Consumer complaint received 2024-11-21 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: CA

Complaint narrative:
I am writing to address the lack of response to my previous notice, dated XX/XX/2024, regarding the request for a copy of the 1099-C filed for the charged-off debt. XXXX  XXXX XXXX failure to provide a response leaves me no choice but to assume that you have neglected to comply with FEDERAL law by not filing a 1099-C as mandated. Consequently, I am compelled to inform you that I will report XXXX  XXXX XXXX XXXX XXXX IRS for potential tax fraud using Form XXXX if prompt action is not taken. 

Furthermore, it is imperative that you notify Experian, XXXX, and XXXX to delete this information from my credit report immediately. The account in question is detailed as follows : XXXX XXXX XXXX As per IRS regulations, a canceled debt of {$600.00} or more necessitates the filing of a 1099-C form by federal or government agencies, or applicable financial entities. Failure to comply with this requirement constitutes tax fraud, a serious offense that I will not hesitate to report to the IRS.

It is essential to understand that a canceled debt is considered ordinary income by the IRS. Consequently, any failure to file a 1099-C form, or any attempt to conceal such actions, constitutes inaccurate reporting. Income is not to be included on a credit report, and any such inclusion violates consumer laws and regulations. 

Your company 's actions are in clear violation of the Fair Credit Reporting Act ( FCRA ), specifically 15 USC 1681s-2, which outlines the responsibilities of furnishers of information to consumer reporting agencies. Under this statute, it is prohibited to furnish inaccurate information knowingly or with reasonable cause to believe it is inaccurate. 

It is evident from my previous communication and this notice that there is reasonable cause to believe the information provided is inaccurate. Therefore, it is imperative that you take immediate steps to rectify this situation by deleting the inaccurate information from all consumer reporting agencies. 

Failure to comply will result in legal action being pursued, including holding the Creditor XXXX XXXX XXXX, accountable for willful noncompliance under 15 USC 1681n ( a ) ( 1 ) ( A ). This statute stipulates that any person who willfully fails to comply with FCRA requirements may be liable for damages sustained by the consumer.

I am currently in the process of securing housing, and the inaccurate information on my credit report is hindering my progress. I urge you to act swiftly and cease reporting this item to avoid further complications. 

I am currently in the process of securing housing, and the inaccurate information on my credit report is hindering my progress. I urge you to act swiftly and cease reporting this item to avoid further complications. Kindly delete this off my report immediately.

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