Consumer complaint received 2025-03-04 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: GA

Complaint narrative:
I am filing this formal complaint against Experian and XXXX XXXX XXXX XXXX ( XXXX  ) for violating federal laws concerning the inaccurate reporting of a charged-off account and failure to issue a 1099-C Cancellation of Debt form. The account was sold to a debt collection agency, yet XXXX continues to report it inaccurately, harming my credit profile. 
Additionally, I have provided proof that the debt has been sold and is reporting inaccurately on my credit file and demand prompt removal as this is a violation.

Violations Committed : 1. Failure to Issue a 1099-C Violation of 26 U.S.C. 6050P According to 26 U.S.C. 6050P, creditors who cancel or discharge debts of {$600.00} or more are required to issue a 1099-C form. XXXX has failed to provide this form, suggesting that the debt has not been legally forgiven while simultaneously reporting it as a charge-off.

2. Fair Credit Reporting Act ( FCRA ) Violations 15 U.S.C. 1681 et seq.

15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) : Creditors must report accurate information. The continued reporting of a charged-off account, despite its sale to a third-party collector, is false and misleading.

15 U.S.C. 1681s-2 ( b ) : Upon dispute, credit bureaus must investigate and correct inaccurate data. Experian has failed to do so.

15 U.S.C. 1681e ( b ) : Credit bureaus must maintain maximum possible accuracy. The current reporting of the account as a charge-off without reflecting the sale to a third-party collector is a violation of this obligation.

3. Fair Debt Collection Practices Act ( FDCPA ) Violations 15 U.S.C. 1692 et seq.

15 U.S.C. 1692e ( 8 ) : Creditors and collectors must not report false or misleading information. XXXX and the debt collector can not both claim ownership of the same debt in different ways, which creates confusion and misinformation. 


Requested Action : 1. Immediate removal of the XXXX charge-off from my credit report. 

2. Verification of a 1099-C filingif none exists, the charge-off should not be legally reported.

3. Correction of all reporting inaccuracies regarding the ownership and balance of the account.

4. Investigation and enforcement action against XXXX and Experian for violations of FCRA, FDCPA, and IRS reporting laws. 


Legal Consequences for Noncompliance : Failure to address these violations within 15 days will result in a lawsuit against Experian and XXXX for willful noncompliance under 15 U.S.C. 1681n, which allows for statutory and punitive damages. I will also escalate this matter by filing complaints with the Federal Trade Commission ( FTC ) and my state Attorney Generals office.

Please provide a written response detailing the actions taken to resolve this matter. Thank you for your prompt attention. 


Sincerely, 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