Consumer complaint received 2025-01-16 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: NY

Complaint narrative:
PERSONAL INFORMATION I am writing to formally dispute the inaccuracies present in my credit report. Despite having submitted the necessary documents, including my identification ( ID ), Social Security Number ( SSN ), and a recent bill verifying my current address, the errors in my report have not been corrected. Additionally, I have made several attempts to contact you by phone and sent certified letters, but the errors in my report remain unresolved. 
1. Fair Credit Reporting Act ( FCRA ) Compliance : Under Section 609 ( a ) ( 1 ) of the FCRA, I have the right to request the correction of any errors on my credit report. I have provided all necessary documentation, including copies of my ID, SSN, and a recent bill that verifies my current address. However, XXXX has failed to adequately correct this information. This non-compliance is a direct violation of my rights under the FCRA. 
2. Fair Debt Collection Practices Act ( FDCPA ) Violation : Under the Fair Debt Collection Practices Act ( FDCPA ), it is unlawful to maintain incorrect information on my credit report without verifying its accuracy. This situation represents a violation of the FDCPA, as the persistent errors have not been corrected, which is negatively impacting my credit report. 
3. Violation Under New York General Business Law ( NYGBL ) : According to the New York General Business Law, particularly Sections 380-a to 380-j, XXXX is required to ensure that my credit report is accurate and truthful. My rights as a New York consumer have been violated by the failure to correct errors in my report after I submitted the necessary documentation. This failure to act represents a breach of state law. 
4. Request for Compensation for Damages : Due to the failure to correct the inaccuracies in my credit report and the ongoing damage caused to my financial and personal well-being, I am requesting compensation for the damages caused by this situation. The continued presence of inaccurate information has affected my ability to obtain credit at fair terms, caused emotional distress, and has negatively impacted my financial well-being. Therefore, I am requesting a compensation of {$1000.00} for the economic and emotional distress this issue has caused me. 
5. Legal Action in Case of Non-Compliance : If XXXX does not correct this information within the 30-day period prescribed by the FCRA, I will take immediate legal action to seek compensation for the damages I have suffered. This compensation will include a lawsuit for emotional distress and the economic effects this incorrect information continues to have on my life. I will also file a complaint with the CFPB ( Consumer Financial Protection Bureau ) and the appropriate New York authorities to enforce my rights. 


COLLECTION : Formal Dispute Regarding Collection Account XXXX XXXX XXXX Account # XXXX Dear Sir or Madam, I am writing to formally dispute the collection account referenced above, as it contains critical inaccuracies and clear violations of the Fair Credit Reporting Act ( FCRA ) and New York State laws. The current reporting is inaccurate, potentially misleading, and requires immediate correction. 
1. Inaccurate and Unverifiable Information Under 15 U.S. Code 1681e ( b ), you are required to ensure the maximum possible accuracy of reported data. The current status of this account as " in collection '' contains the following discrepancies : Lack of Verifiable Documentation : No evidence has been provided to confirm the validity and enforceability of this debt. Pursuant to 15 U.S. Code 1681s-2, you must either verify the accuracy of the reported information or delete it if verification is not possible. 
Contradictions in Reporting : The account is simultaneously reported as " charge-off '' and " in collection, '' which is inconsistent and violates FCRA guidelines for accurate reporting. 
2. Violations of Tax Laws and Applicable Regulations If this debt has been charged off, the IRS requires that it be reported as taxable income via the issuance of a Form 1099-C. The lack of this form suggests one of two scenarios : The debt was never officially cancelled, undermining its current classification. 
The debt can not legally remain in collection without clear documentation justifying such action. 
3. Compliance with New York State Laws Under New York State General Business Law 349, reporting inaccurate or misleading information constitutes a deceptive business practice that harms consumers. Additionally : The New York Debt Collection Procedures Act prohibits attempts to collect a debt without a valid basis or with inaccurate information. 
If you can not demonstrate that this debt is enforceable under New York law, the collection account must be immediately removed. 

CHARGE OFF : Formal Dispute of Charge-Off Reporting XXXX XXXX XXXX Account # XXXX Dear Sir or Madam, I am contacting you to formally dispute the inaccurate reporting of the above-referenced account as a " charge-off. '' After an exhaustive review of my records and applicable legal guidelines, I have identified serious issues with the accuracy and legality of this reporting, which appears to be in violation of the Fair Credit Reporting Act ( FCRA ), Fair Debt Collection Practices Act ( FDCPA ), and relevant New York State laws. 
1. Inconsistent and Potentially Misleading Reporting Under 15 U.S. Code 1681e ( b ), you are required to follow reasonable procedures to ensure the maximum possible accuracy of all consumer information you report. However, the classification of this account as a " charge-off '' is both inconsistent and misleading due to the following : Dual Status Reporting : The account is listed as " charged-off '' while remaining subject to collection activities. Such contradictory reporting creates confusion, misrepresents the status of the debt, and adversely impacts my credit profile. 
Failure to Provide Verification : Despite your legal obligations under 15 U.S. Code 1681s-2 ( b ), you have not provided adequate documentation to validate the alleged debt, its charge-off classification, or your authority to collect. 
2. Non-Compliance with IRS Tax Reporting Requirements A charge-off is generally recognized as a cancellation of debt event, which triggers mandatory tax reporting under IRS regulations . Specifically : Form 1099-C Requirement : As this debt has been classified as a charge-off, you are required to issue a Form 1099-C, as the IRS considers such debts to be forgiven for tax purposes. The absence of this form raises concerns about the legitimacy of the charge-off classification and any subsequent collection efforts. 
Unlawful Collection on a Charged-Off Debt : Attempting to collect a debt that has been written off without appropriate documentation constitutes a deceptive and potentially unlawful practice under the FDCPA and New York consumer protection laws. 
3. Violations of New York State Law Under New York General Business Law 349, any deceptive or misleading practices that harm consumers are strictly prohibited. Additionally, the New York Debt Collection Procedures Act prohibits the collection or reporting of debts without clear evidence of their validity and enforceability under state law. 
By inaccurately reporting this account as a charge-off and failing to provide proper verification or documentation, you have engaged in practices that may violate these state protections. 
Complete removal of the charge-off designation from all consumer credit reporting agencies ( XXXX, Experian, and XXXX ) XXXX 
Cessation of any collection activities until you provide adequate documentation supporting the validity of the debt, including : A copy of the original agreement or contract governing this account. 
A complete accounting of payments, interest, and fees that justifies the current balance. 
Evidence of compliance with IRS reporting requirements, including Form 1099-C.

