Consumer complaint received 2024-04-19
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: Experian Information Solutions Inc. (FL)

Experian is reporting incorrect information on the account listed as XXXX XXXX. The account has several late payments and being reported as a charge off. This can not be correct because federal law states whenever a consumer account is terminated the account balance over {$1.00} is due to the consumer not creditor. Experian has failed to properly report this account and is the only credit bureau reporting it. Experian is required to report accurate information under federal law. I would like the documents used to validate this information. 

1026.11 Treatment of credit balances ; account termination. 
( a ) Credit balances. When a credit balance in excess of {$1.00} is created on a credit account ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of the consumer ), the creditor shall : ( XXXX ) Credit the amount of the credit balance to the consumer 's account ; ( XXXX ) Refund any part of the remaining credit balance within XXXX business days from receipt of a written request from the consumer ; ( XXXX ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than XXXX months. No further action is required if the consumer 's current location is not known to the creditor and can not be traced through the consumer 's last known address or telephone number. 

( b ) Account termination. 

( XXXX ) A creditor shall not terminate an account prior to its expiration date solely because the consumer does not incur a finance charge. 

( XXXX ) Nothing in paragraph ( b ) ( XXXX ) of this section prohibits a creditor from terminating an account that is inactive for XXXX or more consecutive months. An account is inactive for purposes of this paragraph if no credit has been extended ( such as by purchase, cash advance or balance transfer ) and if the account has no outstanding balance. 

( c ) Timely settlement of estate debts ( XXXX ) General rule. 

( i ) Reasonable policies and procedures required. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, card issuers must adopt reasonable written policies and procedures designed to ensure that an XXXX of an estate of a deceased accountholder can determine the amount of and pay any balance on the account in a timely manner. 

( ii ) Application to joint accounts. Paragraph ( c ) of this section does not apply to the account of a deceased consumer if a joint accountholder remains on the account. 

( XXXX ) Timely statement of balance ( i ) Requirement. Upon request by the XXXX of an estate, a card issuer must provide the XXXX with the amount of the balance on a deceased consumer 's account in a timely manner. 

( ii ) Safe harbor. For purposes of paragraph ( c ) ( XXXX ) ( i ) of this section, providing the amount of the balance on the account within XXXX  days of receiving the request is deemed to be timely. 

( XXXX ) Limitations after receipt of request from XXXX ( i ) Limitation on fees and increases in annual percentage rates. After receiving a request from the XXXX of an estate for the amount of the balance on a deceased consumer 's account, a card issuer must not impose any fees on the account ( such as a late fee, annual fee, or over-the-limit fee ) or increase any annual percentage rate, except as provided by 1026.55 ( b ) ( XXXX ). 

( ii ) Limitation on trailing or residual interest. A card issuer must waive or rebate any additional finance charge due to a periodic interest rate if payment in full of the balance disclosed pursuant to paragraph ( c ) ( XXXX ) of this section is received within XXXX  days after disclosure. 

( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( XXXX ) 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. 
( XXXX ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. 
( XXXX ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. 
( XXXX ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 
( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter.