Consumer complaint received 2025-06-07 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: EQUIFAX, INC.
State: FL

Complaint narrative:
This is a formal legal complaint against XXXX XXXX XXXX XXXX ( XXXX ) for knowingly and willfully misreporting a charged-off personal loan account in violation of multiple federal statutes. As of XX/XX/year>, XXXX is reporting the account status as : Account charged off. {$2900.00} written off. XXXX is reporting the status as : Charged off as bad debt, with the comment profit and loss write off. All accounts are also marked as closed. Simultaneously, the reported balances are {$4300.00} with XXXX {$4400.00} with Equifax, and {$4400.00} with XXXX despite the notation that {$2900.00} has been written off. This materially inconsistent reporting violates the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681e ( b ), for failure to ensure maximum possible accuracy ; 1681s-2 ( a ) ( 1 ) ( A ), for furnishing false, incomplete, or misleading data ; 1681s-2 ( b ) ( 1 ) ( B ) - ( D ), for failing to reasonably investigate and correct errors upon dispute ; and 1681i ( a ), for failure to reinvestigate. Reporting an account as closed, while simultaneously reflecting an active unpaid balance and a charge-off/write-off status, is deceptive and misrepresents the legal state of the debt, violating FDCPA 1692e ( 2 ) ( A ), 1692f ( 1 ), and CFPB UDAAP provisions under 12 U.S.C. 5531. The profit and loss write off comment implies the debt was internally written off for tax purposes. Under IRS 26 U.S. Code 6050P, any creditor discharging {$600.00} or more is legally obligated to issue IRS Form 1099-C to the borrower and file it with the IRS. As of this complaint date, I have not received a 1099-C. If one was filed, continued credit reporting is unlawful and deceptive under FCRA 1681s-2 ( b ) ; if none was filed, XXXX is misrepresenting the write-off and may be in violation of IRS regulations, subject to 18 U.S.C. 1001 for knowingly concealing federally required information. XXXX has not supplied any reconciliation of the {$2900.00} write-off, nor has it corrected the balance discrepancies across bureaus. Continued reporting of inflated or irreconcilable balances without acknowledging the write-off or issuing a 1099-C demonstrates not only a lack of FCRA compliance but also an attempt to preserve collection leverage through deceptive reporting. I demand the immediate and permanent deletion of this tradeline from all credit reporting agenciesXXXX, Equifax, and XXXX the following reasons : ( 1 ) Conflicting balance and status reporting ; ( 2 ) Misrepresentation of write-off and legal debt status ; ( 3 ) Non-issuance of Form 1099-C ; ( 4 ) Misleading closed designation with active debt representation ; and ( 5 ) Violations of FCRA 1681e, 1681s-2, 1681i ; FDCPA 1692e, 1692f ; IRS 6050P ; CFPB UDAAP rules ; and potentially 18 U.S.C. 1001. I also request written confirmation of deletion and assurance that this account will not be re-reported, reassigned, or sold. Failure to correct this immediately will result in additional regulatory complaints and pursuit of statutory damages under FCRA 1681n, 1681o and FDCPA 1692k.

Company response to consumer: Closed with non-monetary relief