Consumer complaint received 2025-07-26 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Investigation took more than 30 days
Company: ALLY FINANCIAL INC.
State: NY

Complaint narrative:
To Whom It May Concern : I, XXXX XXXX XXXX, submit this legal notice to formally object to and seek immediate redress for multiple violations of federal law, consumer protections, and equity standards arising from my dispute with Ally Financial. These violations include : 1. Wrongful and baseless classification of my credit dispute as potential fraud, 2. Failure to furnish IRS Form 1099-C for charged-off or discharged debts, 3. Complete noncompliance with mandatory dispute investigation timelines under the Fair Credit Reporting Act ( FCRA ), and 4. Breaches of regulatory standards governed by the Consumer Financial Protection Bureau ( CFPB ). 

I. Summary of Violations A. Misclassification of Dispute as Fraud My original correspondence to Ally Financial was a legitimate dispute seeking compliance with the lawspecifically, the furnishing of Form 1099-C. Rather than address the substance of my request, Ally misclassified my inquiry as potential fraud without investigation, evidence, or lawful notice. This constitutes : A retaliatory act, A violation of 15 U.S. Code 1681s-2 ( duty to investigate ), and A willful misrepresentation of my consumer intent and history.

B. Failure to Investigate Within the Statutory Period ( FCRA 1681i ( a ) ( 1 ) ( A ) ) Under the FCRA, once a dispute is filed, the furnisher of information must : Complete an investigation within 30 days, Notify the consumer of the results, and Correct or delete any unverifiable information.

Ally Financial failed to respond or investigate my dispute within this 30-day legal window. In fact, several months passed before I received any form of responseconstituting a clear violation of both the FCRA and CFPB enforcement guidelines. 

The Consumer Financial Protection Bureau ( CFPB ) maintains strict compliance standards requiring prompt investigation and transparency. Ally Financials delay was not only unlawful but negligent and procedurally unjust.

II. Failure to Provide IRS Form 1099-C ( 26 U.S.C. 6050P ) All creditors, including Ally Financial, are legally obligated to issue IRS Form 1099-C for any discharged or forgiven debt over {$600.00}. This form must be : Filed with the IRS, and Provided to the debtor by XX/XX/XXXX of the following year. 

I have made multiple documented written requests for these formsnone of which have been honored. The debts have been marked as closed, charged off, or settled, yet no corresponding 1099-C was issued. This failure obstructs my ability to accurately report income to the IRS and violates : IRS regulations, Taxpayer rights under the Taxpayer Bill of Rights ( TBOR ), and The principle of good faith compliance with federal tax law. 

III. Supporting Maxims of Law To reinforce the equity and legal foundation of this claim, I invoke the following maxims of law : 1. He who comes into equity must come with clean hands.

( No party can claim procedural fairness while concealing required documentation or misusing fraud labels. ) 2. Justice delayed is justice denied.

( Delays in the investigation violate my right to timely remedy and accountability. ) 3. The burden of proof lies upon him who affirms, not upon him who denies.

( Ally can not accuse without evidence ; the onus is on them to prove any claim of fraud. ) 4. A right can not arise from a wrong.

( No institution may benefit from failing to fulfill legal obligations such as 1099-C reporting. ) 5. Equity regards that as done which ought to have been done.

( If debts were canceled or charged off, 1099-Cs should have been issued automatically. ) 6. The law helps the vigilant, not those who sleep on their rights.

( I have persistently sought legal remedy and documentation in good faith. ) 7. Let justice be done though the heavens fall.

( The rule of law must prevail, regardless of institutional resistance or delay. ) IV. DEMANDS FOR CORRECTIVE ACTION I formally demand : 1. Immediate correction of my credit report, including the removal of any reference to potential fraud.
2. Immediate issuance and delivery of all IRS Forms 1099-C relevant to closed, settled, or charged-off accounts.

3. Written confirmation that Ally has filed these forms with the IRS as required by law.

4. A full explanation of why the original dispute investigation exceeded the legal 30-day timeframe. 

Failure to comply with this notice within fifteen ( 15 ) calendar days will result in full escalation, including but not limited to : Submitting a full case file to the Internal Revenue Service, Filing formal complaints with the CFPB, FTC, and State Attorney General, Initiating civil or regulatory action if required to protect my rights, reputation, and tax standing.

Respectfully Submitted, XXXX XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation