Consumer complaint received 2024-10-26
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: Experian Information Solutions Inc. (NY)

XXXX XXXX XXXX - inaccurate and inconsistent reporting/ chargeoff/ violation of privacy I am filing a formal complaint against XXXX XXXX XXXX regarding their inaccurate and non-compliant reporting practices on XXXX, Experian, and XXXX reports . The account # XXXX contains multiple discrepancies and inaccuracies, which XXXX  XXXX XXXX  has failed to address or correct despite previous requests. Key issues with this account include : Incorrect Account Status/Inconsistent Payment Reports : XXXX XXXX XXXX has XXXX reported this account as Past Due on both my XXXX and Experian XXXX reports, when in fact the account was legally charged off. Whereas the XXXX consumer report reflects the account as Closed. XXXX and Experian consumer reports show 5 late payments and XXXX shows XXXX. I have attached a screenshot for further proof of these inconsistencies and inaccuracies that are being reported on this account. These inaccuracies and inconsistencies are a direct violation of 15 U.S. Code 1681 ( a ) ( 1 ). The law states the banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. 

Charge-off reported/Violation of privacy : In addition to the inaccurate and inconsistent reporting, the Creditor Remarks also show the account was charged-off. 15 U.S. Code 1681a ( 2 ) ( a ) ( i ) states that the consumer report does not include information solely as to transactions or experiences ( payment history, charge off status ), between the consumer ( myself ) and the person ( XXXX XXXX XXXX ) making the report. Additionally, 15 U.S. Code 1681 s-2 ( a ) ( 1 ) ( A ) states that A person ( XXXX XXXX XXXX ) shall not furnish any information relating to a consumer ( ME ) to any consumer reporting agency ( XXXX, XXXX, Experian ) if the person knows or has reasonable cause to believe that the information is inaccurate. XXXX XXXX XXXX can not collect on a canceled debt. This is now considered a certificate of indebtedness per the IRS and income can not be reported. The IRS Clearly defines a charge-off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes reporting of this account inaccurate! By definition, the IRS Clearly says a Canceled debt or Charge off is Income. The reporting of this account as a debt is inaccurate. 

Violation of Privacy : In XXXX XXXX XXXX terms and conditions they agreed not to share my information with non-affiliates. XXXX, XXXX, Experian is not an affiliate of XXXX XXXX XXXX XXXXXXXX. nor are they " bureaus ''. The only true credit bureau is the CFPB and they DO NOT furnish consumer reports as stated in federal law. I have a right to privacy per the Privacy Act of 1974 as a federally protected consumer. Additionally, XXXX XXXX XXXX  was also put on notice revoking any and all authorization I the consumer may have given written, non-written, verbal, and nonverbal per 5 U.S. Code 552a. Per the FCRA as a federally protected consumer, I am now opting out of any and all authorization I the consumer may have given you written, non-written, verbal, and non-verbal per 15 USC 6802. XXXX XXXXXXXX XXXX XXXXXXXX.did not respond to or acknowledge this notice and has clearly still been disclosing my personal information to nonaffiliates ( XXXX, XXXX, Experian ). 

Failure to Provide Verification Documents : FIRST PREMIER BANK has not provided verifiable proof that this information is correct, failing to comply with FCRA requirements per 15 U.S.C. 1681e, which requires credit reporting agencies and furnishers to follow 'reasonable procedures to assure maximum possible accuracy. ' Despite my formal requests, XXXX XXXX XXXX  has not furnished any documents proving the accuracy, compliance, or lawful purpose of this reporting. 

The Creditor Remarks are reported inaccurately and inconsistently which is not only misleading but also misrepresented under the Fair Credit Reporting Act ( FCRA ). This incorrect status fails to reflect the true status of a charge-off account or as the IRS refers to it, a canceled debt. XXXX  XXXX XXXX  is obligated to report accurate data under 15 U.S.C. 1681e and 12 CFR Part 1022. FCRA requires accurate, verified reporting to prevent misleading and harmful information from appearing on credit reports. XXXX XXXX XXXX report of this account shows a disregard for these standards, including failure to provide accurate, timely, and verifiable data. According to the Privacy Act of 1974 and 16CFR433.2 as a consumer, I am protected against deceptive acts, have a right to privacy and written notice to opt out of disclosure, and am allowed to uphold my rights in the event they are violated.