Consumer complaint received 2024-07-24
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. (TX)

I am writing to address a matter of significant concern regarding the account referenced above. It has come to my attention that despite the account being charged off XXXX months ago, there have been ongoing attempts to collect on this debt. I would like to clarify the legal position regarding charged-off accounts and the implications for both the creditor and the debtor. 

When a creditor charges off an account and writes it off as a bad debt for tax purposes, the debt is considered canceled, and the creditor may not attempt to collect on this debt any further. According to IRS regulations, once a debt is charged off and reported as a loss, it is considered taxable income to the debtor ( Internal Revenue Code Section 61 ( a ) ( 12 ) ).

Furthermore, according to the Fair Debt Collection Practices Act ( FDCPA ), once a debt is charged off and written off for tax purposes, the original creditor is no longer legally entitled to collect on it. Continued attempts to collect on a charged-off debt may constitute a violation of federal and state debt collection laws. 

Legal precedent supports this position. In the case of " XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX ), '' XXXX XXXX XXXX ( XXXX XXXX. XXXX ), the court held that attempts to collect on a discharged debt could constitute a violation of the FDCPA. Additionally, the Federal Trade Commission ( FTC ) has issued guidance indicating that once a debt is written off, it should not be pursued further for collection. 

Given these points, any further attempts to collect on this charged-off debt are both unlawful and a violation of my rights as a consumer. I request that you immediately cease all collection activities related to this account. Failure to comply with this request may result in legal action to enforce my rights under federal and state law.

In addition, pursuant to the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681c, I am requesting the removal of this charged-off debt from my credit report. The FCRA mandates the accurate reporting of information, and a debt that has been charged off and written off for tax purposes should no longer be reported as an active collection item. I request that you notify all credit reporting agencies to delete any reference to this debt from my credit report. 

Under 15 U.S.C. 1681b ( 2 ), consumer reporting agencies are required to obtain the consumer 's written consent before including certain information in their credit report. I have never provided such consent for the information that is currently being reported by your agency. 

The dates of unauthorized reporting are as follows : XXXX, XXXX, XXXX, XXXX, XXXX, XX/XX/XXXX, and XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XX/XX/XXXX. Since I never gave consent for this information to be reported, I am requesting that these entries be removed from my credit report immediately. Please take the necessary actions to investigate this matter and correct my credit report accordingly. You are fraudulently reporting inaccurate information. I never gave consent nor did I sign a signature page ; this is fraud. 

Additionally, I request written confirmation that these entries have been removed from my credit report and that you have informed the creditors involved about the removal due to lack of consent. 

Thank you for your prompt attention to this serious matter. Should you need any further information or documentation, please do not hesitate to contact me.