Consumer complaint received 2025-03-12 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: Experian Information Solutions Inc.
State: AZ

Complaint narrative:
XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, AZ XXXX XXXX XX/XX/XXXX SS # XXXX Experian XXXX XXXX XXXX XXXX, TX XXXX To Whom It May Concern, Please be advised this is my SECOND WRITTEN REQUEST. The unverifiable and incomplete items listed below remain on my credit report in violation of Federal Law. You are required under the FCRA to have a copy of the original creditors documentation on file to verify that this information is mine and is correct. In the results of your first investigation, you stated in writing that you " verified that these items are being " reported correctly ''? Who verified these accounts? You have NOT provided me a copy of ANY original documentation required under Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ) ( a consumer contract with my signature on it ) and under Section 611 ( 5 ) ( A ) of the FCRA- you are required to " ... promptly DELETE all information which can not be verified. '' Please be advised that your company continues to report these unverifiable and incomplete items. These accounts can be considered falsified revenue and illegal by the IRS due to the fact these said accounts have been written off as a tax deduction. How can a payment be collected on an unverifiable and incomplete account, that has already been recorded as a tax deduction. 
These actions could have severe penalties for falsifying revenue reported to the IRS in accordance with the General Accounting Principles ( GAP Standards ).

Please remove these unverified and incomplete items listed below : 15 U.S. CODE 1681B - PERMISSIBLE PURPOSES OF CONSUMER REPORTS CAPITAL ONE Date of inquiry : 10/30/2024 Please remove it from my credit report.

3. 15 U.S. CODE 1681I - PROCEDURE IN CASE OF DISPUTED ACCURACY XXXX XXXX  Account Number : XXXX Please remove it from my credit report. 

4. 15 U.S.C. 1681e ( b ) Duty to Ensure Maximum Accuracy XXXX Account Number : XXXX Please remove it from my credit report. 

5. 15 U.S. Code 1681 ( C ) -Time Limits on Negative Information Outdated Unfair and Harmful Credit Reporting Practices XXXX  XXXX Account Number : XXXX Please remove it from my credit report. 

6. 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies XXXX  Account Number : XXXX Please remove it from my credit report. 

XXXX. The following personal information is incorrect XXXX  : XXXX XXXX XXXX As per the IRS.Gov : Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ) Write-off of a debt is an accounting action that results in reporting the debt/receivable as having no value on the agency 's financial and management reports. The agency does not need DOJ approval to write-off a debt since the agency is only adjusting its accounting records. Generally, write-off is mandatory for debts delinquent more than XXXX years, unless documented and justified to the XXXXice of Management and Budget ( OMB ) in consultation with Treasury. However, in those cases where material collections can be documented to occur after two years, debt can not be written off until the estimated collections become immaterial. See OMB Circular No. A-129, Section V.5.

Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if- ( A ) notice required by section 552a ( e ) ( 4 ) of title 5 indicates that information in the system may be disclosed to a consumer reporting agency ; ( B ) the head of the agency has reviewed the claim and decided that the claim is valid and overdue ; ( C ) the head of the agency has notified the person in writing- ( i ) that payment of the claim is overdue ; ( ii ) that, within not less than 60 days after sending the notice, the head of the agency intends to disclose to a consumer reporting agency that the person is responsible for the claim ; ( iii ) of the specific information to be disclosed to the consumer reporting agency ; and ( iv ) of the rights the person has to a complete explanation of the claim, to dispute information in the records of the agency about the claim, and to administrative repeal or review of the claim ; ( D ) the person has not- ( i ) repaid or agreed to repay the claim under a written repayment plan that the person has signed and the head of the agency has agreed to ; or ( ii ) filed for review of the claim under paragraph ( 2 ) of this subsection ; ( E ) the head of the agency has established procedures to ( i ) disclose promptly, to each consumer reporting agency to which the original disclosure was made, a substantial change in the condition or amount of the claim ; ( ii ) verify or correct promptly information about the claim on request of a consumer reporting agency for verification of information disclosed; and ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information ; and ( F ) the information disclosed to the consumer reporting agency is limited to- ( i ) information necessary to establish the identity of the person, including name, address, and taxpayer identification number ; ( ii ) the amount, status, and history of the claim ; and ( iii ) the agency or program under which the claim arose. 

( 2 ) Before disclosing information to a consumer reporting agency under paragraph ( 1 ) of this subsection and at other times allowed by law, the head of an executive, judicial, or legislative agency shall provide, on request of a person alleged by the agency to be responsible for the claim, for a review of the obligation of the person, including an opportunity for reconsideration of the initial decision on the claim.

You need to do a reasonable investigation in compliance with FCRA section 611 part ( b ) sub sections below.

As per the FCRA : ( iii ) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available You have NOT provided me a copy of ANY original documentation required under Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ) ( a consumer contract with my signature on it ) and under Section 611 ( 5 ) ( A ) of the FCRA- you are required to " ... promptly DELETE all information which can not be verified. '' 611. Procedure in case of disputed accuracy [ 15 U.S.C.

1681i ] ( B ) Requirements Relating to Reinsertion of Previously Deleted Material ( i ) Certification of accuracy of information. If any information is deleted from a consumer 's file pursuant to subparagraph ( A ), the information may not be reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies that the information is complete and accurate. 

( ii ) Notice to consumer. If any information that has been deleted from a consumer 's file pursuant to subparagrap h ( A ) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency.

The FCRA requires you to verify the validity of the item within 30 days. If the validity can not be verified, you are obligated by law to remove the item. There is a clear case of unverified debt here, and I urge you to remove these items before I am forced to take legal action. 

In the event that you can not verify the item pursuant to the FCRA, and you continue to list the disputed item on my credit report I will find it necessary to sue you for actual damages and declaratory relief under the FCRA. According to this regulation, I may sue you in any qualified state or federal court, including small claims court in my area.

If you disregard this request and continue to report these unverified accounts on my credit report.

You will be in violation of the FCPDA, and are now subject to fines of {$1000.00}, plus actual damages and attorney 's fees, which I may collect from you by filing a claim in small claims court.

These collections on my credit report are causing me severe problems in trying to purchase a home and the damage could lead into the {$1000.00} 's. You should also be aware that reporting such invalidated information to major credit bureaus might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit. 
In addition, the Fair Credit Reporting Act ( FCRA ) does not allow the inaccurate reporting of information on my credit report and under this act. Therefore, if you do not immediately remove this account from my credit report, you are subject to another {$1000.00} fine, plus punitive damages. 
I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. 
I have already spoken with my attorney and he stated to me that if you refuse to correct information after being provided proof of inaccuracy. That could be considered Defamation, willful injury which has already been decided by the courts. FCRA Section 623 CUSHMAN v. TRANS UNION CORP.

US Court of Appeals for the Third Circuit Court case 115 F. 3rd 220 June 9, 1997, Filed ( D.C.

No. 95-CV-01743 ).

The law is crystal clear as to the civil liability and the remedy available to me ( Section 616 & 617 ) if you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. 

In the event that you can not verify the item pursuant to the FCRA, and you continue to list the disputed item on my credit report I will find it necessary to sue you for actual damages. While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA. 
I look forward to an uneventful resolution of this matter by you following the law and deleting these unverified accounts from my credit report. 

Thank You, XXXX XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation