Consumer complaint received 2024-09-26
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: Experian Information Solutions Inc. (CA)

Re : Notice to Cease and Desist - Alleged Accounts XXXX, XXXX Dear U.S. Department of Education XXXX XXXX XXXX XXXX, This letter serves as formal notice under the Fair Debt Collection Practices Act ( FDCPA ) and other applicable laws regarding the alleged debts associated with account numbers XXXX and XXXX. I am writing to demand that you CEASE AND DESIST from any further collection activities related to these accounts until you have provided full and proper validation of the purported debts. This demand is made in compliance with the FDCPA, 15 U.S.C. 1601 et seq., 15 U.S.C. 1692 et seq., and Section 609 of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681g.

Request for Debt Validation Under Section 609 of the FCRA, I am entitled to request and obtain all relevant documentation and information pertaining to the alleged debts. This includes, but is not limited to : The Original Signed Contract or instrument of indebtedness that proves the debt is valid and that I am the party responsible for it.

Account Statements that detail the alleged debt, including a breakdown of any principal, interest, fees, and any other charges that comprise the total amount claimed.

Verification of Your Legal Right to collect on the alleged debt, including documentation that proves the debt was properly transferred or assigned to you.

A Copy of Any Judgment if a judgment has been obtained against me.

Failure to provide the requested documentation and validation of the debt is a violation of my rights under federal law. Until I receive the requested information, any collection attempts, reporting of the alleged debt to credit reporting agencies, or further communication regarding this matter must cease immediately. 

Request for Deletion of Late Payment History In addition to the above, I am formally requesting that all late payment history associated with these accounts ( XXXX and XXXX ) be deleted from my credit reports with all credit reporting agencies. These entries are inaccurate and detrimental to my credit standing. Continuing to report inaccurate information violates the Fair Credit Reporting Act and can subject your organization to further legal action. 

Fair Credit Reporting Act Violations In accordance with the Fair Credit Reporting Act, this creditor has violated my rights under the following : 15 U.S.C. 1681 602, which states that I have the right to privacy.

15 U.S.C. 1681 604 ( a ) section 2, which states that a consumer reporting agency can not furnish an account without my written instructions.

15 U.S.C. 1681b ( 2 ), which further supports that my written permission is required for such actions.

15 U.S.C. 1666b, which states that " A creditor may not treat a payment on a credit card account under an open-end consumer credit plan as late for any purpose. '' I demand that my late payments be updated to paid on time in accordance with these U.S. laws.

FCRA Section 623 Failure to Report Dispute to Credit Reporting Agencies Additionally, under FCRA Section 623, a furnisher of information to a credit reporting agency is required to notify the agency of any dispute concerning the accuracy of the reported information. Your failure to report my dispute to the credit reporting agencies is a clear violation of the Fair Credit Reporting Act. I request that this dispute be immediately reported to all relevant credit reporting agencies and the inaccurate information removed.

1099-C Form and Charge-Off Reporting Furthermore, I did not receive a 1099-C form for the charge-offs you reported on my consumer credit report. According to 15 U.S.C. 1681 ( 2 ) ( A ) ( i ), Congress has expressly forbidden the reporting of income on a consumer credit report. If any charged-off amount is considered canceled debt and thus treated as income for tax purposes, it should not be reflected on my consumer credit report without the proper issuance of a 1099-C form. This is a violation of federal law, and I request immediate rectification.

15 U.S.C. 1601 also provides protections for consumers in credit transactions, emphasizing fairness, transparency, and accuracy in credit reporting. I expect the U.S. Department of Education XXXX XXXX XXXX XXXX to comply with these legal obligations and promptly resolve this matter. 

Potential Copyright Infringement Moreover, it has come to my attention that there may be a willful infringement of my rights under 17 U.S.C. 101 et seq. If your organization has used or distributed any works derived from content or information that I own, you could be liable for statutory damages up to {$5000.00} as set forth in 17 U.S.C. 504 ( c ) ( 2 ). I demand that you immediately cease the use and distribution of all infringing materials derived from the work in question. If applicable, you are to deliver any unused or undistributed copies, including electronic versions, to me or destroy them immediately. You must also desist from any future infringement of my rights.

Criminal Investigation Notice Please be advised that this matter is now under criminal investigation concerning the business practices of your organization, including its agents, officers, employees, and attorneys, for potential violations of U.S. criminal law. Your claim of collection of an alleged debt appears to be founded upon false records, which may violate the following : U.S.C. Title 18, 2071 and 2073 - Falsifying records.

U.S.C. Title 18, 471, 472, 473, and/or 513 - Uttering and possessing false obligations and counterfeit securities.

U.S.C. Title 18, 1961 et seq. - Federal Racketeer Influenced and Corrupt Organizations Act ( RICO ).

These violations are serious, and failure to correct your actions could lead to significant criminal and civil liabilities. 

Conclusion This letter serves as your official notice. You are advised to provide written confirmation within 15 days from the date of this letter that you have received this notice and that you will comply with all demands herein. Should you fail to respond within the given timeframe, I will assume you are refusing to comply, and I will pursue all available legal remedies, including but not limited to, filing formal complaints with state and federal regulatory agencies, initiating civil lawsuits, and pursuing criminal charges.