Consumer complaint received 2023-10-30
Company: Experian Information Solutions Inc.
State: NY
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
AFFIDAVIT OF TRUTH IN THE NATURE OF SUPPLEMENTAL RULES OF THE FAIR CREDIT REPORTING ACT AND BY ALL LIGAL RIGHTA AS THE CONSUMER Consumer enforcement as administrative counterclaim my private right of action notice to all DAY XX/XX/XXXX DATE XX/XX/XXXX credit agencies ATTN : DISPUTE DEPAERTMENT RE : inaccurate information IN COMMERCE, EVERYTHING MUST BE STATED IN TRUTH. 
I, being a natural person in fact a national person, a private person, a living soul, a consumer and secure party and not a statutory person residing in the state of New York in the country of America called XXXX XXXX do hereby solemnly declare say and state one secure party is hearing everything stated in this truth affidavit is the truth the whole truth and nothing but the truth and all stated is true correct complete and not missing or misleading. NO THIRD PARTIES ALLOWED. 
PLAIN STAEMENTS ABOUT THE FACTS : FACT, the truth in lending act is intended to inform consumers about the cost of credit. 
FACT, the truth in lending act is intended to protect consumers against abuse and deceit by creditors and I have been abused and deceived so be it. 
FACT, XXXX is aware and has proof in attachment labeled as exhibit ( A ) THAT THESE ACCOUNTS ARE INFACT inaccurate. 
FACT credit agencies are aware that the said accounts list below are inaccurate. 
FACT the reporting of inaccurate information has affected my character, my reputation, my livelihood, and ability to obtain credit and a house, you and your company have affected my livelihood. 
Notice to agent is notice to principle notice to agent. 
15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies U.S. Code Notes prev | next ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION ( 1 ) PROHIBITION ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 
( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) The information is, in fact, inaccurate.

Duty : a moral and legal obligation Accurate : correct in all details in exact Prohibition : a law and regulation forbidding something As defined by the IRS, even if you didn't receive a tax form 1099-C you must report cancel debt and gross income. 

THE IRS clearly states charge off as income the reporting of this account is inaccurate. 
INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT, WHICH MAKES THIS RPORTING INACCURATE. 

By definition the IRS clearly states the charge off is income the reporting of this account as inaccurate under the law. 
15 USC 1681-S-2 you are a furnisher of information to the reporting to the credit Bureau agencies a person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 
You are prohibited by law from furnishing inaccurate information. I demand that you cease and disease this inaccurate information immediately. 
You are hereby put on notice you have been reporting inaccurate information.

The lender must file a 1099-C and you must forward me a copy of the debt if more than {$600.00} and the lender is a federal institution credit union and government agency , please send me my form 1099-C that they should have sent me that they filed as cancelled debt. in conclusion you are hereby put on notice, and I have clearly shown you this inaccurate information this reporting has caused my family a tremendous financial loss as I am not able to process fully with my livelihood you have 10 calendar days to remove this from my credit report. 

ACCOUNT NAME : XXXX XXXX XXXX ACCOUNT NUMBER : XXXX ACCOUNT NAME : XXXX XXXX XXXX NUMBER : XXXX ACCOUNT NAME : XXXX XXXX XXXX ACCOUNT NUMBER XXXX Account name : XXXX XXXX Account number : XXXX are in violation of my consumer rights. 
therefore, I am telling you in writing, I have never given any written permission to anyone to use my identity or to report any of this information on my credit report or GIVE, SHARE, DONATE, USE OR SELL my personal information OR IDENTITY to anyone, I ask that these accounts be promptly REMOVED/DELETED from my consumer report, no later than 10 business days after the receipt of this affidavit in accordance with FCRA the information is false and inaccurate and it is also hurting my chances at receiving credit from financial institutions, to get loans to buy a house or to buy a car, even to rent an apartment so as a consumer and a victim I XXXX XXXX ask that you delete, immediately these accounts as they do not belong on my consumer report. the laws are clearly in place for the protection of every consumer, myself included, I ask that you do your due diligence in response to this letter and promptly remove/delete all of these accounts without prejudice. all listed above being true and factual that the accounts listed are inaccurate and any inquiries made in association with these accounts should be deleted promptly and expeditiously also listed below is my personal information in truth and in fact as a living being. 
Also, I ask that all inquiries associated with these accounts be removed from my consumer report I would also like to ask that you check my name, phone number address place of employment, here I will give you a list of my entire identity as a real living person with my identification at the top of this letter shows with original documentation. 
NAME ADDRESS : PHONE : EMPLOYMENT ALL OTHER NAMES, PHONE NUMBER, ADDRESSES, AND PLACE OF EMPLOYMENT SHOULD BE REMOVED WITHIN 5 BUSINESS DAY OF THE RECIEPT OF THIS LETTER The inquiries associated with each of the accounts listed above should be deleted immediately upon receipt of this affidavit. 









XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX NY XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, GA XXXX ATTN : DISPUTE DEPAERTMENT ATTN : FRAUD DEPARTMENT RE : IDENTITY THEFT XXXX. Prohibiting unfair, deceptive, or abusive acts or practices ( a ) In general The Bureau may take any action authorized under part E to prevent a covered person or service provider from committing or engaging in an unfair, deceptive, or abusive act or practice under Federal law in connection with any transaction with a consumer for a consumer financial product or service, or the offering of a consumer financial product or service. 
( b ) Rulemaking The Bureau may prescribe rules applicable to a covered person or service provider identifying as unlawful unfair, deceptive, or abusive acts or practices in connection with any transaction with a consumer for a consumer financial product or service, or the offering of a consumer financial product or service. Rules under this section may include requirements for the purpose of preventing such acts or practices. 
( c ) Unfairness ( 1 ) In general The Bureau shall have no authority under this section to declare an act or practice in connection with a transaction with a consumer for a consumer financial product or service, or the offering of a consumer financial product or service, to be unlawful on the grounds that such act or practice is unfair, unless the Bureau has a reasonable basis to conclude that- ( A ) the act or practice causes or is likely to cause substantial injury to consumers which is not reasonably avoidable by consumers ; and ( B ) such substantial injury is not outweighed by countervailing benefits to consumers or to competition. 
( 2 ) Consideration of public policies In determining whether an act or practice is unfair, the Bureau may consider established public policies as evidence to be considered with all other evidence. Such public policy considerations may not serve as a primary basis for such a determination. 
( d ) Abusive The Bureau shall have no authority under this section to declare an act or practice abusive in connection with the provision of a consumer financial product or service, unless the act or practice- ( 1 ) materially interferes with the ability of a consumer to understand a term or condition of a consumer financial product or service; or ( 2 ) takes unreasonable advantage of- ( A ) a lack of understanding on the part of the consumer of the material risks, costs, or conditions of the product or service. 
( B ) the inability of the consumer to protect the interests of the consumer in selecting or using a consumer financial product or service; or ( C ) the reasonable reliance by the consumer on a covered person to act in the interests of the consumer.

Form 1099-C is to be used only for cancellations of debts for which the debtor actually incurred the underlying debt. 2. An identifiable event has occurred. It does not matter whether the actual cancellation is on or before the date of the identifiable event. 

Form 1099-C : Cancellation of Debt is required by the Internal Revenue Service ( IRS ) to report various payments and transactions made to taxpayers by lenders and creditors. These entities must file Form 1099-C if {$600.00} or more in debt was canceled or forgiven. Taxpayers who receive the form must report the amount indicated as other income on their tax return.1 Canceled debt must be reported as taxable income on annual tax returns even if the issuer doesnt send a Form 1099-C because the canceled debt is less than {$600.00} Internal Revenue Service. " Topic No. 431 Canceled Debt Is It Taxable or Not? '' KEY TAKEAWAYS A lender that cancels or forgives a debt of {$600.00} or more must send Form 1099-C to the IRS and the borrower. 
If you receive a 1099-C, you may have to report the amount shown as taxable income on your income tax return.

Because its considered income, the canceled debt has tax consequences and may lower any tax refund you are due. 

There are three copies of the 1099-C. The lender must file Copy A with the IRS, send you Copy B, and retain Copy C.3 If you borrowed money from a commercial lender and at least {$600.00} of that debt was canceled or forgiven, you should receive Form 1099-C from the lender.4 Internal Revenue Service. " Instructions for Form 1099-A and C. '' For example, assume you borrow {$10000.00} and default on the loan after repaying {$4000.00}. If the lender cant collect the remaining debt from you, it may cancel the debt, which means the remaining {$6000.00} is reported on Form 1099-C. This amount is generally considered taxable income. 
Common reasons lenders send 1099-C forms include : Foreclosure Repossession I NEVER RECEIVED THIS FORM 1099 FROM THE LENDERS LISTED. 
These lenders are committing deceptive tactics. Reporting income as debt on my consumer report I ask that this inaccurate information be removed from my consumer report as it is a federal crime to report income on my consumer report as this is clearly not debt, I never received any 1099C from any of these institutions nor the original creditors of the collections being reported on my consumer report by XXXX XXXX XXXX and XXXX XXXX as these financial institutions know the law and understand the law much better than I do as a regular human being and the sovereign of the United states constitution and Laws so I'm giving you fair notice that these financial institutions listed are committing a huge fraud a huge deceit destroying my credit disrupting my pursuit of happiness and undermining Congress 's laws set forth for the protection of the consumer which I am one you now have 10 days from the receipt of this affidavit to remove all of the accounts listed in this affidavit failure to do so will result in legal action filed against the credit bureaus for knowingly and willfully reporting inaccurate information 15 U.S. Code 1681n - Civil liability for willful noncompliance U.S. Code Notes prev | next ( a ) IN GENERAL Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; I, on many on many occasions have disputed the accounts listed affidavit which I have all of the paperwork for turn on every occasion the credit bureaus verify the account as accurate every single account listed here came back as a verified account per the data furnisher the credit bureaus have a vital responsibility to insure that maximum accuracy of a credit report is it compliance for per the fair credit reporting act and the FD CPA the credit bureaus and the financial institutions listed are in full violation of my consumer rights it should be held accountable these accounts are not removed within 10 days of the receipt of this letter affidavit I have no choice but to start taking legal proceedings against the credit bureaus and the financial institutions 15 U.S. Code 1681q - Obtaining information under false pretenses. 
U.S. Code Notes prev | next Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both.

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