Product: Credit reporting or other personal consumer reports

Subject : " Sham Reinvestigation '' Process I am writing to formally address Experians actions regarding the reinvestigation and reporting of disputed public record bankruptcy information on my credit report. My concerns are supported by the allegations made in the CFPB v. Experian lawsuit, which assert that Experian has violated the Fair Credit Reporting Act ( FCRA ) by failing to properly investigate consumer disputes and conducting sham investigations. Specifically, the CFPB has alleged that Experian failed to communicate relevant dispute information to original data furnishers, accepted data furnishers responses without proper scrutiny, and maintained problematic dispute resolution processes. This complaint highlights similar concerns, including Experians deficient reinvestigation efforts.

Experians Misrepresentation of Investigative Practices In response to my public record bankruptcy dispute, Experian claimed that it reviewed and considered the information I supplied through the CFPB portal and directly to Experian. Experian also stated : Per your request to conduct a reinvestigation, we contacted the data furnisher ( s ) for the disputed items on your Experian credit report and asked them to verify the accuracy of the information with which you disagree. They responded and verified that the remaining disputed information was accurate as reported.

According to the FCRA, Experian is required to : Review the accuracy and completeness of any disputed item.

Notify the data furnisher or vendor of the dispute and disclose all relevant information provided by the consumer.

Independently review and consider the furnishers or vendors response to determine whether to accept, reject, or follow up for additional information.

Delete or modify any disputed information that is found to be inaccurate, incomplete, or unverifiable.

Despite these requirements, Experian has failed to demonstrate that it conducted a thorough investigation or verified the accuracy of the disputed information.

Failure to Provide Verification Details and Sources I requested that Experian provide the exact source of the disputed public record bankruptcy data, the date it was obtained, and the verification methods used. Experian did not provide this information. Through independent investigation, I discovered that Experian claims to have verified the disputed information through XXXX, which is itself a credit reporting agency ( CRA ) subject to the FCRA. As such, XXXX is required to obtain written consent from the consumer before sharing credit information with third parties. 

Violation of 15 USC 1681b and the Privacy Act of 1974 I reminded Experian that reporting information to my credit report without my written consent constitutes a violation of 15 USC 1681b ( 2 ). Additionally, reporting a bankruptcy public record without written consent violates the Privacy Act of 1974. Experian has failed to provide evidence that XXXX or any other third party obtained my consent to furnish this information. 

Deficient Verification Process and Accountability Experians reliance on XXXX raises significant concerns : XXXX has stated in writing that it acts as a reseller of credit reports from the XXXX nationwide consumer reporting agencies and forwards results to consumers. 

If Experian claims to have received the disputed information from XXXX, and XXXX claims to have obtained its information from the XXXX nationwide CRAs, it remains unclear which agency originally reported the public record bankruptcy information in dispute. 

It is understood from the attached email from the clerk of court, that they do not report any information to any third parties, further causing concern as to who has originally reported the public record bankruptcy without my written consent. 

Without clarifying the source of the data and the verification process, Experian has failed in its duty to conduct a proper reinvestigation under the FCRA. Furthermore, if XXXX can not provide evidence of my written consent, Experian is liable for unlawfully obtaining and reporting the disputed information.