Consumer complaint received 2024-12-06 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: PA

Complaint narrative:
Certified Mail # XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX OCCUPANT TO OFFICE OF XX/XX/XXXX Beneficial Equitable Title Holder to Surety XXXX XXXX XXXX XXXX c/o XXXX XXXX XXXX XXXX XXXX Pennsylvania near [ XXXX ] TO XXXX XXXX XXXX Customer Service XXXX XXXX XXXX XXXX XXXX XXXX TX XXXX Copy to XXXX XXXX XXXX XXXX c/o CT XXXX XXXX XXXX XXXX XXXX XXXX New York XXXX New York XXXX Formal Notice of Claim and Dispute of Billing Error Notice To Agent Is Notice Principal Notice To Principal Is Notice To Agent This Dispute Letter serves as a my formal complaint to XXXX XXXX for credit card # ending in XXXX, because you are reporting inaccurate credit account information to Experian and XXXX XXXX Please take notice that you should have known that I was not late with any of my payments on this account but that I am absolutely positive that these accounts are purely mine for use in update of the receivables and payables ledger. Your records should indicate that I may open these accounts, and administrate all claims, including but not limited to those where your company claims to have VERIFIED accounts belonging to me without your liability and proof of claim. That is my simple reasoning for this communication of my right to counterclaim and demand proof of registration for the use of my property under false pretenses, including but not limited to false credit reporting and theft of my identity!!! 
Per the FCRA as a federally protected consumer, I am now opting out any and all authorization, I the consumer may have given you, written, unwritten, verbal and non-verbal, per ( 5 USC 552a ). Per the FCRA, I am now opting out any and all authorization, I the consumer may have given you, written, unwritten, verbal and non-verbal, per ( 15 USC 6802 ) Obligations with respect to disclosures of personal information. Also under 12 cfr subsection 1016.7 states that A consumer may exercise the right to opt out at any time. I am opting out of your reporting services. The PRIVACY ACT of 1974 as federally protected consumer I am now revoking any and all authorization I consumer may have given you written, non- written, verbal, and nonverbal per 5 USC 552a. ( 15 USC 1611 ) Criminal liability for XXXX Mail # XXXX XXXX XXXX XXXX XXXX XXXX knowing and willful violations. ( 15 USC 1681 ) Accuracy and fairness of credit reporting. 15 USC 1681a ( 2 ) ( a ) ( i ) states that the consumer report does not include information solely as to transactions or experiences ( payment history, charge offs status ), between the consumer ( myself ) and the Company XXXX XXXX who is making the report. ( IT IS ILLEGAL TO REPORT TRANSACTION HISTORY. ) Also refer to Exceptions to the notice and opt-out requirements that apply when an entity uses eligibility information in certain ways, as described later in these procedures. Eligibility information ( 12 CFR 1022.20 ( b ) ( 3 ) ) includes not only transaction and experience information, but also the type of information found in consumer reports, such as information from third-party sources and credit scores.

Eligibility information does not include aggregate or blind data that does not contain personal identifiers such as account numbers, names, or addresses. ( 15 USC 6801 ) Protection of nonpublic personal information : It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers non-public information. ( XXXX XXXX ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that In general Subject to section ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. ( XXXX XXXX ) the financial institution and the reporting agencies Experian XXXX do not have any consent to furnish this inaccurate information and they surely do not have my written consent. Any and all consent to XXXX, and Experian, ( XXXX XXXX ) whether it be verbal, non-verbal, written, implied, or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that a A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that non disclosure option. 
( XXXX XXXX ) never informed me of my rights to exercise my non disclosure option. Not only that but 15 USC 1681C ( a ) ( 5 ) states Except provided as authorized under subsection ( b ), no consumer reporting may make any consumer report containing any of the following items of information, any other adverse item of information, other than records convictions of crimes which antedates the report by more than 7 years. This account is an adverse item they are reporting again without my permission which is against the law. 15 USC subsection 1681s-2 ( A ) ( 1 ) A states A person shall not furnish any information relating to a consumer to any consumer agency if the person knows or has a reasonable cause to believe that the information is inaccurate. XXXX XXXX can not collect on a discharge debt. This is now considered a certificate of indebtedness per the IRS and income can not be reported. 
The IRS clearly defines a charge off as Gross or Ordinary Income. Income does not get reported on the consumer report which in fact makes reporting of this account inaccurate! By Definition the IRS clearly says a canceled debt or charge off is income. The reporting that this account is a debt is inaccurate. I never received a 1099C from XXXX XXXX for canceled debt of ( {$1300.00} ) in order to file as ordinary income. Where is my 1099-C, XXXX XXXX XXXX XXXX writing off debt with the IRS without sending out 1099-C, as required by the IRS for debts greater than ( {$600.00} ). This is Unsatisfactory, ( 15 USC subsection 1681e ) states Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. Experian and XXXX are not maintaining reasonable procedures because I as the consumer is being adversely affected due to the adverse reporting. ( 15 USC 6802 ) Obligations with respect to Disclosures of Personal Information. ( 15 UC 6805 ) Certified Mail # XXXX XXXX XXXX XXXX XXXX XXXX The enforcement of the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, The FEDERAL Function Regulator, STATE Insurance , and The FEDERAL Trade COMMISSION with respect to financial institutions and other persons subject to their jurisdiction under applicable law. Also please take notice that I have a right to challenge all inaccurate information that you are adversely reporting and a right to claims and defenses based on your unfair and deceptive acts and damage you have cause me according to ( 16 CFR 433.2 ) Preservation of consumers claims and defense, unfair or deceptive acts or practices. Also refer to ( 16 CFR 433.3 ) Exemption of Sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX1st 1977 from requirements of 433.2 ( a ) and ( 16 CFR 313 ) Privacy of XXXX XXXX XXXX. 
FCRA 623 ( a ) ( 7 ) Negative Information ( A ) Notice to Consumer Required ( 1 ) In general. If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a reporting agency described in section 603 furnishes negative information to such an agency regarding credit extended to a customer, the financial intimation shall provide a notice of such furnishing of negative, in writing, to the customer.

