Consumer complaint received 2025-10-28 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: EQUIFAX, INC.
State: NJ

Complaint narrative:
I am writing to formally dispute and demand the immediate removal of the charge-off notation for the XXXX XXXX account ( # XXXX ) from my Experian consumer report ( Report # [ insert if known, e.g., XXXX ], dated XX/XX/XXXX ). This notation is fundamentally inaccurate and unlawful under the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S.C. 1681e ( b ), which imposes a non-negotiable duty on Experian to maintain reasonable procedures ensuring the maximum possible accuracy of all reported information. The reporting of a {$1300.00} balance on a charged-off account is a glaring error, as a charge-off legally extinguishes the debt as an active receivable, mandating a {$0.00} balance. This misrepresentation not only breaches Experian 's statutory obligations but also perpetuates consumer harm by inflating my reported debt load and suppressing my credit score. I invoke the binding precedent of XXXX XXXX XXXX XXXX XXXX XXXX to compel deletion, as your failure to verify the account 's status leaves this notation defenseless against judicial scrutiny. I demand removal within 15 days, or I will pursue all available remedies. 
Account Details from Experian Report ( Report # [ insert if known ], Dated XX/XX/XXXX ) Account Name : XXXX XXXX  Account Number : XXXX.... 
Recent Balance : {$1300.00} as of XX/XX/XXXX Date Opened : XX/XX/XXXX Status : Account charged off. {$1300.00} written off. {$1300.00} past due as of XX/XX/XXXX. 
Status Updated : XX/XX/XXXX Address : XXXX XXXX XXXX XXXX XXXX XXXXXXXX ; Phone : XXXX ; Address ID : XXXX Type : Credit Card Terms : Not reported On Record Until : XX/XX/XXXX Credit Limit/Original Amount : {$1100.00} High Balance : {$2100.00} Monthly Payment : Not reported Date of Status : XX/XX/XXXX Responsibility : Individual Comment : Account closed at credit grantor 's request. 
Reinvestigation Info : This item was updated from our processing of your dispute in XX/XX/XXXX. 

