Consumer complaint received 2024-12-12 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: Experian Information Solutions Inc.
State: DE

Complaint narrative:
Dear CFPB, I am writing to dispute the reporting of an account by Experian Credit Bureau that is a direct violation of the Fair Credit Reporting Act ( FCRA ) as mandated by Congress. 

Under the Fair Debt Collection Practices Act ( FDCPA ), I have the right to dispute any inaccuracies in my credit report. The case of *Morris v. AFS & Associates , Inc.* XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX ) established that consumers have the ability to challenge the legitimacy of debt accounts that are not accurately reported. In my situation, the charge-off listed on my report does not accurately represent my current obligations. 

Additionally, according to the Fair Credit Reporting Act ( FCRA ), information that is inaccurate, incomplete, or can not be verified must be removed from consumer reports. 

The account in question are XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX, account ending in XXXX The account is listed as charged off and in collections on my credit report, which In fact is inaccurate and misleading. 

According to 26 CFR 1.6050P-1, any applicable entity that discharges an indebtedness must file an information return on Form 1099-C with the Internal Revenue Service when certain criteria are met. Specifically, I have enclosed copies of Form 1099-C that were issued to me by the creditor, indicating that the debt associated with these account has been canceled or forgiven and additionally reflecting a zero balance in the section titled : Fair Market Value .The documents 1099c is the physical proof of my claim The issuance of a Form 1099-C is considered prima facie evidence that the debt has been discharged by the creditor, as established in case law such as XXXX XXXX XXXXXXXX XXXX ( XXXX XXXX XXXX XXXX XXXX, XX/XX/XXXX ) and XXXXXXXX XXXX  XXXX XXXX ( XXXX XXXX XXXX, XXXX XXXX XXXX ( App. XXXX ) ). It would be inequitable to allow the creditor to then subsequently attempt to enforce the same debt after receiving the tax benefit of the " charge-off. '' This is illegal and reporting the status as such IS ERRONEOUS. 

Despite the issuance of the Form 1099-C, Experian Credit Bureau continues to report this account as charged off, which is inaccurate and misleading. This reporting is in direct violation of the FCRA, which mandates that credit reporting agencies must follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates, as stated in 15 U.S. Code 1681e ( b ).

I hereby request that Experian Credit Bureau promptly update its records to reflect that this account has been paid in full and have a balance of {$0.00}, in accordance with the evidence provided by the Form 1099-C. Failure to do so would constitute a violation of the FCRA. 

Thank you for your attention to this matter. I look forward to your prompt resolution of this issue.

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