Consumer complaint received 2024-10-07
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Experian Information Solutions Inc. (NJ)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX NJ, XXXX SSN : XXXX | XXXX : XX/XX/XXXX Date : XX/XX/XXXX Experian Re : Formal Credit Dispute - Fair Credit Reporting Act ( FCRA ) Violation Account Name : XXXX XXXX Account : # XXXX ****** Disputed Amount : {$6700.00} Collection : XXXX  Reference # XXXX XXXX 
Re : Formal Credit Dispute Fair Credit Reporting Act ( FCRA ) Violation Dear Experian, This communication is intended to file a dispute formal regarding the inaccurate and damaging information Experian is reporting on my credit file regarding the account associated with ADS/COMENITY/MAYORS. The account in question reflects a " Charge-Off '' status repeatedly and inconsistently over multiple months, which violates the regulations of the Fair Credit Reporting Act ( FCRA, 15 U.S.C. 1681 et seq. ) and creates harm. significant to my credit profile. 
Dispute Summary The information reflected in my Experian report shows multiple " Charge-Off '' entries from XX/XX/XXXX through XX/XX/XXXX, which represents an erroneous and unfair practice. The continued categorization of " XXXXharge-Off '' for more than 36 consecutive months violates established reporting guidelines and has a disproportionate impact on my credit history. 
Additional Information : Collection Response I have received a confirmation from XXXX, the entity that managed this debt, indicating that they have completed collection efforts and have requested the removal of the tradeline from all credit bureaus. In its response through the CFPB, XXXX reported that the account is no longer in collections and that credit agencies must remove this line from reporting in accordance with account closure policies and the Fair Debt Collection Act ( FDCPA, 15 U.S.C. 1692 et seq. ). 
This confirms that Experian has no right or justification to continue reporting this account with the Charge-Off status, much less reflect the status for each month of the last three years. information must be corrected immediately, and the account must be deleted in its entirety. 
Inconsistencies and Violations XXXX. Unfair Duplication of Charge-Off : The debt of {$6700.00} was settled and reflected as Charged Off in XX/XX/XXXX, however, this status has continued to be reported during each month from XXXX to XXXX, giving the false impression of a continuing default, which unduly exaggerates the impact of the Charge-Off on my credit. 
2. Inaccurate Balance and Maximum Credit Amount : The account currently shows a balance of {$0.00}, indicating that there is no active debt.. However, the presentation of the maximum balance as {$6700.00} and the description of " Charge-Off '' suggests an ongoing debt which is completely erroneous and does not reflect the current financial situation. 
3. Violation of Consumer Rights under 15 U.S.C. 1681e ( b ) : This section requires credit bureaus to " ensure the maximum possible accuracy of the information contained in the reports. '' Repeatedly presenting the account as Charged Off month after month distorts the true status of the debt. and causes undue harm to my credit profile.

Legal Basis and Applications 1. Violation of the Fair Credit Reporting Act ( FCRA ) - 15 U.S.C. 1681e ( b ) Section 1681e ( b ) of the FCRA provides that credit reporting agencies may Credit card companies must ensure that the information reported is accurate and fair. Continuously duplicating the " Charge-Off '' status for months is an incorrect and harmful practice, which does not reflect the true status of the account and does not meet the standard of accuracy. required. 
2. Violation of Section 15 U.S.C. 1681i ( a ) - Dispute Resolution Procedure Under Section 1681i ( a ), credit reporting agencies must make reasonable inquiries into any disputed information and remove any information that is incorrect, inaccurate, or unverifiable.. The duplication of the " Charge-Off '' from month to month is unreasonable and represents negligent credit reporting, as it presents a misleading statement of my history. 
3. Violation of the Fair Debt Collection Act ( FDCPA ) - 15 U.S.C. 1692e Section 1692e of the FDCPA prohibits collection agencies from using false or misleading representations regarding the nature, status, or amount of any debt. Repeated and prolonged representation of the debt as " Charged Off '' month to month month creates a false perception of an active and critical debt, when in reality such an obligation no longer exists. Doctrines and Relevant Jurisprudence XXXX. XXXX v. Experian Information Solutions , Inc., XXXX. XXXX ( XXXX. XXXX. XXXX ) The court ruled that repeated reporting of " Charge-Off '' for consecutive months constitutes a violation of the FCRA, as it induces creditors and lenders to believe that the deudor engaged in ongoing noncompliance, distorting the accuracy of the information. 
XXXX. XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX. XXXX ) Repeated and inaccurate classification of a collection account was found to be negligent tort under the FCRA, resulting in an obligation to correct or delete the incorrect report to ensure the accuracy of the consumer 's record. 
XXXX. XXXXXXXX XXXX Experian, XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX XXXX In this case, it was determined that misleading and damaging information reported over several months caused significant harm to the consumer 's credit profile and should be completely removed from Experian 's records. 
Formal Request I request that Experian immediately remove account # XXXX from my credit report because : XXXX. The account has been in a " Charge-Off '' status for more than 36 consecutive months, which constitutes a reporting error and a bad faith practice. 
XXXX. The collection agency XXXX has requested the complete removal of this line of credit in accordance with CFPB regulations. 
XXXX. The information currently reflects an excessive and unjustified impact on my credit profile, presenting incorrect and inaccurate data about my financial behavior. 
Consequences of Noncompliance If Experian does not resolve this dispute pursuant to applicable law within the 30 days established by the FCRA, I reserve the right to take legal action to protect my rights and obtain monetary compensation in accordance with Section 15 U.S.C. 1681n ( Liability for Willful Breach ) and 15 U.S.C. 1681o ( Liability for Negligent Breach ). 
I look forward to receiving written confirmation of the removal of this account from my credit report and complete correction of any inaccurate entries.