Payment History : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Balance History ( showing persistent {$1300.00} balance post-charge-off ) : XX/XX/XXXX : {$1300.00} / XX/XX/XXXX / {$0.00} / {$0.00} XX/XX/XXXX : {$1300.00} / XX/XX/XXXX / {$0.00} / {$0.00} ... ( consistent {$1300.00} through XX/XX/XXXX ) XX/XX/XXXX : {$1300.00} / XX/XX/XXXX / {$42.00} / {$0.00} XX/XX/XXXX : {$1200.00} / XX/XX/XXXX / {$76.00} / {$0.00} XX/XX/XXXX : {$1100.00} / XX/XX/XXXX / {$76.00} / {$0.00} XX/XX/XXXX : {$1000.00} / XX/XX/XXXX / {$73.00} / {$0.00} XX/XX/XXXX : {$1000.00} / XX/XX/XXXX / {$71.00} / {$0.00} XX/XX/XXXX : {$950.00} / XX/XX/XXXX / {$65.00} / {$0.00} XX/XX/XXXX : {$800.00} / XX/XX/XXXX / {$35.00} / {$0.00} This history reveals a pattern of unverified late payments escalating to charge-off without supporting documentation, culminating in an illogical {$1300.00} balance persisting post-write-off. 
Legal Violation : Charge-Off Should Not Have a Balance Inaccuracy Under FCRA 1681e ( b ) FCRA 1681e ( b ) compels Experian to implement reasonable procedures assuring maximum possible accuracy, including verifying the status of reported debts. A charge-off, as defined by GAAP ( XXXX XXXX XXXX ) and IRS regulations ( 26 U.S.C. 6050P ), is a creditor 's accounting decision to write off a debt as uncollectible, closing the account and reducing the balance to {$0.00}. Reporting a {$1300.00} balance on a charged-off account ( status updated XX/XX/XXXX ) is a stark inaccuracy, implying an active, collectible obligation when none exists. This error misleads lenders, artificially inflates my debt-to-income ratio, and suppresses my credit score by XXXX points or more. XXXX 's failure to update the balance, and Experian 's uncritical acceptance, breaches 1681e ( b ), as your procedures do not catch or correct such fundamental discrepancies. Deletion is the only remedy, as the notation 's persistence causes irreparable harm. 
In-Depth Explanation and Case Law : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX The controlling precedent in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX mandates removal of charged-off debts with ongoing balances, Experian is liable XXXX like In XXXX, the XXXX disputed a charged-off debt reported with a balance after XXXX issued IRS Form 1099-C ( Cancellation of Debt ), which serves as XXXX XXXX evidence of debt forgiveness under 26 U.S.C. 6050P and Treasury Regulation 1.61-8 ( b ). The court held that the 1099-C creates a rebuttable presumption of cancellation, shifting the burden to the creditor to produce evidence rebutting itsuch as accounting records showing the debt was not forgiven or the form was erroneous. XXXX 's failure to rebut the presumption rendered the continued reporting of a balance inaccurate under FCRA 1681e ( b ), as it misrepresented the debt 's status as collectible. The court granted summary judgment for the plaintiff, ordering deletion and damages, emphasizing that CRAs must verify the full lifecycle of a debt, including post-charge-off status. 
Applied with laser precision to my XXXX XXXX account : The charge-off status ( updated XX/XX/XXXX ) and " written off '' remark imply XXXX forgave the {$1300.00} debt, yet the report shows it as " past due as of XX/XX/XXXX '' with a persistent {$1300.00} balancedirectly contradicting the write-off 's legal effect. 
Under XXXX, this creates a rebuttable presumption of cancellation, requiring XXXX  to produce primary evidence ( e.g., internal GAAP worksheets, post-write-off collection logs, or a rescinded 1099-C ) to overcome it. Absent such rebuttal, the balance notation is inaccurate, and Experians failure to delete it violates 1681e ( b ). 
The balance historystuck at {$1300.00} from XX/XX/XXXX onward, despite earlier payments ( e.g., {$42.00} in XX/XX/XXXX ) exposes the error : post-charge-off balances must be {$0.00}, as the debt is no longer an asset. Experians sham reinvestigation ( per CFPB lawsuit ) ignored this, accepting XXXX  derivative data ( e.g., screenshots ) without native records, breaching 1681i ( a ) ( 1 ) and 1681s-2 ( b ). XXXX traps you : Just as the court compelled removal for unrebutted inaccuracy, I enforce deletion here, as no evidence rebuts the write-off presumption. This systemic failure harms my credit, and I seek remedies. 

Demand for Immediate Removal and Remedies I demand the following actions with unyielding urgency : Immediate Deletion : Remove the entire XXXX XXXX  Account # XXXX from my Experian report within 15 days, including the charge-off notation, {$1300.00} balance, and all late payment history ( e.g., XXXX days past due from XXXX ). 
Verification Evidence : Produce primary-source records from XXXX, including original charge-off memos, GAAP accounting entries, and proof the balance was updated to {$0.00} post-write-off, within 15 days. 
Manual Reinvestigation : Conduct a thorough, manual investigation, contacting XXXX to confirm the charge-off 's status under XXXX precedent, within 15 days, as required by 15 U.S.C. 1681i ( a ) ( 1 ). 
Cease Reporting : Stop reporting this account to third parties until verified, lacking permissible purpose under 15 U.S.C. 1681b. 
Written Confirmation : Provide written confirmation of deletion and an updated credit report within 15 days. 


Warning DO NOT uphold this notation using : Automated E-OSCAR responses are forbidden by CRA '' XXXX or unverified furnisher data, Are forbidden by the CFPB including Generic records lacking charge-off proof or balance update, Primary source documentation of evidence of chargeoff verification screenshots, truncated statements, payment-history images billing history statements are insufficient to validate CHARGEOFFS Fabricated documents to justify the {$1300.00} balance. 

Failure to remove within 15 days will result in : Complaints to the CFPB, FTC, and XXXX Attorney General for FCRA violations. 
Legal action under 15 U.S.C. 1681n and 1681o, seeking damages and injunctive relief, citing XXXX precedent. 
Regulatory sanctions for inaccurate reporting.

Company response to consumer: Closed with non-monetary relief