( 2 ) Notice effective for subsequent submissions. After providing such notice, the financial institution may submit additional negative information to a costumer reporting agency described in section 603 with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer. 
( B ) Time of Notice ( 1 ) In general. The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishes the negative information to a consumer reporting agency described in section 603 ( p ) ( 2 ) Coordination with new account disclosures. If the notice is provided to the customer prior to furnishing the negative information to a consumer reporting agency, the notice may not be included in the initial disclosure provided under section 127 ( a ) of the Truth in Lending Act. I have done my own investigation and have researched numerous legal cases in which other consumers were victims of the same things that I am now experiencing, and the courts have ruled each and every time that the credit reporting agency could not merely parrot information from creditors and/or collections agencies. You are required to conduct your own independent reasonable investigations to ensure the validity of the debt and the honesty, and integrity of the creditor and/or collection agency in question. Sending out a generic form through the e-Oscar system that does not even contain my reasons for the dispute is not reasonable. 
Policy states.. 
According to the FAIR CREDIT REPORTING ACT FCRA XXXX ( XXXX U.S.C. XXXX ), Procedure In Case of Disputed Accuracy Certified Mail # XXXX XXXX XXXX XXXX XXXX XXXX ( a ) Reinvestigation of Disputed Information ( 1 ) Reinvestigation Required ( a ) In general, Subject to Subsection ( f ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice if the dispute from the consumer or reseller.

Therefore, my position is being clearly stated, these accounts that belong to me, must report accurate account payment information within my credit file. Please do not delete my history or credit file but delete all closed accounts that are negatively affecting my report and report this credit card account as paid as agreed and I request you to bring my utilization rate to 0. The facts that negatively affect my credit profile are adverse account information which means that you, Experian and XXXX credit-reporting agencies, are the source of reporting which is adverse to the rights of the consumer. 
Please take note that this consumer credit transaction, credit card account ending in 51007 that you are reporting are not fair or equitable to me as the consumer according to Congressional findings and statement of purposes in 15 U.S.C 1681 ( b ) Reasonable procedures and Permissible purposes of consumer reports 15 U.S.C 1681b. I will be forced to sue in a court of law if these accounts are not updated within 30 days. The adverse style of reporting of collections, charge offs and inquiries are a result of your agencys intention to induce me to fraud meant to damage the consumer, wherein you have implicated yourself as an accomplice to the victimization of the consumer. 
Sincerely, XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX UCC 1-308 All Rights Reserved JURAT This document is executed under penalty of perjury ; in nature of 28 U.SC. subsection 1746 ( 1 ) ] expressly without UNITED STATES, [ i.e. 28U.S.C. subsection 3002 ( 15 ) ( A ) ; U.C.C. 9-307 ( h ) ; U.S.C.A. Const. Art.

1:8:17- 18 ] Administered by a commissioned officer, i.e., Notary Public in accordance who is also acknowledging same [ in accordance Fed.R.Evid. 902 ( 1 ) ( B ) ]. 
Certified Mail # XXXX XXXX XXXX XXXX XXXX XXXX XXXX to : Office of COMPTROLLER OF THE CURRENCY DEPARTMENT OF THE TREASURYXXXX XXXX XXXX XXXX, Comptroller, Administrator of National Banks Washington DC XXXX XXXX XXXX, ATTORNEY GENERAL XXXX United States of America/U.S. DEPARTMENT OF JUSTICE XXXX XXXX XXXX XXXX XXXX Washington XXXX DC XXXX POSTMASTER GENERAL U, S, Postal Service/ XXXX XXXX XXXX L XXXX XXXX, XXXX Washington DC XXXX XXXX CRIMINAL INVESTIGATIONS SERVICE CENTER U.S. Postal Service, MAIL FRAUD XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IL. XXXX INTERNAL REVENUE SERVICE CRIMINAL INVESTIGATION DIVISION/111 XXXX XXXX, Room XXXX Washington, DC XXXX XXXX XXXX XXXX XXXX XXXX XXXX Attorney General Office/ Strawberr

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