Product: Credit reporting or other personal consumer reports

XXXX. Contradictory Statements About Blocking the Fraudulent Account Experians Statement : The items that you requested to be blocked as a result of identity theft have been blocked from your personal credit report. The credit grantor that supplied the information also has been notified. 

This suggests that Experian has already honored the request and removed the disputed information, which aligns with the FCRAs 605B ( a ) requirement to block fraudulent accounts upon receipt of a valid identity theft report.

Contradictory Statement in the Same Letter : Based on our review of your request and the information available to us, we have determined that either : your request to block was made in error, or, your request to block information was based on a material misrepresentation, or, you knowingly obtained or should have known that you obtained possession of goods, services, or moneys as a result of one or more of the transactions that you are seeking to block.

Legal Issue : This directly contradicts their earlier statement that the fraudulent items were removed. If they had already blocked the items and notified the credit grantor, there would be no need for further evaluation.

Additionally, FCRA 605B ( c ) ( 2 ) states that a credit reporting agency must honor a blocking request unless they have substantial proof that the request was fraudulent. Experians response does not cite any evidence or investigation proving material misrepresentation. Instead, they assume guilt without any justification, which is a violation of the burden of proof principle under the FCRA. 
2. False Assumption of Consumer Guilt Without Evidence Experians Statement : We have determined that either : your request to block was made in error, or, your request to block information was based on a material misrepresentation, or, you knowingly obtained or should have known that you obtained possession of goods, services, or moneys as a result of one or more of the transactions that you are seeking to block.

Legal Issue : Experian is making XXXX separate accusations without providing any factual evidence or documentation supporting these claims. This violates : 1. FCRA 611 ( a ) ( 1 ) ( A ) A credit bureau must conduct a reasonable investigation when a consumer disputes inaccurate or fraudulent information. This response does not demonstrate any investigation was performed.

2. FCRA 605B ( c ) ( 2 ) The bureau can not refuse to block a fraudulent account unless it has conclusive evidence of fraud by the consumer.

3. 15 U.S.C. 1681i ( a ) ( 6 ) ( B ) ( iii ) If an item is not modified or deleted, the bureau must provide a detailed explanation with supporting documentation. Experian fails to do this.

Contradiction : Experian first claims they blocked the items and notified the creditor, then immediately states that they are refusing to block the items. These statements can not both be true.

3. Shifting Responsibility to the Consumer Instead of Conducting a Proper Investigation Experians Statement : If you have additional relevant information that indicates that the disputed item ( s ) resulted from identity theft, please contact us again and provide this information.

Legal Issue : FCRA 605B ( a ) mandates that once a police report or FTC Identity Theft Report is submitted, the credit bureau must block the fraudulent itemwithout requiring additional documentation.

Experian is improperly shifting the burden of proof to the consumer, when the law requires Experian to contact the furnisher and verify the legitimacy of the account.

4. Improper Denial of Consumer Rights Under FCRA 605B Experians Statement : If we do not receive a response from the furnisher or the vendor within the required period, we update the item as you have requested or delete the information, and send you the results.

Contradiction & Legal Violation : Experians prior refusal to block the account contradicts this statement, which says that they will remove unverified accounts if the furnisher does not respond. If the furnisher already confirmed the fraud ( which you provided proof of ), Experian has no legal basis to continue reporting the account.

FCRA 605B ( a ) and ( c ) mandate immediate blocking of fraudulent items without requiring confirmation from the furnisher. Experian is violating this by relying on the furnishers response rather than blocking the item upon receiving proper documentation.

5. Contradictory and Condescending Tone Regarding Their Role in Disputes Experians Statement : According to the Fair Credit Reporting Act, our role in the dispute process is to review the accuracy and completeness of any disputed item which may include contacting the furnisher of the information or the vendor that collected the information from a public record source, and notifying them of the dispute and disclosing all relevant information regarding your dispute.

Contradiction : This contradicts their prior refusal to block the account. If their role is to review and investigate disputed information, why did they preemptively assume guilt and reject the dispute without a proper investigation?

15 U.S.C. 1681i ( a ) ( 6 ) ( B ) ( iii ) states that when a dispute is denied, Experian must provide factual evidence supporting their decision. They fail to do so here.

6. Deceptive and Misleading Statements Violating Consumer Protection Laws Experians Statement : If you still believe the disputed item ( s ) is inaccurate, then we will add a statement of continued dispute to the credit report at your request.

Legal Issue : Experian is trying to minimize their legal responsibility by suggesting that simply adding a consumer statement is a valid resolution. This does not satisfy FCRA 611 ( a ), which requires them to fully investigate and correct inaccuracies.

A consumer statement does not remove the fraudulent item and does nothing to prevent it from affecting your credit score.

Conclusion : Experians Response is Legally Insufficient and Violates the FCRA 1. Contradiction in Blocking : They claim they removed the fraudulent items but also claim they denied the requestthis is illogical.

2. Failure to Provide Evidence : They accuse the consumer of misrepresentation but do not supply any proof.

3. Improper Burden of Proof : The FCRA requires the bureau to conduct an investigation, yet Experian is improperly requiring more proof from the consumer.

4. Reliance on the Furnisher : Experian can not legally refuse to block fraudulent items based on the furnishers response.

5. Deceptive & Misleading Statements : Experian is attempting to deflect accountability by offering a statement of dispute instead of properly deleting the item.