Written confirmation of the resolution of this dispute within 15 calendar days. 

OUTDATED INFORMATION : Formal Dispute for Outdated Information XXXX XXXX XXXX Account # XXXX Dear Sir or Madam, I am writing to formally dispute the continued reporting of outdated information associated with the above-referenced account. After thoroughly reviewing my credit reports and applicable federal laws, I believe that this information is in violation of the Fair Credit Reporting Act ( FCRA ), particularly regarding the accuracy and timeliness of reported data. 
1. Outdated Information Beyond Permissible Reporting Period According to 15 U.S. Code 1681c ( a ), negative credit information, including charge-offs, collections, and other adverse account statuses, may not be reported for more than seven years from the original delinquency date. Upon reviewing my records, this account has exceeded the permissible reporting period and, therefore, must be removed immediately from my credit reports. 
Obligation to Remove Obsolete Data : Under 15 U.S. Code 1681c, the reporting of obsolete or outdated information constitutes a direct violation of the FCRA. 
2. Lack of Reasonable Procedures to Ensure Accuracy Under 15 U.S. Code 1681e ( b ), data furnishers and credit reporting agencies are required to implement reasonable procedures to ensure the maximum possible accuracy of the information reported. The continued reporting of this outdated account demonstrates a failure to adhere to these standards. 
3. Negative Impact of Inaccurate Reporting The inclusion of outdated and obsolete information on my credit report has caused undue harm to my creditworthiness, resulting in higher interest rates, denied credit applications, and significant financial stress. This directly violates my rights as outlined in the FCRA and may result in legal liability for damages. 

Immediate deletion of this outdated account information from my credit reports with all credit reporting agencies ( XXXX, Experian, and XXXX ). 
Written confirmation of the removal within 15 calendar days of receipt o HARD INQUIRIES : I am writing to formally dispute several unauthorized hard inquiries listed on my credit report and request that they be removed in accordance with the Fair Credit Reporting Act ( FCRA ) and applicable New York State consumer protection laws. Below are the details of the inquiries in question : XXXX XXXX - XXXX Date : XX/XX/XXXX XXXX XXXX - XXXX Date : XX/XX/XXXX XXXX XXXX - XXXX Date : XX/XX/XXXX XXXX XXXX XXXX Experian Date : XX/XX/XXXXXXXX XXXX XXXX XXXXXXXX XXXX Experian Date : XX/XX/XXXX XXXX. Unauthorized Hard Inquiries Under the FCRA, hard inquiries can only be made with my explicit consent or in certain circumstances, such as when I apply for credit or loans. After reviewing my records, I have no recollection of authorizing these inquiries, and therefore, I believe they are unauthorized. 

2. Violation of My Rights Under the FCRA The FCRA mandates that any inquiry listed on my credit report must be accompanied by my consent or a legal justification. As I did not authorize these inquiries, they have no legal basis and are considered a violation of my rights under the FCRA. 

3. Request for Immediate Removal In light of the above, I request the immediate removal of the following hard inquiries from my credit report as they were not authorized by me : XXXX XXXX ( XX/XX/XXXX - XXXX ) XXXX XXXX ( XX/XX/XXXX - XXXX ) XXXX XXXX ( XX/XX/XXXX - XXXX ) XXXX XXXX XXXX XX/XX/XXXX - Experian ) XXXX XXXX XXXX XXXX XX/XX/XXXX - Experian ) 4. Response Timeline According to the FCRA, you are required to investigate and resolve this dispute within 30 days. I kindly request a written response confirming the removal of the unauthorized inquiries and the correction of any associated errors. 

5. Potential Legal Action Should these inquiries not be removed within the required timeframe, I will be forced to consider other legal remedies, including filing a complaint with the Consumer Financial Protection Bureau ( CFPB ) and taking legal action for violations of the FCRA and consumer protection laws in New York XXXX. 

Outdated information : Dispute of Outdated Information - Request for Removal of XXXX XXXX XXXX Account # XXXX from Credit Report** I, XXXX XXXX XXXX XXXX never gave ( XXXX, Experian, or XXXX ) any verbal or written consent to report anything on my consumer report. No consent is Identity Theft. A copy of the law is attached with this dispute. 
I have not given you permission to access my credit profile and you have no permissible purpose by law to contact third parties with my private or personal information. Your offenses amount to Aggravated Identity Theft pursuant to 18 U.S.C. 1028A. You have knowingly transferred, possessed, or used, without lawful authority, a means of identification of me, which is a felony punishable with up to 2 years of imprisonment, in addition to civil liability. 
You also do not have any permissible purpose to furnish my personal information to any third party. 
15 USC 1681b Permissible purpose of consumer reports IN GENERAL Subject to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. 

As a consumer, I am demanding a deletion of the following account : XXXXXXXX XXXX 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