Consumer complaint received 2024-09-23 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC.
State: TN

Complaint narrative:
My account with XXXX XXXX XXXX XXXX was charged off in XX/XX/XXXX. Since then, this account has been repeatedly updated every month, despite its charged-off status. The payment history continues to reflect active updates, which is inaccurate. A charged-off account should not include an active payment history, as this falsely manipulates the statute of limitations. XXXX XXXX XXXX XXXX has failed to accurately investigate and update this account, violating my rights under the Fair Credit Reporting Act ( FCRA ). 

The IRS Publication 4681 clearly defines that unpaid charged-off debt is considered income, and under the FCRA, income can not be reported on a credit report. This makes the continued reporting of this account as active debt inaccurate. Account number XXXX XXXX XXXX XXXX XXXX. 

Furthermore, TransUnion has consistently reported incorrect information regarding a fraudulent bankruptcy on my credit file. 
Case Information : XXXX XXXXXXXX XXXX XXXX Case Number : XXXX Date Filed : XX/XX/XXXX XXXX violation-XXXX XXXX XXXX XXXX  account XXXX - 12 CFR 621.5 ( c ), once a loan is determined uncollectible, it must be charged off, and there should not be any ongoing payment history updates. This erroneous reporting manipulates the statute of limitations. The failure to accurately investigate my account violates my rights under the Fair Credit Reporting Act ( FCRA ), and I formally demand the deletion of this account.

26 CFR 1.6050P-1 ( b ) ( 2 ), when a debt is charged off and exceeds {$600.00}, a 1099-C Cancellation of Debt must be issued by the creditor.

The IRS Publication 4681 clearly defines that unpaid charged-off debt is considered income, and under the FCRA, income can not be reported on a credit report. This makes the continued reporting of this account as active debt inaccurate.

National Consumer Law Center guidelines, a charge-off indicates a loss to the creditor, yet the debt remains. The ongoing payment updates are in direct violation of the law, as once a debt is charged off, it is no longer considered active.

2nd violation by TransUion - Despite providing an FTC Identity Theft report, a letter from the XXXX XXXX Bankruptcy XXXX XXXX, and a police report in prior disputes, TransUnion has failed to remove this inaccurate information, unlike other credit bureaus. TransUnions failure to remove this fraudulent bankruptcy account is a clear violation of identity theft laws, including the Fair Credit Reporting Act ( FCRA ) and the Identity Theft and Assumption Deterrence Act. By continuing to report this incorrect information, TransUnion has knowingly allowed the identity theft to harm my credit and has failed to take reasonable steps to rectify the situation. Additionally, they have not provided the requested documentation to verify the accuracy of this information.

FCRA, Section 611, paragraph ( 6 ) ( B ) ( iii ). Only the Bankruptcy Court should be the furnisher of bankruptcy information, not a third-party source.

15 U.S. Code 6802 ( a ) Notice Requirements : Financial institutions may not disclose nonpublic personal information to nonaffiliated third parties without providing notice to the consumer.

15 U.S. Code 6802 ( b ) Opt-Out Option : Financial institutions must offer the consumer the ability to opt out before sharing nonpublic personal information with third parties.

Additionally, 15 U.S. Code 6802, which falls under the Privacy Protection Act, stipulates that a financial institution may not disclose nonpublic personal information to nonaffiliated third parties without first providing clear and conspicuous notice to the consumer.

FCRA, Section 609 ( a ) ( 2 ). Additionally, under 1022.41 ( c ), it is imperative that the consumer reporting agency ensure the accuracy of the information being reported. Failing to provide proper verification violates my rights under these regulations.

TransUnion reinvestigations of disputes is not following fcra guidelines in communication, responding back to consumers within specified time frames. TransUnion profit from sharing consumers information and keeping consumers in a low credit range. My Privacy Protection Act rights is being violated by TransUnion and must stop immediately. It is a crime. Please delete the following : XXXX XXXX XXXX XXXX Account - XXXX, also delete bankruptcy fraudulent filed in my name using my personal information XXXX XXXX XXXXXXXX XXXX Case Number : XXXX Date Filed : XX/XX/XXXX Name : XXXX XXXX Added : XXXX XXXX XXXX, XXXX, TN XXXX D.O.B. : XX/XX/XXXX SSN last XXXX digits : XXXX Drivers License : TN 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 non-monetary relief