Consumer complaint received 2024-11-04 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: Experian Information Solutions Inc.
State: NY

Complaint narrative:
To Whom It May Concern, Subject : Formal Complaint Against XXXX XXXX XXXX XXXX for Violations of Federal Laws I am filing a formal complaint against XXXX XXXX XXXX XXXX for egregious violations of the Fair Credit Reporting Act ( FCRA ), Code of Federal Regulations ( CFR ), and the Privacy Act of 1974. These violations pertain to the unauthorized disclosure of my nonpublic personal information to non-affiliated third parties without proper notice or consent, a clear breach of privacy regulations outlined in the aforementioned laws. 
Violations of Law : XXXX XXXX XXXX XXXX is in violation of multiple laws set forth by Congress regarding the following Account # [ XXXX ].

Consumer Reporting Violations:15 U.S. Code 1681a ( 2 ) ( A ) ( i ) states that a consumer report does not include information solely regarding transactions or experiences ( payment history, charge-off status ) between the consumer ( myself ) and the person ( Grain Technology, Inc ) making the report.

Inaccurate Information Reporting:15 U.S. Code 1681s-2 ( a ) ( 1 ) ( A ) states that a person ( Grain Technology, Inc ) shall not furnish any information relating to a consumer ( myself ) to any consumer reporting agency ( e.g., [ XXXX ] ) if the person knows or has reasonable cause to believe that the information is inaccurate.

Discharged Debt : Grain Technology, Inc can not collect on a discharged debt, which 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 ; therefore, income does not get reported on the consumer report, making the reporting of this account inaccurate. I provided a screenshot from the IRS website confirming this definition.

1099-C Requirement : I never received a 1099-C from Grain Technology, Inc for the cancelled debt of [ {$980.00} ] to file as ordinary income. Where is my 1099-C? Grain Technology , Inc is clearly writing off debt with the IRS without sending out the 1099-C as required for debts greater than [ {$600.00} ].

Unfair Competition and Reporting Violations : Grain Technology , Inc is in clear violation of 15 U.S.C. 45 for unfair methods of competition for failing to update the records after receiving the full balance of the debt in accordance with the Electronic Funds Transfer Act, as well as their acts of securities fraud and tax evasion, which I intend to report using IRS form 3949A.

Consent for Reporting : The above-listed credit reporting agencies are in violation of 15 U.S.C. 1681 sec 604a section 2, as it states that a consumer reporting agency can not furnish an account without my written instruction. I did NOT give consent or written instruction to report the Grain Technology , Inc account and supporting nonpublic personal information such as the transaction history and balance.

Notice of Incorrect Information : Grain Technology , Inc has been hereby put on notice that they are furnishing incorrect and inaccurate information. In their terms and conditions, they agreed not to share my information with non-affiliates. [ XXXX ] is not an affiliate of Grain Technology , Inc nor are they bureaus. The only true credit bureau is the CFPB, and they do not furnish consumer reports as stated in federal law.

Privacy and Opt-Out Notice : I have a right to privacy, and per the Privacy Act of 1974 as a federally protected consumer, I am now revoking any and all authorization I may have given, whether written, non-written, verbal, or non-verbal per 5 U.S. Code 552a. Per the FCRA, as a federally protected consumer, I am now opting out of any and all authorization I may have given, whether written, non-written, verbal, or non-verbal per 15 USC 6802.

Furnishers of Information Duties : I would also like to point out their responsibility pursuant to 15 U.S. Code 1681s-2 ( a ) ( 1 ) ( B ) ( ii ), which states that a person shall not furnish information relating to a consumer to any consumer reporting agency if : ( i ) the person has been notified by the consumer, at the address specified for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate.

Demand for Action : Grain Technology , Inc must also refund the remaining balance of the consumer account upon its termination. This is your 7-day notice to return all money due from this consumer account.

Per 12 CFR 1026.11 regarding the treatment of credit balances and account termination : When a credit balance in excess of [ {$1.00} ] is created, the creditor shall refund any part of the remaining credit balance within XXXX business days from receipt of a written request from the consumer. 
A creditor must make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account any part of the credit balance remaining in the account for more than XXXX months. 
I request the Consumer Financial Protection Bureau to take swift action against Grain Technology , Inc to ensure compliance with the laws and regulations outlined above. Your intervention is crucial to rectify this situation promptly and hold the institution accountable for their unlawful actions.

Enclosed are supporting documents detailing the violations and their impact on my financial and emotional well-being.

I appreciate your attention to this matter and await your prompt action.

Sincerely, company : Grain Technology , Inc

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