Consumer complaint received 2024-05-31 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: FL

Complaint narrative:
I am disputing the inaccurate and unlawful reporting of multiple charged-off accounts by XXXX XXXX XXXX XXXX on my consumer reports. My consumer reports have erroneously noted multiple late payments and inaccurately calculated charged-off amounts. These inaccuracies are in violation of numerous consumer protection laws, and I Demand Immediate rectification and Deletion of these incorrect entries.

1. Continuous Reporting of Charged-Off Accounts and Late Payments : Under 15 U.S. Code 1681s2 ( a ), there is a clear duty for furnishers of information to provide accurate information. The continuous reporting of charged-off accounts with inaccurate amounts each month constitutes a violation of this section. Charged-off accounts are, by definition, " dead '' accounts. Therefore, the amounts should not fluctuate once charged off. The continuous addition to the charged-off amount is inaccurate and misleading. 

Further, the reporting of late payments on charged-off accounts is incorrect. A charged-off account is no longer an active credit account ; hence, it should not report late payments continuously. According to 15 U.S. Code 1681a, a consumer report does not include information about transactions or experiences between the consumer and the person making the report, except in cases of current credit relationships. Since the account has been charged off and is no longer an active credit relationship, the continuous reporting of late payments is inaccurate and misleading.

2. Duty to Provide Notice of Delinquency : Pursuant to 15 U.S. Code 1681s2 ( a ) ( 7 ), creditors are required to notify credit reporting agencies when an account is delinquent. However, the repeated monthly reporting of the same delinquency as if it were a new delinquency each month is not only redundant but also a misrepresentation of the actual status of the account. 

3. Accuracy and Verification Failures : Under 15 U.S. Code 1681e ( b ), consumer reporting agencies must follow reasonable procedures to ensure maximum possible accuracy of the information they report. The continuous inaccuracies in the reporting of my charged-off accounts, including differing information across the three consumer reporting agencies, demonstrate a failure to uphold this legal requirement. Furthermore, 15 U.S. Code 1681i ( a ) mandates that consumer reporting agencies must conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate. Despite my numerous requests for verification, I have yet to receive any adequate response or evidence of a proper investigation. 

4. Reporting of Personal Information Without Consent : The reporting of my personal information, including account numbers, without my explicit consent is a violation of my privacy rights. 15 U.S. Code 1681b outlines permissible purposes for the furnishing of consumer reports, and reporting personal account information without consent falls outside these permissible purposes. 

5. IRS Guidelines on Charged-Off Accounts : According to IRS guidelines , charged-off accounts are considered " canceled debt '' and are typically reported as income on a Form 1099-C. These accounts should not be reported as active debts on a consumer 's report once they have been charged off. The current practice of XXXX XXXX XXXX XXXX in continuously reporting these charged-off accounts is in direct contradiction to these guidelines and further exacerbates the inaccuracies on my consumer reports. 

6. Impact of the XXXX XXXX XXXX : The XXXX data breach has compromised the integrity and security of my personal information. This breach not only affects XXXX but also raises concerns about the accuracy and safety of my information with all three major consumer reporting agencies. This breach undermines the integrity of the credit reporting system as a whole. Given the breach, it is even more critical that my information is handled with the utmost care and accuracy, which has evidently not been the case. 

Demand for Immediate Deletion : In light of these significant and numerous violations, I demand the immediate deletion of all inaccurate and unlawful information related to the charged-off accounts from my consumer reports. The continued reporting of these inaccuracies is causing me undue distress, damaging my credit, and hindering my ability to move forward in life. 

I urge XXXX XXXX XXXX XXXX and the reporting agencies to rectify these inaccuracies promptly and ensure compliance with consumer protection laws. Failure to do so will result in further legal action. I expect a response and resolution to this matter within the timeframe established by the Fair Credit Reporting Act ( FCRA ), and a copy of the deleted account and a copy of procedure of verification. 

ID and proof of current address is uploaded below

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