Consumer complaint received 2024-05-17
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. (GA)

Subject : Formal Complaint and Cease and Desist Order Against XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Experian, and XXXX. 

Dear Consumer Financial Protection Bureau, I am writing to file a formal complaint and issue a cease-and-desist order against XXXX XXXX XXXX XXXXXXXX XXXX for multiple violations of federal laws and regulations, as well as against XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Experian XXXX and XXXX for their roles in reporting inaccurate and unauthorized information. 

The crux of the inaccuracy in XXXXXXXX XXXX XXXX XXXX XXXX XXXX reporting lies in their knowledge that the debt in question was discharged. Despite this knowledge, XXXX XXXX XXXX XXXX Bank XXXX XXXX furnish information related to my account to XXXX, Experian, and XXXX, which is a clear violation of 15 U.S. Code 1681s-2 ( a ) ( 1 ) ( A ). 

Furthermore, XXXX XXXX XXXX XXXXXXXX XXXX unlawfully attempted to collect on a discharged debt, which is considered a certificate of indebtedness by the Internal Revenue Service ( IRS ). According to IRS regulations, such discharged debt can not be reported as income. XXXX XXXX XXXX XXXX Bank has failed to provide me with a 1099-C for the cancelled debt as required by law. This failure to comply with IRS reporting requirements and the misreporting of my account as a debt rather than a certificate of indebtedness are clear violations of federal statutes. 

In addition to these violations, XXXX XXXX XXXX XXXX Bank has breached its own terms and conditions by sharing my information with non-affiliates without my explicit consent. XXXX XXXX XXXX XXXXXXXX XXXX shared my personal and account information with XXXX XXXX XXXX and XXXXXXXX XXXX XXXXXXXXboth of which are requiring payment for the same discharged debt and have been added to my credit reports with all the reporting agencies. This action grossly disregards my right to privacy as a federally protected consumer under the Privacy Act of 1974. 

Moreover, XXXX XXXX XXXX XXXXXXXX XXXX failed to inform me of my right to exercise my nondisclosure option, as mandated by 15 U.S. Code 6802 ( b ) ( c ). This failure, coupled with the unauthorized inclusion of adverse information in my consumer report by XXXX, Experian, and XXXX, further demonstrates the systemic disregard for consumer rights and legal obligations. 

I hereby demand that XXXX XXXX XXXX XXXX Bank XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX the account related to me from their records and cease all further reporting to XXXX, Experian, and XXXX. This cease-and-desist order is issued in accordance with federal laws and regulations governing consumer rights and privacy. 

I also request a thorough investigation into the actions of XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Experian, and XXXX regarding their handling of my account information and the inaccurate reporting of my financial status. This letter serves as my final attempt to resolve this matter amicably before pursuing further legal action, including filing complaints with the Securities and Exchange Commission XXXX XXXX XXXX XXXX XXXX XXXX File No. XXXX ). Thank you for your prompt attention to this serious matter. 

Sincerely, XXXX XXXX XXXX