Consumer complaint received 2023-11-08
Company: Experian Information Solutions Inc.
State: MD
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:
XX/XX/XXXX - I sent a letter to XXXX XXXX requesting my 1099-C for the charge-off reported on my credit report.

The letter stated : Thank you for reading my request about this account with your company. I am writing today because during my quarterly review of my accounts listed on my credit report, I noticed that this account was charged off with XXXX and Experian. 
I am requesting that your company please forward me a copy of the 1099-C that was filed by your company when you charged this debt off with the IRS which is required by law for all debts over {$600.00}.

Please also enclose a printed copy of my payment history or you may also email it to me at -- -- -- -- -- -- -- -- -- -- -, please do not send any marketing or other account information to this email address I have no desire to have spam at this location and I track everything by standard USPS mail at my home address listed above.

They requested information to verify that I am who I say I am. I sent that information back and with another letter on XX/XX/XXXX that stated : XXXX XXXX, you are furnishing inaccurate and incorrect information to the consumer reporting agencies. 
The reporting of such inaccurate information has caused severe damage to my character, my reputation, my general mode of living and my ability to obtain credit for personal and house purposes.

You and your inaccurate reporting have damaged my livelihood.

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 Duty : a moral or legal obligation ; a responsibility 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.

Accurate : correct in all details ; exact.

PROHIBITION : a law or regulation forbidding something As Defined by The IRS Even if you didn't 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, By Definition
The IRS Clearly says a Canceled debt or Charge off is Income. The reporting of this account as a debt is inaccurate.

15 USC 1681 s-2 Says you, XXXX XXXX, is a furnisher of information to a consumer reporting agency. 
You ARE PROHIBITED BY LAW to furnish inaccurate information. I demand you to Cease and Desist the reporting of incorrect/ inaccurate information immediately.

15 USC 1681 s-2 ( a ) ( 1 ) ( A ) You are hereby put on NOTICE that you are furnishing incorrect inaccurate information.

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 XXXX  XXXX. 
The above paragraph is taken directly from the IRS XXXX publication. 
SEND ME MY FORM 1099-C that you should have sent when you Filled the account as a canceled debt. My Address is listed below : XXXX XXXX XXXX XXXX XXXX XXXX, MD XXXX XXXX XXXX Code 1681s2 ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 1 ) PROHIBITION ( B ) Reporting information after notice and confirmation of errors INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes your reporting of this account inaccurate!

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 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 I have shown you and you have been put on notice that you are reporting inaccurate information. 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 your responsibilities as a furnisher of information.

You have caused me and my family 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.

YOU HAVE 10 Calendar days to DELETE THIS ACCOUNT FROM MY CONSUMER REPORTS!

I never received another response from 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