Consumer complaint received 2024-11-19
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC. (OH)

Dear Sir/Madam, I am writing to demand the immediate removal of the XXXX XXXX XXXX account XXXX from XXXX, XXXX, and TransUnion from my credit report due to unlawful and inaccurate reporting of a charge-off every month for the past two years. This continuous misreporting is a direct violation of multiple provisions under the Fair Credit Reporting Act ( FCRA ), including 15 U.S.C. 1681e ( b ) and 1681c, as well as established legal precedents and FTC guidelines.

1. Violation of 15 U.S.C. 1681e ( b ) Failure to Ensure Maximum Possible Accuracy Under 15 U.S.C. 1681e ( b ), credit reporting agencies, such as XXXX, are required to maintain reasonable procedures to ensure maximum possible accuracy in the information they report. The continuous reporting of a charge-off on a monthly basis for an account that should no longer be reported as active is a clear violation of this provision. This is an example of inaccurate reporting, as the account in question has been improperly reported month after month since XX/XX/XXXX2022, when it should no longer be considered an open or ongoing charge-off. 

This failure to update or correct this information is damaging to my credit file and violates your duty to ensure accuracy as mandated by federal law. 

2. Violation of 15 U.S.C. 1681c Reporting Period for Charge-offs According to 15 U.S.C. 1681c, negative information, such as charge-offs, may only remain on a consumers credit report for seven years from the date of the original delinquency. If the charge-off has been reported for more than seven years, it must be immediately removed. I demand that you verify whether this charge-off has exceeded the seven-year limit, and if so, it must be removed immediately. If it has not exceeded seven years but is still incorrectly reported month after month, the continuing reports still violate the accuracy requirements set forth in the FCRA. 

3. Legal Precedent : XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX ( XXXX XXXX. XXXX ) In XXXX v. XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX ( XXXX Cir. XXXX ), the XXXX XXXX XXXX made clear that credit reporting agencies must ensure that charge-offs and other negative information are reported accurately and in accordance with the FCRA. The court ruled that charge-offs should not be reported as ongoing liabilities beyond the statutory period, and any attempt to report such accounts as active after theyve been marked as a charge-off constitutes a violation of the FCRA. 

XXXX failure to remove or correct the reporting of this charge-off is a violation of this case law, and I demand that you take immediate action to rectify this error. 

*4. FTC Report XXXX XXXX XXXX, at 14 Duty to Ensure Accurate Reporting The *FTC Report, XXXX XXXX XXXX, at 14, further reinforces the obligation of credit reporting agencies to ensure that the information they report is accurate and current. It explicitly states that outdated or inaccurate information should be removed from credit reports, and that agencies must correct errors promptly when alerted by consumers. The continued reporting of this charge-off as an active entry is not only inaccurate but also non-compliant with this guidance from the FTC.