Consumer complaint received 2025-02-20 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Experian Information Solutions Inc.
State: NY

Complaint narrative:
Late Payment Account # XXXX Account # XXXX Account # XXXX Tracking # XXXX Notice to Agent is notice to principal notice to principal is notice to agent. 

I have received a copy on my consumer reports and I notice you have furnished transactions on my consumer report that are excluded by law as per the FCRA 15 USC 1681a 2Ai.

( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; A consumer 's transactions are excluded from the consumer reports. FICO and or any other Risk score or algorithm that you use to calculate a consumer 's credit score is not a factor where the consumer report is concerned! Definition of what the consumer report means.

consumer report 1. In general. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.

FICO or none of its factors are not defined or included in the definition of the consumer report! Therefore the reporting of transactions between the consumer XXXX XXXX and the Person XXXX XXXX XXXX XXXX XXXX a violation of 15 USC 1681a the definition of the consumer report does not include FICO or Vantage which makes their factors or algorithm not a factor where the consumer report is concerned. 

You have furnished transaction information on the following accounts. 
XXXX Account # XXXX XXXX  Account # XXXX XXXX XXXX Account # XXXX XXXX XXXX XXXX XXXXXXXX XXXXhas charged fraudulent late fees and inserted late payments on XXXX consumer report. All payments were made on time, all payments were exact and all payments were made on their respective due date. 

CFPB XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX for XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX XXXX XXXXXXXX will pay more than {$100.00} million to harmed consumers, and {$150.00} million in penalties to CFPB and Office of the Comptroller of the Currency XX/XX/year> XXXX XXXX XXXXXXXX harmed hundreds of thousands of consumers over a period of several years and across multiple product lines and services. SpecificallyXXXX XXXX XXXX XXXXXXXX : XXXX a double-dipping scheme to harvest junk fees : XXXX XXXX XXXXXXXX had a policy of charging customers {$35.00} after the bank declined a transaction because the customer did not have enough funds in their account. The CFPBs investigation found that XXXX XXXX  XXXX double-dipped by allowing fees to be repeatedly charged for the same transaction. Over a period of multiple yearsXXXX XXXX XXXX XXXX generated substantial additional revenue by illegally charging multiple {$35.00} fees. 

My account with XXXX XXXX XXXXXXXX XXXX XXXX never late! This was clearly a billing error, and a double dipping scheme. This act is shameful. It has caused severe hardship to my reputation, my character, my mode of living and to my family! I need the following late payments Deleted : XXXX XXXX XXXX XXXX Account # XXXX XXXX  Account # XXXX XXXX XXXX Account # XXXX ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. 

XXXX XXXX XXXXXXXX XXXX Never Sent the periodic statement along with the disclosures from section 1637 ( b ).

I have requested proof that this information was mailed or delivered 21 days before the payment due date and this information was requested in good faith pursuant rule 1002 and It was never provided.

15 USC 1666b and its requirements set the standards and the guidance for a creditor to treat a payment as late, yet they are reporting a payment as late and they did not comply with the law! 
This is unfair, illegal, fraudulent, and not equitable to me as a consumer! 

Delete the following late payments from my consumer reports ; List accounts here with late payments. 
XXXX Account # XXXX XXXX  Account # XXXX XXXX XXXX Account # XXXX Certified Mail tracking XXXX XXXX XXXX Account Reported/ Furnished to { Experian ) Notice to agent is notice to principal notice to principal is notice to agent. 

15 U.S. Code 1681 - Congressional findings and Statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

I pulled my Consumer reports from ( Equifax, and I notice you have furnished an account there as a charge off ( {$470.00} {$470.00}, {$460.00}, {$3200.00}, {$920.00}. } An account can not be a charge off and a collection at the same time! A charge off is a cancelled debt where a form 1099C must be issued to the consumer! How can you collect on a canceled debt?

The collection on a cancelled debt that has been charge off constitutes tax fraud and the matter will be reported to the IRS! I will be filing a Form 3949-A Charge off definition : Charge-off. Write off of a debt and termination of servicing activity without release of liability. A charge-off is a decision by the Agency to remove debt from Agency receivables , however, future payments may be received.

Write off : a write-off of debt is cancellation of a debt in the account books of a creditor. When a creditor writes off a debt and charges the debtor on the extra amount after the written off debt, it can be taken as evidence that the debtor is XXXX from that written off debt. 

cancellation of a debt : https : XXXX XXXX XXXX XXXX XXXX Affect Taxes? 
The IRS considers most forms of forgiven, canceled or settled debt as income for tax purposes. If the amount of your canceled debt is more than {$600.00} and it's considered taxable, the lender is required to send you a XXXX form, which includes the cancelled amount that you'll need to report. 

You XXXX XXXX  XXXX, XXXX, XXXX XXXX, XXXX OF XXXX have furnished this account as a charge off / collection you are in violation of the Fair Credit Reporting Act 15 USC 1681 .

15 USC 1681e ( b ) ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 
The reporting of inaccurate information to a consumer reporting agency is damaging to my credit worthiness, credit standing, credit capacity, character, and general reputation. 
You XXXX XXXX  XXXX, XXXX, XXXX XXXX, XXXXXXXX XXXX XXXX are a furnisher of information you are prohibited by law from reporting inaccurate information. 
15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies a. Duty of furnishers of information to provide accurate information.

( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.

The IRS defines a Charge Off as cancelled debt. When a debt is cancelled a FORM 1099C must be issued. The IRS states that a cancelled debt is Gross or ordinary income, INCOME DOES NOT GET REPORTED TO THE CONSUMER REPORTING AGENCIES.

You have been put on notice.

15 USC 1681s-2 ( B ) ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. 

Delete the following account from my consumer reports : XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX OF XXXX XXXX 15 U.S. Code 1681n - Civil liability for willful noncompliance XXXX a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.

You have 15 calendar days from the receipt of this notice to delete the inaccurate information from my consumer reports. 

I am not asking for verification or validation of this account. DO NOT WASTE MY TIME WITH STALL LETTERS the only response to this letter is the Deletion of the inaccurate information being furnished. 

Any other response will result in me taking legal action!

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