Consumer complaint received 2025-01-17 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: Experian Information Solutions Inc.
State: AZ

Complaint narrative:
CFPB c/o XXXX XXXX XXXX XXXX XXXX, XXXX, Iowa XXXX XXXX : Experian c/o General Counsel XXXX XXXX XXXX XXXX XXXX XXXX California XXXX XXXX XXXX XXXX c/o XXXX XXXX XXXX XXXX XXXX XXXX, Illinois XXXX XXXX c/o XXXX Counsel XXXX XXXX XXXX, XXXX. 
XXXX, GA XXXX Subject : Complaint Regarding Fraudulent and Inaccurate Credit Reporting by XXXX, XXXX, and Experian To Whom It May Concern, I am filing this complaint to address fraudulent and inaccurate reporting by XXXX, XXXX, and Experian. These inaccuracies violate my rights under the Fair Credit Reporting Act ( FCRA ) and related federal statutes, including but not limited to : 15 U.S.C. 1681 ( Protection of consumer rights in credit reporting ) 15 U.S.C. 1681b ( Permissible purposes for furnishing consumer reports ) 15 U.S.C. 1681e ( Compliance procedures for ensuring accuracy of reports ) 15 U.S.C. 68016805 ( Privacy and safeguarding of consumer information ) As a federally protected consumer, I have exercised my right to opt out of any authorization, whether explicit or implied, verbal or nonverbal, for negative or fraudulent reporting of my accounts. This opt-out is consistent with 16 CFR 313.7 and the Privacy Act of 1974. 

Despite this, the XXXX XXXX XXXX continue to report resolved accounts as outstanding debts, constituting a direct violation of the law. Attached to this complaint are IRS Forms 1099-C submitted, which confirm that the debts were canceled and should have been processed with IRS Forms 1099-OID, 1096, and 1040-V. 

Moreover, under federal law, charge-offs are recognized as certificates of indebtedness and classified as income. These amounts can not legally be reported as debts. This position has been upheld in XXXX South Dakota XXXX. v. Washington, XXXX XXXX XXXX ( XXXX  XXXX ), where the court found that canceled debts, properly documented with IRS forms, are no longer enforceable or reportable as liabilities. 

The continued reporting of these accounts for XXXX, when they were resolved in XXXX, is both inaccurate and unlawful. This is a clear violation of XXXX5 U.S.C. 1681e ( b ), which requires XXXX XXXX XXXX to ensure the maximum possible accuracy of consumer information. Courts have consistently ruled in favor of consumers when inaccuracies cause harm, as seen in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ), where the court held that failure to follow reasonable procedures to ensure accuracy constitutes a violation of the FCRA. 

Further, in XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ), the court emphasized the importance of investigating disputed information. The XXXX XXXX XXXX failure to correct these inaccuracies violates this obligation, exacerbating the harm caused by their negligence. 

The companies providing data to the XXXX XXXX XXXX also bear responsibility under 15 U.S.C. 1681s-2 ( b ) to investigate disputes and correct inaccuracies. The ongoing misreporting demonstrates a disregard for these statutory duties. 

I respectfully request the Consumer Financial Protection Bureau ( CFPB ) to : 1. Investigate these violations of the FCRA and related statutes. 
2. Compel the XXXX XXXX XXXX to correct the inaccuracies immediately. 
XXXX. Impose any necessary sanctions to prevent future violations. 

The harm caused by these inaccuracies is significant, and I trust the CFPB will enforce the statutes and case law that protect consumer rights. 

Thank you for your prompt attention to this matter. 

Sincerely, XXXX 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