Consumer complaint received 2025-03-01 00:00:00
Product: Debt collection — Auto debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Experian Information Solutions Inc.
State: VA

Complaint narrative:
[ XXXX XXXX ] XXXX XXXX XXXX XXXX, XXXX : Cease Inaccurate Furnishing of Charge-OffAccount Number : XXXX : XXXX  XXXX XXXX XXXXThis letter serves as formal notice that you are furnishing inaccurate and misleading information regarding the above-referenced account to the consumer reporting agencies ( Experian, XXXX, and XXXX ). This false reporting is a willful violation of federal consumer protection laws and has resulted in significant harm to my creditworthiness, financial stability, and personal reputation.Violations of Federal Law & Case Precedent1. Violation of the Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681s-2Under 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ), furnishers must not report any information relating to a consumer if they know or have reasonable cause to believe the information is inaccurate.Your company is knowingly reporting inaccurate charge-off information that does not reflect the true status of the accountthe vehicle was resold, which impacts the financial obligation.Under 15 U.S.C. 1681s-2 ( b ), once a dispute is initiated, the furnisher must conduct an investigation and correct or delete the inaccurate information. Your continued reporting of this charge-off is a clear violation of this statute.2. Violation of the Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692ePer 15 U.S.C. 1692e ( 8 ), it is illegal for a furnisher to communicate or threaten to communicate false or misleading information to a third party, including credit reporting agencies. Your misrepresentation of this account as a charge-off, despite the vehicle being resold, is a direct violation of this law.Case Law Precedent : XXXX v. Experian XXXX. XXXX, XXXX XXXX XXXX XXXX XXXX. XXXX XXXXXXXX XXXX XXXX XXXX ) The court ruled that furnishing incorrect charge-off information constitutes willful noncompliance under the FCRA.3. Violation of Due Process Rights 14th Amendment of the U.S. Constitution The Fourteenth Amendment protects individuals from arbitrary and unfair actions that deprive them of life, liberty, or property without due process. Credit reporting affects my financial freedom and economic opportunities, and your erroneous reporting constitutes a deprivation of my property interest in fair credit.Case Law Precedent : XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) The court held that erroneous credit reporting that results in financial harm is a violation of due process and constitutes reckless disregard of consumer rights.4. Violation of IRS Guidelines 26 U.S.C. 6050PAccording to IRS regulations, a creditor must issue XXXX XXXX if it has canceled a debt of {$600.00} or more. Your company has reported this charge-off as a canceled debt, yet you have failed to provide me with a XXXX, which is legally required.Case Law Precedent : XXXX XXXX XXXX XXXX XXXX  ( XXXX ), XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX XXXXXXXX ) The court held that misreporting a charge-off without issuing a 1099-C is deceptive and misleading under federal consumer protection laws.Demands for Immediate Correction1.REMOVE the charge-off notation from my credit report immediately. Your continued failure to correct this reporting will be deemed willful noncompliance, subjecting your company to liability under 15 U.S.C. 1681n.2.Provide documentation that verifies this debt is still legally owed despite the vehicle being resold. If you can not provide this, the charge-off must be removed.3.Issue the required IRS Form 1099-C for the alleged charge-off amount, per 26 U.S.C. 6050P.4.Provide written confirmation within 30 days that the charge-off has been deleted and the matter has been resolved.Failure to comply with this request will result in legal action against you under the Fair Credit Reporting Act ( FCRA ), the Fair Debt Collection Practices Act ( FDCPA ), and constitutional due process protections. Furthermore, I will seek statutory damages, punitive damages, and attorney fees as authorized by 15 U.S.C. 1681n and 1681o.I expect a response confirming compliance within 30 days of receipt of this letter

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