Consumer complaint received 2024-10-16 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: NJ

Complaint narrative:
________________________________________ XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NJ XXXX Date XX/XX/year> Experian Credit Reporting Company Main Office Dispute Department po box XXXX XXXX, TX XXXX Subject : Formal Dispute Request Immediate Deletion of XXXX XXXX  Account number XXXX Dear Experian Dispute Department, I am writing to formally dispute the accuracy of information being reported on my consumer credit report concerning XXXX XXXX  Account number XXXX I am requesting its immediate deletion under 15 U.S.C. 1681e ( b ) of the Fair Credit Reporting Act ( FCRA ) due to the illegal inclusion of my income information and the improper handling of a charged-off account under federal law. 
Illegal Reporting of Income : Violation of 15 U.S.C. 1681e ( b ) The FCRA requires credit reporting agencies, including Experian, to " follow reasonable procedures to assure maximum possible accuracy of the information '' on consumer reports. Reporting income information on a consumer credit report is not only irrelevant but illegal under the FCRA. 
Income is not a permissible piece of information to be included on a consumer report, as it is not a direct indicator of creditworthiness. Under the Fair Credit Reporting Act, the purpose of consumer reports is to provide an accurate reflection of an individuals credit history and payment behavior, not their income. The inclusion of income can mislead potential creditors, landlords, or employers about my financial situation and credit risk. 
Income information can only be relevant in specific credit-related inquiries, and it should not be included in the general reporting of consumer debt. Its presence in my report violates 15 U.S.C. 1681e ( b ) because it does not reflect accurate or permissible information. Therefore, this account must be deleted from my credit file immediately. 
Charged-Off Account and Violation of IRS Law The account in question has also been marked as a " charged-off '' account by XXXX XXXX  Account number XXXX which indicates that the creditor has deemed the debt as uncollectible and written it off for tax purposes. Under IRS law ( Internal Revenue Code Section 6050P ), when a debt is charged off and reported as a loss, the creditor must treat it as taxable income for the debtor, and a 1099-C Cancellation of Debt form should be issued for any amount over {$600.00}. 
The following issues arise in relation to this : 1. Double Reporting : When XXXX XXXX  charges off a debt, they claim it as a loss to the IRS, yet they continue to report it as an active collection item on my credit report. This is effectively reporting the same debt twice, once for tax purposes and once for collection, violating IRS regulations. 
2. Improper Balance Reporting : If XXXX XXXX  has issued a 1099-C form, the debt is no longer legally collectable, and it should not continue to appear on my credit report. By reporting this charged-off debt, XXXX XXXX  is violating the Fair Credit Reporting Act ( FCRA ), as the amount is inaccurately portrayed as collectible despite being written off. This constitutes incomplete and inaccurate information under 15 U.S.C. 1681e ( b ).

FCRA and Legal Violations Under 15 U.S.C. 1681e ( b ), Experian is required to ensure the maximum accuracy of the information in my credit report. The presence of income data and the continued reporting of a charged-off account violate this requirement. Furthermore, if XXXX XXXX  has treated this debt as a taxable event under IRS rules, the continuation of reporting this debt as a collection item is misleading and illegal. 
By allowing XXXX XXXX  to report this inaccurate information, Experian is violating its duty to ensure that consumer reports do not include misleading or irrelevant data. Failure to remove this account would expose Experian to legal consequences under the FCRA and IRS guidelines. 
Immediate Deletion Request Based on the reasons outlined above, I demand the following : 1. Immediate deletion off XXXX XXXX  Account number XXXX from my credit report due to the illegal reporting of income and improper handling of a charged-off account. 
2. Written confirmation that this account and any associated inaccurate information have been permanently deleted from my credit file.

3. Cessation of any further reporting of this inaccurate information to third parties or creditors. 
Supporting Documents Enclosed, you will find : A copy of my credit report with the disputed account highlighted. 
Copy of my Drivers License for identification purposes Legal Obligations and Investigation Requirements Under 15 U.S.C. 1681i ( a ) ( 1 ) ( A ) of the FCRA, you are required to investigate this dispute and correct any inaccurate information within 30 days. Should you fail to investigate and remove this information, I will not hesitate to escalate this matter with the Consumer Financial Protection Bureau ( CFPB ) and the New Jersey Division of Consumer Affairs. I will also explore my rights to pursue damages under 15 U.S.C. 1681n for willful noncompliance with the FCRA. 
Conclusion I trust that Experian will take this dispute seriously and comply with its legal obligations to ensure accurate credit reporting. I expect confirmation that the XXXX XXXX  Account number XXXX has been deleted and that this incorrect information will no longer be reported. 
Thank you for your prompt attention to this matter. Should you require further information or documentation, please contact me at the information listed above. 
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