Consumer complaint received 2025-07-03 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Starmark Financial LLC
State: FL

Complaint narrative:
Complaint Summary This complaint is submitted against XXXX XXXX XXXX for willful and negligent violations of the Fair Credit Reporting Act ( FCRA ), the Fair Debt Collection Practices Act ( FDCPA ), the Florida Consumer Collection Practices Act ( FCCPA ), and the Florida Deceptive and Unfair Trade Practices Act ( FDUTPA ). The violations stem from the continued furnishing of inaccurate credit reporting, misrepresentation of account status, and the unlawful origination of a personal loan in Florida without the appropriate state license. 

I. FCRA Violations 15 U.S.C. 1681n & 1681o XXXX XXXXXXXX XXXX willfully and/or negligently reported contradictory information to credit reporting agencies about a personal loan originated on XX/XX/XXXX, in the amount of {$38000.00}. The account was closed and reported as " Paid in Full '' with a {$0.00} balance on XX/XX/XXXX. However, XXXX later furnished a separate tradeline on XX/XX/XXXX, reporting {$41000.00} as past due. This constitutes inaccurate reporting under the FCRA. See Cortez v. TransUnion, LLC, 617 F.3d 688 ( 3d Cir. XXXX ) ( credit reports must be accurate not just technically, but also in a manner not misleading ). 

II. FDCPA Violations 15 U.S.C. 1692e, 1692f Despite selling the account to Starmark Financial LLC ( as evidenced by the notation " SLDTO STARMARK FINANCIAL LLC '' ), XXXX XXXX continued reporting the entire amount as due. This violates FDCPA provisions forbidding false representations of the character or legal status of a debt. See Picht v. John R. Hawks , Ltd., 236 F.3d 446 ( 8th Cir. XXXX ). 

III. FCCPA Violations Fla. Stat. 559.72 ( 5 ), ( 6 ), ( 9 ) Under Florida law, it is unlawful to disclose information known to be false. XXXX XXXX, despite having no legal interest in the debt post-sale, continued to furnish derogatory information. This constitutes a violation under 559.72. See Read v. MFP, Inc., 85 So. 3d 1151 ( Fla. 2d DCA XXXX ). 

IV. FDUTPA Violations Fla. Stat. 501.204 The deceptive dual-reporting of a closed account as both {$0.00} and {$41000.00} due amounts to an unfair and deceptive practice actionable under Florida consumer protection law. See PNR, Inc. v. Beacon Prop. Mgmt., Inc. , 842 So. 2d 773, 777 ( FlaXXXX XXXX ). 

V. Unlicensed Lending Florida Law XXXX XXXX XXXX  is not licensed to originate personal loans in the State of Florida. It holds licensure only for mortgage-related activity. The origination of a personal loan in Florida without proper licensure violates Fla. Stat. 516.02 and renders the transaction void or unenforceable. See Bankers Ins. Co. v. Florida Residential Prop. & Cas. Joint Underwriting Ass'n, 778 So. 2d 989 ( Fla. XXXX ) ( courts will not enforce contracts made in contravention of a statutory licensing requirement ).

VI. Bad Faith Pleading Rule 11, FRCP ; Binding Precedent XXXX XXXX  has indicated its intent to file a Motion to Dismiss despite actual and constructive knowledge of its violations. Filing a pleading without factual or legal support is sanctionable. See Chambers v. NASCO , Inc., 501 U.S. 32 ( 1991 ) ; also see In re Kunstler, 914 F.2d 505 ( 4th Cir. XXXX ) ( Rule 11 applies to pleadings filed for improper purpose or without legal foundation ).

VII. Federal Civil Litigation Disclosure These issues are the subject of pending litigation in the XXXX XXXX XXXX for XXXX XXXX XXXX XXXX Florida, Case No. XXXX. Despite documented violations and direct notice, XXXX XXXX XXXX continues its unlawful conduct and seeks to evade accountability through meritless legal filings. The trade-in does not currently reflect the disputed status on XXXX XXXX XXXX XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation