible accuracy when reporting account information. 
Duty to Investigate Disputes ( 15 U.S.C. 1681s-2 ( b ) ) : Upon receiving notice of a dispute from a CRA, furnishers must investigate the disputed information, verify its accuracy, and either correct or delete the information if it is found to be inaccurate or unverifiable. 
Verifiability of the Debt : If a consumer disputes a charge-off or account status, the furnisher must provide documentation to substantiate their claims ( e.g., the original agreement, payment history, etc. ). Failing to do so, while continuing to report the information, constitutes a violation of the FCRA. 

Violations by NMAC ( Furnisher ) : Failure to Conduct a Reasonable Investigation Under 15 U.S.C. 1681s-2 ( b ), furnishers are required to investigate disputed information and provide accurate updates. NMACs failure to provide documentation substantiating the charge-off indicates non-compliance with this requirement. 
Continued Reporting of Inaccurate Information As mandated by 15 U.S.C. 1681e ( b ), information furnished to CRAs must be accurate and verifiable. NMACs persistent reporting of this charge-off, despite providing no evidence, is a clear violation of this obligation. 
Refusal to Address Future Disputes NMACs statement that it will no longer respond to disputes violates my rights under the FCRA. Consumers have the right to dispute inaccuracies until they are resolved, as per the law. 
Failure to Cease Reporting Disputed Information During Investigation Under 15 U.S.C. 1681i ( a ), once a dispute is filed, the furnisher must cease reporting or verify the debt with sufficient evidence. NMACs continued reporting without such verification is unlawful. 
Violations by XXXX, XXXX, XXXX : Failure to Conduct a Reasonable Reinvestigation Under 15 U.S.C. 1681i ( a ), CRAs are required to conduct thorough reinvestigations when disputes are submitted. The failure to request proper validation from NMAC or investigate the matter thoroughly violates this section. 
Retention of Unverifiable or Inaccurate Information Per 15 U.S.C. 1681c-2, CRAs must delete or correct unverifiable information within 30 days of receiving a dispute. Retaining this charge-off without proper verification violates the FCRA. 
Failure to Ensure Accuracy Under 15 U.S.C. 1681e ( b ), CRAs must have reasonable procedures to ensure maximum accuracy in reporting. By allowing NMAC to report unverifiable information, [ Credit Reporting Agency Name ] has failed to meet its obligation. 
Requested Actions : Conduct a thorough reinvestigation of the disputed account. 
Require NMAC to provide full documentation to validate the charge-off, including original agreements and payment records. 
If validation can not be provided, immediately remove the inaccurate information from my credit report as required under the FCRA. 
Provide a written confirmation of your investigation results and the actions taken to resolve this dispute. 
Enclosed are copies of relevant documentation supporting my dispute, including : Correspondence with NMAC. 
Copies of my credit report with the disputed account highlighted. 
Please note that if this issue is not resolved promptly, I will escalate my complaint to the Consumer Financial Protection Bureau ( CFPB ) and may seek legal remedies for damages under the FCRA. 

Thank you for your prompt attention to this matter. I expect a response within the 30-day period as outlined in the FCRA.

Company response to consumer: Closed with explanation