Consumer complaint received 2024-09-05
Product: Credit reporting or other personal consumer reports — Other personal consumer report
Issue: Improper use of your report — Reporting company used your report improperly
Company: Experian Information Solutions Inc. (MO)

Notice to agent ( s ) is notice to principal ( s ). Notice to principal ( s ) is notice to agent ( s ).

I am writing to dispute multiple inaccurate and unlawful entries on my consumer report related to the following accounts. The accounts listed below are incorrectly reported as charged off, but according to the IRS, any charged-off or written-off amounts are treated as income and, therefore, can not be legally reported on a credit report : XXXX XXXX  Account XXXX : XXXX Account Type : Credit card Date Opened : XX/XX/XXXX Status : Account charged off ; {$2100.00} written off ; {$2100.00} past due as of XX/XX/XXXX Balance : {$2100.00} ( as of XX/XX/XXXX ) Dispute Reason : According to IRS guidelines XXXX charged-off debt is reported as income and should not be listed on a credit report. As per 15 USC 1681e ( b ), this information is inaccurate and must be deleted from my report. 

XXXX. XXXX XXXX # XXXX Account Number : XXXX Account Type : Credit card Date Opened : XX/XX/XXXX Status : Account charged off ; {$450.00} written off Balance : {$0.00} ( as of XX/XX/XXXX ) Dispute Reason : The {$450.00} charge-off has been reported as income and should not be included on my consumer report. This is a violation of 15 USC 1681e ( b ) and should be corrected immediately. 

XXXX. XXXX XXXX # XXXX Account Number : XXXX Account Type : Credit card Date Opened : XX/XX/XXXX Status : Account charged off ; {$1300.00} written off ; {$1300.00} past due as of XX/XX/XXXX Balance : {$1300.00} ( as of XX/XX/XXXX ) Dispute Reason : This accounts charge-off has been written off and treated as income under IRS rules XXXX Reporting it on my credit report violates 15 USC 1681e ( b ). I request its immediate removal. 

XXXX. XXXX XXXX. 

Account Number : XXXX Account Type : Unsecured Loan Date Opened : XX/XX/XXXX Status : Account charged off ; {$240.00} written off ; {$240.00} past due as of XX/XX/XXXX Balance : {$240.00} ( as of XX/XX/XXXX ) Dispute Reason : The {$240.00} charge-off has been reported as income, which can not legally be included on my credit report. Please delete this information as required by 15 USC 1681e ( b ).

Legal Grounds for Dispute 1. 15 USC 1681e ( b ) - Accuracy of Report : This law requires consumer reporting agencies to follow reasonable procedures to assure maximum accuracy of the information concerning the individual about whom the report relates. Reporting charged-off accounts that are considered income by the IRS violates this requirement.

2. IRS Guidelines on Charge-Offs : The IRS treats canceled or charged-off debt as gross income. Since income is not included in consumer reports, these accounts must be removed.

3. 15 USC 1681a ( d ) ( 2 ) - Exclusions from Consumer Reports : The Fair Credit Reporting Act ( FCRA ) specifically excludes certain types of information, such as income, from being reported on a consumer report. Reporting these charge-offs is a clear violation.

Resolution Requested By my written instructions, I demand the immediate deletion of the aforementioned accounts from my consumer report. Additionally, I request a free copy of my updated consumer report reflecting these corrections once completed. 

Failure to comply with these demands will result in legal action against your company. I will seek damages of {$1000.00} per violation for defamation of character, negligent enablement of identity fraud, and willful noncompliance with the FCRA under 15 USC 1681n.

Thank you for your prompt attention to this matter. 

Sincerely, XXXX XXXX XXXX authorized XXXX XXXX