Consumer complaint received 2023-07-21
Company: Experian Information Solutions Inc.
State: VA
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:
XXXX XXXX Account # XXXX that you are furnishing has inaccurate and incorrect information that you're reporting as a consumer reporting agency. 

The reporting of such inaccurate/incomplete information has caused severe damage to my character, my reputation, my general mode of living and my ability to obtain credit for personal house purposes. Your inaccurate reporting has damaged my livelihood and reputation. 

I have recently come across information from the Federal Trade Commission website, more specifically the Graham Leach Bailey Act. 


Before my personal information is furnished, I was supposed to receive 3 disclosures. 



15 U.S. Code 6802- Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, 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 XXXX of this title. 

( b ) Opt out ( XXXX ) In general Afinancial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( 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 ; ( 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 ( 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.

( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; As Defined by The IRS Publication XXXX Even if XXXX XXXX didnt receive a Form 1099-C, they must report canceled debt as gross income on their tax return. 

The IRS Clearly defines a charge off as Gross or Ordinary income, INCOME/TRANSACTIONS/EXPERIENCES DOES NOT GET REPORTED ON THE CONSUMER REPORT which in face makes your reporting of this account inaccurate! 

By definition The IRS clearly says a Cancelled or Charge off is income. The reporting of this account as a debt is inaccurate.

15 U.S.C. 1681s-2 Says consumer reporting agency as a furnisher of information are PROHIBITED BY LAW to furnish inaccurate information. I demand you to Cease and Desist the reporting of incorrect/inaccurate information immediately.

15 U.S. Code 1681s-2 ( a ) ( 1 ) ( A ) 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.

I hereby put on NOTICE that Experian is furnishing incorrect inaccurate information.Which is in violation of 15 U.S. Code 1681s-2 ( a ) ( 1 ) ( A ) The lender must file Form 1099-C and send me a copy if the amount of 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 2022 Publication 4681 XXXX  XXXX needs to SEND ME MY FORM 1099-C when they filed the account as a canceled/charged off debt.

My contact information is listed below.

The continued reporting of this inaccurate information is a clear violation of the Law 15 U.S.C. 1681 s-2 of your responsibilities as a furnisher of information.

15 U.S. Code 1681a - Definitions ; rules of construction ( d ) Consumer Report.

( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.

( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ;

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