Credit reporting or other personal consumer reports -- Improper use of your report -- Complaint #11491046

Complaint Overview

Complaint ID: 11491046

Company: Experian Information Solutions INC.

Product: Credit reporting or other personal consumer reports

Sub-Product: Credit reporting

Issue: Improper use of your report

Sub-Issue: Reporting company used your report improperly

State: Georgia

ZIP Code: 398XX

Date Received: 2025-01-12T12:00:00-05:00

Date Sent to Company: 2025-01-12T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

This letter serves as a formal dispute regarding the inaccurate reporting of the above-referenced account. After thoroughly reviewing my credit report entries across Experian, XXXX, and XXXX, I have identified several inconsistencies, procedural violations, and inaccuracies in how the account is being reported. I am providing detailed explanations below and demanding immediate action to correct or remove this account. Inaccuracies Across All Credit Bureaus Charge-Off Status with Remaining Balance : The account is listed as charged off but still reflects a balance owed. According to the Fair Credit Reporting Act ( FCRA ) Section 607 ( b ), credit bureaus must ensure maximum possible accuracy. If the debt has been charged off, the balance must be {$0.00} unless sold to a third party or a 1099-C Cancellation of Debt form has been issued. This inconsistency is misleading and inaccurate. Failure to Provide Verification Documentation : Despite multiple disputes, you have failed to provide copies of documents, such as the original signed contract, payment history, and correspondence from XXXX XXXX XXXX verifying the accuracy of this account, as required under FCRA Section 609 ( a ) ( 1 ). Incorrect Payment Histories : Experian : Displays multiple months where payments are inconsistent, showing {$0.00} paid but a balance decreasing. For example, XXXX and XX/XX/XXXX show no payments yet reflect balance reductions, which raises concerns about data accuracy. XXXX : Reports the same charge-off status for all months without providing updates or verifying the legitimacy of the account. This failure to update or verify reflects a violation of FCRA Section 611 ( a ) ( 1 ). XXXX : Consistently reports CO ( Charge-Off ) for every month in XXXX, suggesting inaccurate or outdated data without proper updates or validation. Failure to Notify the Furnisher Properly : Under FCRA Section 611 ( a ) ( 2 ), credit bureaus are required to notify the furnisher ( XXXX XXXX XXXX ) of my dispute and provide all relevant information. None of the bureaus have disclosed who they contacted at XXXX XXXX XXXX or provided proof of communication or validation. Discrepancy in Reporting Dates and Balances : Experian and XXXX show discrepancies in reporting dates for when the account was charged off and the balances. The same account can not reflect different statuses and balances across bureaus without explanation or proof. Failure to Provide Full Reinvestigation Procedures : After the dispute was filed, you did not provide details about how the investigation was conducted, who was contacted, or what documents were reviewed. This is a violation of FCRA Section 611 ( a ) ( 6 ), which requires a description of the reinvestigation process and disclosure of the furnisher 's name, address, and contact information. Violations of Federal and State Laws Section 1681g Right to Access Verification Documents : I requested all records used to verify the account, but no such documentation has been provided. Fair Debt Collection Practices Act ( FDCPA ) : Section 1692e ( 8 ) False or Misleading Representations : Reporting a charged-off account with a past-due balance without proper validation constitutes false representation. Fair Credit Reporting Act ( FCRA ) : Section 609 ( a ) ( 1 ) : Failure to provide documents used to verify the account. Section 611 ( a ) ( 1 ) : Failure to conduct a reasonable reinvestigation. Section 611 ( a ) ( 2 ) : Failure to notify the furnisher properly and provide details. Section 611 ( a ) ( 5 ) : Failure to delete unverifiable or inaccurate information. Fair Debt Collection Practices Act ( FDCPA ) ( if applicable ) : Section 807 : Reporting misleading information regarding debt status. Section 809 : Failure to validate the debt upon request. Consumer Financial Protection Act ( CFPA ) : Violations of Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP ) for misreporting and failing to provide validation. Georgia Fair Business Practices Act ( FBPA ) : Reporting inaccurate or unverifiable information constitutes unfair and deceptive acts under Georgia law. Internal Revenue Code ( IRC Section 6050P ) : CFPA ( 12 U.S.C. 5531 ) : Failure to provide documentation constitutes an unfair and deceptive practice under the Consumer Financial Protection Act. FCRA Section 611 ( a ) ( 1 ) ( A ) : Mandates a " reasonable reinvestigation '' of disputed information. Failing to provide documentation undermines the legitimacy of the reinvestigation. Stalling Tactics The refusal to provide documentation could be a stalling tactic to avoid fully addressing my dispute or to obscure a lack of proper reinvestigation. If the debt was written off by XXXX XXXX XXXX and exceeds {$600.00}, a XXXX XXXX of XXXX form should have been issued. This failure raises concerns about improper reporting. Demands Provide Full Validation Documents : Evidence of correspondence between [ XXXX XXXX XXXX Name ] and XXXX XXXX XXXX, including the name, title, and contact information of the individual who verified this account. Copies of the original signed contract. Payment history records and balance calculations. Verification documents provided by XXXX XXXX XXXX. Failure to Validate the Debt ( FCRA Section 623 ( a ) ) : The furnisher is required to report only accurate and complete information. XXXX XXXX XXXX has failed to provide evidence that this account is accurate. Failure to Provide Supporting Documentation ( FCRA Section 609 ( a ) ) : Despite requests, XXXX XXXX XXXX has not provided the original signed agreement, balance validation, or payment history to substantiate this debt. Misrepresentation of Debt Status ( FCRA and FDCPA ) : The account is listed as " charged off '' with a balance still owed. If the debt was charged off, it should reflect a {$0.00} balance unless properly validated. Failure to Ensure Maximum Possible Accuracy ( FCRA Section 607 ( b ) ) : The CRAs must ensure maximum possible accuracy in the information they report. Reporting a charged-off account with a " past due balance '' is both inaccurate and misleading. Potential Violation of Tax Laws ( IRC Section 6050P ) : If the debt was charged off and written off for tax purposes, XXXX XXXX XXXX must issue a 1099-C to the IRS and the consumer. Failing to do so is a violation of tax laws. Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP ) ( CFPA, 12 U.S.C. 5531 ) : XXXX XXXX XXXX 's continued reporting of unverifiable information constitutes an unfair and deceptive practice, causing harm to my creditworthiness and financial reputation. Harm Caused : The continued false reporting of this account has caused significant damage to my credit score and financial reputation, limiting my ability to access fair credit terms. Additionally, the time and emotional distress incurred in repeatedly disputing this account have further compounded the harm Immediate Deletion of the Account : If you can not validate or verify the account within 30 days, you must delete it from my credit file under FCRA Section 611 ( a ) ( 5 ). Notify Me of All Actions Taken : Provide written confirmation of the results of the reinvestigation, including the furnisher 's name, address, and contact details, and a full description of the investigation process. Correct or Remove Inaccuracies : Update all inaccurate payment histories, balances, and statuses to reflect the true status of this account or delete it if unverifiable.

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