Consumer complaint received 2024-12-27 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: EQUIFAX, INC.
State: FL

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX I am writing to formally dispute the accuracy of an alleged debt that you have reported on my consumer report. Specifically, your records reflect a charge-off/written off of this alleged debt ; however, you have failed to provide the required IRS Form 1099-C, which is necessary to confirm the reporting of this debt as forgiven and any related taxable event. 
This failure to issue the required documentation raises significant concerns about the accuracy and validity of your reporting. It also constitutes violations of the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ), including but not limited to : XXXX. Inaccurate Reporting Under the FCRA, you are obligated to ensure that all information reported to consumer reporting agencies is accurate and complete. Reporting an alleged charge-off without issuing the appropriate IRS Form 1099-C is misleading and inaccurate, violating 15 U.S.C. 1681s-2. 
XXXX. False or Misleading Representations Under the FDCPA, false or misleading representations concerning the character, amount, or legal status of a debt are prohibited ( 15 U.S.C. 1692e ). Reporting an alleged debt without proper documentation to substantiate the write-off or forgiveness constitutes a clear violation. 
XXXX. Unfair Practices Reporting without proper reconciliation and compliance with legal obligations violates 15 U.S.C. 1692f, which prohibits unfair or unconscionable means to collect or attempt to collect any debt. 
XXXX. Charge offs are income. Congress says no income can be reported on my consumer credit reports. 15 USC 1681 ( 2 ) ( a ) ( i ) no transactions or experiences can be reported. Income is transactions and experience. 15 USC 1681 ( i ) What capital did you use in the transactions? Charge off means you lost something. What did you lose?

Under the FCRA, I have the right to dispute any inaccurate, incomplete, or unverifiable information on my credit report. It is your legal obligation to investigate and either verify the accuracy of the debt or correct/remove the inaccurate reporting within 30 days of receipt of this letter. Failure to comply may result in additional violations of the FCRA, including but not limited to your responsibilities under 15 U.S.C. 1681i and 15 U.S.C. 1681s-2 ( b ).

Additionally, under both the FCRA and FDCPA, I am entitled to damages for violations of these statutes : Statutory Damages : Up to {$1000.00} per violation under the FCRA and FDCPA.

Compensatory Damages : For any financial harm or emotional distress caused by your inaccurate and misleading reporting.

Punitive Damages : For willful noncompliance under the FCRA ( 15 U.S.C. 1681n ). 

To resolve this matter, I demand that you : XXXX. Provide verification of the alleged debt including any supporting documentation of the charge-off and the required Form 1099-C. 
XXXX. Cease reporting the alleged debt as charged-off if you can not provide proper verification and issue the Form 1099-C. 
XXXX. Correct or remove the inaccurate information from my consumer report immediately. 

If you fail to respond to this dispute and correct the inaccuracies within the statutory 30-day period, I will consider all legal remedies available to me, including filing complaints to the Federal Trade Commission ( FTC ) , and the Office of the Attorney General, as well as pursuing a lawsuit for damages.

I look forward to your timely resolution of this dispute.

" I certify under penalty of perjury under laws of the United States of America that the foregoing is true and correct. Executed on XX/XX/year>. 
By : Without Prejudice Without Recourse XXXXXXXX XXXX XXXX XXXXXXXX XXXX Agent ''. 

Maxim of law : My god said, " I'm under law and statues, codes, and ordinances doesn't apply in this court. '' An unrebutted affidavit stands as truth in commerce. A matter must be expressed to be resolved.

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 consciously avoids knowing that the information is inaccurate. 

( 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. 

( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address. 

( XXXX ) Duty to correct and update information A person who- ( A ) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person 's transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate. 

( XXXX ) Duty to provide notice of dispute If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.

( 4 ) Duty to provide notice of closed accounts A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed. 

( XXXX ) Duty to provide notice of delinquency of accounts A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action. 

