Consumer complaint received 2023-08-07
Company: Experian Information Solutions Inc.
State: DC
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
In accordance with the Fair Credit Reporting act. The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. XXXX XXXX XXXX XXXX : Account # XXXX, Account # XXXX, Account # XXXX, Account # XXXX, Account # XXXX, Account # XXXX, XXXX XXXX XXXX XXXX : Account # XXXX has violated my rights. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions 15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C. 1681s-2 ( A ) ( 1 ) 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. 15 U.S.C 6802a Section States : a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. 15 U.S.C. 6802a ( b ) ( 1 ) A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless 15 U.S.C. 6802a ( b ) ( 1 ) ( a ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; 15 U.S.C. 6802a ( b ) ( 1 ) ( b ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and 15 U.S.C. 6802a ( b ) ( 1 ) ( c ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 

15 U.S. Code 1681s2 - 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 which in fact makes reporting of this account inaccurate! 

By Definition the IRS clearly says a cancelled debt or charge-off is income. The reporting of this account as a debt is inaccurate. 15 USC 1681 s-2 Says XXXX XXXX XXXX XXXX is a furnisher of information to a consumer reporting agency. 

The lender must file Form 1099-C and send you a copy if the amount of debt canceled is {$600.00} or more and the lender is a financial institution, credit union XXXX federal government agency, or other applicable entity as discussed earlier in chapter 1. 

15 U.S. Code 1681s2 ( 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. 

The information is, in fact, inaccurate. 

The continued reporting of this inaccurate information is a clear violation of the law 15 USC 1681 s-2 of responsibilities as a furnisher of information.

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