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CFPB & BBB Complaints

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Anonymous
Not applicable

CFPB & BBB Complaints

Can I file a complaint with the CFPB and BBB at the same time? I am trying to get a settled charge off removed from my credit report. I've sent copy of the agreement and cashed check to the credit bureaus and all they did was mark the account as disputed. I called the original creditor and they said I'm not in their records anymore (even though they are the ones reported on my credit report). They told me to call the collection agency that they sent my settlement check to and the collection agency keeps telling me their lawyer is reviewing it and will get back to me but hasn't.  I'm probably being a little impatient but I went ahead and filed a complaint with the BBB against the original creditor. I was reading through some old forums and saw that they have 30 days to respond to BBB and if they don't respond nothing happens. But if I file a complaint with the CFPB they have 15 days to respond or they get fined. Is it okay to file with the CFPB while the BBB is also investigating?

Message 1 of 4
3 REPLIES 3
Anonymous
Not applicable

Re: CFPB & BBB Complaints


@Anonymous wrote:

Can I file a complaint with the CFPB and BBB at the same time? I am trying to get a settled charge off removed from my credit report. I've sent copy of the agreement and cashed check to the credit bureaus and all they did was mark the account as disputed. I called the original creditor and they said I'm not in their records anymore (even though they are the ones reported on my credit report). They told me to call the collection agency that they sent my settlement check to and the collection agency keeps telling me their lawyer is reviewing it and will get back to me but hasn't.  I'm probably being a little impatient but I went ahead and filed a complaint with the BBB against the original creditor. I was reading through some old forums and saw that they have 30 days to respond to BBB and if they don't respond nothing happens. But if I file a complaint with the CFPB they have 15 days to respond or they get fined. Is it okay to file with the CFPB while the BBB is also investigating?


Yes, two separate entitites and having a complaint with one doesn't affect the other.

Message 2 of 4
rmduhon
Valued Contributor

Re: CFPB & BBB Complaints

It they aren't abiding by a PFD agreement you can sue.
Message 3 of 4
RobertEG
Legendary Contributor

Re: CFPB & BBB Complaints

Yes, you can pursue either or both.

 

BBB complaints are informal, as the BBB does not take legal action on the part of the consumer.  If the business does not respond, lack of response will be recorded for others to see.

 

A complaint to the CFPB is formally authorized under both the FCRA and FDCPA, as the CFPB has administrative enforcement authority over violations of each.

However, one must show a specific violation of some provision of either statute, whereas a BBB complaint can simply assert that they have engaged in a poor business practice, even though there is no violation per se of the statute.

 

As for the merits of any such complaint, settling a debt does not mandate removal of derogs reported by the creditor or any collection reported by the debt collector unless, as posted by a prior response, the furnisher has explicitly agreed in a pay for deletion agreement to such a condition.  There is no violation of either the FCRA or FDCPA based on lack of deletion of reported derogs.

 

As for an improper business practice, furnishers agree, when reporting to the CRAs, to the conditions set forth by the CRAs in their standard credit reporting manual.

The CRA reporting policy, as clearly set forth in their common manual, instructs furnishers not to delete based on payment of the debt.

Thus, any complaint to the BBB of an improper business practice would be of very questionable basis.

Message 4 of 4
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