Consumer complaint received 2024-12-02 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: EQUIFAX, INC.
State: FL

Complaint narrative:
I am writing to formally dispute the accuracy of a debt reported on my credit file under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., and related consumer protection laws. The account in question, ( XXXX & # XXXX, is listed as " charged off, '' but I have not received a Form 1099-C, which is required when a creditor cancels or discharges {$600.00} or more of indebtedness under the Internal Revenue Code ( IRC ), Title 26, 6050P. This reporting is causing significant damage to my credit profile and adversely affecting my ability to secure credit.

Additionally, no Form 1099-C has been issued to me as required under federal tax law when a debt is canceled or discharged. The continued inclusion of this account on my credit report violates multiple federal and state laws, including but not limited to the Fair Credit Reporting Act ( FCRA ), Fair Debt Collection Practices Act ( FDCPA ), Truth in Lending Act ( TILA ), Internal Revenue Code ( IRC ), and Florida state consumer protection laws. I am requesting immediate correction or removal of this account and a detailed explanation of your investigation into this matter. The reporting of this debt as " charged off '' without a corresponding Form 1099-C raises serious concerns about its accuracy, completeness, and compliance with federal law : Violations of Federal Law Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq.

Under 15 U.S.C. 1681e ( b ), credit reporting agencies are required to maintain maximum possible accuracy in credit reports. The continued reporting of a " charged-off '' debt without clear evidence of its status, including the absence of a Form 1099-C, renders the information inaccurate and incomplete.

The failure to properly investigate disputes violates 15 U.S.C. 1681i.

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

If this debt is being managed or reported by a third-party debt collector, the mischaracterization of the debt as " charged off '' while still attempting to collect or report it could violate 15 U.S.C. 1692e ( 2 ) ( A ) ( false representation of the character or amount of debt ) and 15 U.S.C. 1692f ( unfair practices ).

Truth in Lending Act ( TILA ), 15 U.S.C. 1601 et seq.

Creditors are required to make truthful and clear disclosures about debt terms. Misrepresenting a debts status on a credit report, while failing to issue a 1099-C to clarify its discharge, is deceptive and violates TILAs transparency requirements.

I did not receive proper notice of the charge-off as required by creditor disclosure obligations.

I dispute the validity of the charge-off, and the creditor has failed to provide adequate verification or explanation.

I was not notified that the account was being charged off.

I did not receive any explanation of how the charge-off would affect my rights or obligations under the original credit agreement.

Internal Revenue Code, Title 26, 6050P Creditors must issue a Form 1099-C when {$600.00} or more of a debt is canceled or discharged. The lack of such documentation raises questions about whether the debt has truly been " charged off '' or remains collectible.

Florida Deceptive and Unfair Trade Practices Act ( FDUTPA ), Fla. Stat. 501.201 et seq.

Florida law prohibits deceptive and unfair practices that harm consumers. Reporting inaccurate debt information, which undermines a consumers ability to access credit, constitutes a violation of FDUTPA.

Additional Harm and Violations Reporting a " charged-off '' account that continues to impact my creditworthiness amounts to a constructive denial of fair access to credit, which is a violation of public policy under the FCRA and the Equal Credit Opportunity Act ( ECOA ), 15 U.S.C. 1691.

The inclusion of inaccurate information causes irreparable harm to my credit score, directly affecting my ability to obtain loans, mortgages, or other financial opportunities, a situation exacerbated by the lack of clarity regarding the account 's legal status. 

Legal Precedents Several federal and Supreme Court cases underscore the legal principles relevant to this dispute : XXXX XXXX. XXXX of XXXX. XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : Confirmed that willful violations of the FCRA include reckless disregard for the laws requirements, such as reporting incomplete or misleading credit information. 

XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX ( XXXX ) : Highlighted the importance of accuracy in credit reporting and clarified that erroneous reporting causing material harm is actionable. 

XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : Stressed the need for accuracy in reporting under the FCRA and recognized the tangible harm caused by inaccuracies in credit reports. 

XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX ( XXXX ) : Discussed the obligations of creditors and debt XXXX in managing and reporting debt accurately. 

XXXX v. XXXX Fed. XXXX. Bank, XXXX XXXX XXXX ( XXXX Cir. XXXX ) : Reinforced the FCRAs requirement that furnishers of credit information must investigate disputes thoroughly. 

XXXX v. XXXX & XXXX, XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) : Affirmed that inaccurate reporting and failure to correct disputed information violates the FCRA. 

XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXX Ohio XXXX ) : Established that reporting inaccurate debt information can violate the FCRA if it causes consumer harm. 

XXXX XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX XXXX XXXX. XXXX XXXX ( XXXX. XXXX XXXX ) : Reinforced the FCRAs accuracy requirements and held that credit reporting agencies must thoroughly investigate disputes. 

XXXX v. XXXX XXXX, XXXX XXXX XXXX. XXXX ( XXXX ) : Confirmed that inaccurate and incomplete disclosures related to consumer credit can constitute a violation of consumer protection statutes. 

FTC XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : Clarified that deceptive practices related to consumer credit reporting can violate broader consumer protection principles. 

Request for Immediate Action Under the FCRA ( 15 U.S.C. 1681i ), I request that [ Credit Bureau Name ] conduct an immediate investigation into this account. Specifically, I request the following actions : Verify whether the creditor has issued a Form 1099-C for this account and request a copy of the documentation.

Delete this entry from my credit file if ANY of the following are found/not found : No 1099-C has been issued, inaccuracies, incomplete reporting are found, Proof of service of the disclosure for Charge Off required under TILA Proof of service of the notification that the account was being charged off.

Notice of Intent to Escalate Failure to resolve this matter satisfactorily will leave me no choice but to escalate my dispute. This may include filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), the Florida Attorney Generals Office, and the IRS. I may also explore my legal remedies under the FCRA, FDCPA, TILA, and FDUTPA.

I expect a written response within 30 days as required by the FCRA, detailing the results of your investigation and the steps taken to address this dispute. Thank you for your prompt attention to this matter.

Company response to consumer: Closed with non-monetary relief