( b ) Duties of furnishers of information upon notice of dispute ( 1 ) In general After receiving notice pursuant to section 1681i ( a ) ( 2 ) of this title of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall- ( A ) conduct an investigation with respect to the disputed information ; ( B ) review all relevant information provided by the consumer reporting agency pursuant to section 1681i ( a ) ( 2 ) of this title ; ( C ) report the results of the investigation to the consumer reporting agency ; and ( D ) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis. 

( 2 ) Deadline A person shall complete all investigations, reviews, and reports required under paragraph ( 1 ) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which the consumer reporting agency is required to complete actions required by that section regarding that information.

( c ) Limitation on liability Sections 1681n and 1681o of this title do not apply to any failure to comply with subsection ( a ) of this section, except as provided in section 1681s ( c ) ( 1 ) ( B ) of this title.

( d ) Limitation on enforcement Subsection ( a ) of this section shall be enforced exclusively under section 1681s of this title by the Federal agencies and officials and the State officials identified in that section.

More laws pertain to charge off from Congress.

1681i. Procedure in case of disputed accuracy ( a ) Reinvestigations of disputed information ( XXXX ) Reinvestigation required ( A ) In general If the completeness or accuracy of any item of information contained in a consumer 's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of such dispute, the agency shall reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( XXXX ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer.

( B ) Extension of period to reinvestigate Except as provided in subparagraph ( C ), the 30-day period described in subparagraph ( A ) may be extended for not more than 15 additional days if the consumer reporting agency receives information from the consumer during that 30-day period that is relevant to the reinvestigation.

( C ) Limitations on extension of period to reinvestigate Subparagraph ( B ) shall not apply to any reinvestigation in which, during the 30-day period described in subparagraph ( A ), the information that is the subject of the reinvestigation is found to be inaccurate or incomplete or the consumer reporting agency determines that the information can not be verified.

( 2 ) Prompt notice of dispute to furnisher of information ( A ) In general Before the expiration of the 5-business-day period beginning on the date on which a consumer reporting agency receives notice of a dispute from any consumer in accordance with paragraph ( 1 ), the agency shall provide notification of the dispute to any person who provided any item of information in dispute, at the address and in the manner established with the person. The notice shall include all relevant information regarding the dispute that the agency has received from the consumer.

( B ) Provision of other information from consumer The consumer reporting agency shall promptly provide to the person who provided the information in dispute all relevant information regarding the dispute that is received by the agency from the consumer after the period referred to in subparagraph ( A ) and before the end of the period referred to in paragraph ( 1 ) ( A ).

( 3 ) Determination that dispute is frivolous or irrelevant ( A ) In general Notwithstanding paragraph ( 1 ), a consumer reporting agency may terminate a reinvestigation of information disputed by a consumer under that paragraph if the agency reasonably determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information.

( B ) Notice of determination Upon making any determination in accordance with subparagraph ( A ) that a dispute is frivolous or irrelevant, a consumer reporting agency shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the agency.

( C ) Contents of notice A notice under subparagraph ( B ) shall include- ( i ) the reasons for the determination under subparagraph ( A ) ; and ( ii ) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information.

( 4 ) Consideration of consumer information In conducting any reinvestigation under paragraph ( 1 ) with respect to disputed information in the file of any consumer, the consumer reporting agency shall review and consider all relevant information submitted by the consumer in the period described in paragraph ( 1 ) ( A ) with respect to such disputed information.

( 5 ) Treatment of inaccurate or unverifiable information ( A ) In general If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall promptly delete that item of information from the consumer 's file or modify that item of information, as appropriate, based on the results of the reinvestigation.

( B ) Requirements relating to reinsertion of previously deleted material ( i ) Certification of accuracy of information If any information is deleted from a consumer 's file pursuant to subparagraph ( A ), the information may not be reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies that the information is complete and accurate.

( ii ) Notice to consumer If any information that has been deleted from a consumer 's file pursuant to subparagraph ( A ) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency.

