Consumer complaint received 2023-10-09
Company: EQUIFAX, INC.
State: FL
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
You and your company, XXXX XXXX XXXX XXXX  XXXX are furnishing inaccurate and incorrect information to the consumer reporting agencies for the above referenced account. The reporting of such inaccurate and incorrect information has caused severe damage to my character, my reputation, my general mode of living and my ability to obtain credit for personal and household purposes. You and your inaccurate reporting have damaged my livelihood. XXXX has 15 days to provide me with the name of the person spoken to, documentation used, signed application with consumer wet ink signature. consumer is NOT asking for an e-oscar report, 15 U.S. Code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies ( 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. 
Duty : a moral or legal obligation ; a responsibility Accurate : correct in all details ; exact Prohibition : a law or regulation forbidding something As defined by the IRS, even if you didnt receive a Form 1099-C, you must report canceled debt as gross income on your tax return.

The IRS clearly defines a charge off as gross or ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT! The reporting of this account as a debt is inaccurate.

The lender must file Form 1099-C and send you a copy if the amount of the debt canceled is {$600.00} or more and the lender is a financial institution, credit union , federal government agency, or other applicable entity as discussed earlier in chapter 1. 
The above paragraph is taken directly from the IRS XXXX publication. SEND ME MY FORM 1099-C that you should have sent when you filed the account as a canceled debt. 
15 USC 1681s-2 states you XXXX XXXX XXXX XXXX XXXXXXXX are a furnisher of information to a consumer reporting agency.

Furthermore, 15 USC 1681a ( 2 ) Exclusions- Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s-3 of this title any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report Any payment history would be considered transactions or experiences between the consumer and the person making the report. This account does not fall under the medical exceptions in paragraph ( 3 ). You are reporting inaccurate information on my consumer report and must remove this information immediately.

You are PROHIBITED BY LAW to furnish inaccurate information. I demand you to Cease and Desist the reporting of incorrect and inaccurate information immediately.

You are hereby put on NOTICE that you are furnishing incorrect and inaccurate information. 15 U.S. Code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 1 ) PROHIBITION ( 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.

In conclusion you have been shown that you are reporting inaccurate information and have been put on notice that the information is, in fact, inaccurate.

The continued reporting of this inaccurate information is a clear violation of your responsibilities as a furnisher of information in accordance with 15 USC 1681s-2. 
You have caused my family and I severe harm due to your negligence and inaccurate reporting. This is a final opportunity to cure and DELETE this erroneous, inaccurate account from my consumer report.

Company response to consumer: Closed with non-monetary relief