( iii ) Additional information As part of, or in addition to, the notice under clause ( ii ), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion- ( I ) a statement that the disputed information has been reinserted ; ( II ) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information ; and ( III ) a notice that the consumer has the right to add a statement to the consumer 's file disputing the accuracy or completeness of the disputed information.

( C ) Procedures to prevent reappearance A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumer 's file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph ( other than information that is reinserted in accordance with subparagraph ( B ) ( i ) ).

( D ) Automated reinvestigation system Any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall implement an automated system through which furnishers of information to that consumer reporting agency may report the results of a reinvestigation that finds incomplete or inaccurate information in a consumer 's file to other such consumer reporting agencies.

( 6 ) Notice of results of reinvestigation ( A ) In general A consumer reporting agency shall provide written notice to a consumer of the results of a reinvestigation under this subsection not later than 5 business days after the completion of the reinvestigation, by mail or, if authorized by the consumer for that purpose, by other means available to the agency.

( B ) Contents As part of, or in addition to, the notice under subparagraph ( A ), a consumer reporting agency shall provide to a consumer in writing before the expiration of the 5-day period referred to in subparagraph ( A ) - ( i ) a statement that the reinvestigation is completed ; ( ii ) a consumer report that is based upon the consumer 's file as that file is revised as a result of the reinvestigation ; ( iii ) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available ; ( iv ) a notice that the consumer has the right to add a statement to the consumer 's file disputing the accuracy or completeness of the information ; and ( v ) a notice that the consumer has the right to request under subsection ( d ) of this section that the consumer reporting agency furnish notifications under that subsection.

( 7 ) Description of reinvestigation procedure A consumer reporting agency shall provide to a consumer a description referred to in paragraph ( 6 ) ( B ) ( iii ) by not later than 15 days after receiving a request from the consumer for that description.

( 8 ) Expedited dispute resolution If a dispute regarding an item of information in a consumer 's file at a consumer reporting agency is resolved in accordance with paragraph ( 5 ) ( A ) by the deletion of the disputed information by not later than 3 business days after the date on which the agency receives notice of the dispute from the consumer in accordance with paragraph ( 1 ) ( A ), then the agency shall not be required to comply with paragraphs ( 2 ), ( 6 ), and ( 7 ) with respect to that dispute if the agency- ( A ) provides prompt notice of the deletion to the consumer by telephone ; ( B ) includes in that notice, or in a written notice that accompanies a confirmation and consumer report provided in accordance with subparagraph ( C ), a statement of the consumer 's right to request under subsection ( d ) of this section that the agency furnish notifications under that subsection ; and ( C ) provides written confirmation of the deletion and a copy of a consumer report on the consumer that is based on the consumer 's file after the deletion, not later than 5 business days after making the deletion.

( b ) Statement of dispute If the reinvestigation does not resolve the dispute, the consumer may file a brief statement setting forth the nature of the dispute. The consumer reporting agency may limit such statements to not more than XXXX XXXX words if it provides the consumer with assistance in writing a clear summary of the dispute. 

( c ) Notification of consumer dispute in subsequent consumer reports Whenever a statement of a dispute is filed, unless there is reasonable grounds to believe that it is frivolous or irrelevant, the consumer reporting agency shall, in any subsequent consumer report containing the information in question, clearly note that it is disputed by the consumer and provide either the consumer 's statement or a clear and accurate codification or summary thereof. 

( d ) Notification of deletion of disputed information Following any deletion of information which is found to be inaccurate or whose accuracy can no longer be verified or any notation as to disputed information, the consumer reporting agency shall, at the request of the consumer, furnish notification that the item has been deleted or the statement, codification or summary pursuant to subsection ( b ) or ( c ) of this section to any person specifically designated by the consumer who has within two years prior thereto received a consumer report for employment purposes, or within six months prior thereto received a consumer report for any other purpose, which contained the deleted or disputed information.

1666b. Timing of payments ( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge.

Company response to consumer: Closed with non-monetary relief