Consumer complaint received 2022-12-30
Company: Experian Information Solutions Inc.
State: NH
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Investigation took more than 30 days

Complaint:
Back in XX/XX/XXXX of XXXX, I disputed inaccurate items on my Experian credit report. I have sent Experian multiple dispute letters, and to date, I have received one letter that was merely just a stall letter saying that they will not reinvestigate my complaint. However, an investigation into my complaint never happened. I started the dispute process XX/XX/XXXX of XXXX. The only correspondence that I've received from Experian were a couple notices that they removed my name from preapproved credit offer mailing lists for 5 years. From the original time that I mailed my first dispute ( XX/XX/XXXX ) to when they received the dispute ( XX/XX/XXXX ) is already longer than the 30 day window under the FCRA.I submitted another dispute with them on XX/XX/XXXX after the 30 day no response. I later submitted another dispute to them on XX/XX/XXXX. 

I disputed two chargeoffs and a 60 day late payment on my XXXX XXXX account. They replied back saying that I needed to send relevant information to support your claim. Then they only referenced the XXXX account. They did not even reference my dispute with XXXX XXXX XXXX or the 60 day late with XXXX XXXX ( I was never late. XXXX XXXX allows customers to pay 15 days late without incurring a penalty ). 

Attached are the disputes that I sent, the dates, tracking numbers, and the original disputes that I have sent Experian, but have not received a response from. 

I have previously disputed with Experian via the CFPB. They took 60 days to reply, and sent me a stall response : Thank you for submitting your dispute on XX/XX/XXXX, through the CFPB Portal. We appreciate consumers who take the time to let us know about their experiences with our company. We have reviewed and considered the information, you have supplied through the CFPB portal and directly to Experian. In your dispute, you request to delete the items listed and claim the items do not belong to you. You further state that the items were not verified. Regarding the disputed accounts, at your request to conduct a reinvestigation, we contacted the data furnishers and asked them to verify the accuracy of the information with which you disagree. They responded and verified that the disputed information was accurate as reported, however, they may have updated other aspects of the account ( s ). The result summary was sent to you for review on XX/XX/XXXX ( NOTE : This didnt happen ). If you have any additional supporting new documentation regarding the disputed information, you may forward that to Experian for further review. When you dispute the accuracy or completeness of information on your personal credit report and tell us specifically why you believe the information is inaccurate or incomplete, we process your dispute as required by law. We contact the furnisher of the information or the vendor that collected the information from a public record source such as a court or other government office. We ask the furnisher or the vendor to verify all of the information regarding the item you disputed, and report back within 30 days of the date that we received your request ( 21 days for Maine residents and 45 days for disputes of information on an annual free credit report ). We review and consider the response to determine whether to accept it, reject it, or follow up for additional information. If, after processing, we find that the disputed information is inaccurate, incomplete or can not be verified, we then delete that information, or modify that information, as appropriate, based upon your dispute and the results of our processing. 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. In some instances, upon reviewing your credit file and any relevant information you have submitted to us, we are able to determine whether the disputed information should be changed or deleted without having to contact the furnisher or the vendor. After we complete our processing, we send you the results. In addition to your right to dispute information in your credit file with the credit reporting agencies, you also have the right to dispute information in your credit report directly with the furnisher of the information. According to the Fair Credit Reporting Act ( FCRA ), a national consumer credit reporting agencys 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, such as a court or other government office, notifying them of the disputed information and disclosing all relevant information regarding the consumers dispute. In order to help resolve the consumers dispute, Experian will review all relevant documents submitted by the consumer with the dispute and will forward such documents to the furnisher if Experian is unable to resolve the issue based on those documents. Consumers may also contact creditors directly to dispute items reported by the creditor. If the issue is not resolved, then the consumer credit reporting agency must offer to include a consumer statement on the personal credit report. If you disagree with the results of the reinvestigations, it is your legal right, under the FCRA, to add a 100-word statement specifying the nature of your dispute. The consumer statement will appear on your credit report and be viewable upon inquiry. If you would like our assistance in providing a concise statement, please contact us directly at the telephone number or address provided on your personal credit report and we would be happy to assist you. You may refer to the credit report that you received for the name, phone number ( if available ) and address of the data furnisher who verified that information. Please note that accurate information can not be deleted. Potentially negative items, such as missed or late payments, remains on the personal credit report for seven years from the date of the original missed payment. Please note that there is nothing a credit repair company can do for you, including removing inaccurate credit information that you cant do for yourself for free. We believe it is important to supply you with information about specific credit repair laws. The Credit Repair Organization Act, a federal law, prohibits credit repair companies from taking consumers money until they have fully completed the services they promised. It also requires such firms to provide consumers with a written contract stating all the services to be provided and the terms and conditions of payment. Under this law, consumers also have three days to withdraw from the contract. Please contact your local Attorney Generals office for further information regarding your specific state laws. For additional assistance, you may call the toll-free telephone number provided on your personal credit report obtained directly from Experian, or write to Experian at XXXX XXXX XXXX, XXXX, TX XXXX XXXX For more information regarding your credit and frequently asked questions, you may visit : http : //www.experian.com/blogs/ask-experian. Please note that you may also submit your request or documents supporting your claim electronically at www.experian.com/upload. You may also visit Experians dispute center by visiting www.experian.com/dispute. Thank you for submitting your dispute through the CFPB Portal. It is sour policy to respond to consumer disputes swiftly and to take each one seriously. We appreciate you letting us know about your experiences with Experian. 

My response is as follows : It has taken exactly 60 days to respond to my complaint, and judging by the length of time, Experian clearly did not look at my complaint. Not only that, but I've submitted multiple complaints to Experian, and they have never conducted an investigation. Due to these egregious violations of the Fair Credit Reporting Act, all of the items that I disputed : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX account in my original dispute, and the 60 day late payment from XXXX XXXX XXXX XXXX XXXX allows their customers to pay 15 days past the due date without penalty. I was never 60 days late. XXXX has removed the 60 day late payment, as well as the XXXX XXXX XXXX ( XXXX ) XXXX, and XXXX XXXX sends me offers where they say I was an " ideal '' customer ). 
I would like to remind Experian what Ive said in my 3rd letter that I have sent them : Im sure you are aware that current case law states that Consumer Reporting Agencies bear grave responsibilities to ensure the accuracy of the accounts they report on, and their responsibility must consist of something more than merely parroting information received from other sources. The Courts have ordered that a Reinvestigation that merely shifts the burden back to the consumer and the credit grantor can not fulfill obligations imposed by 1681 ( a ) ( 4 ). 

This is precisely what they did. See : XXXX When reading this, please read the following in order : 1. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX According to the FCRA, when disputes take longer than 30 days, the items must be removed per the FCRA. 
The following accounts must be deleted immediately : Account Name : XXXX XXXX XXXX ( Could also appear as XXXX XXXX Account Number : XXXX Account Name : XXXX Account Number : XXXX Not only is it unconscionable to wait over a year to receive a reply from Experian, but according to the Fair Credit Reporting Act ( FCRA ), XXXXXXXX XXXX  XXXX account number XXXX, XXXX  account number XXXX, and the inaccurate late payments on XXXX XXXX Account Number : XXXX are all violating my rights. 
15 U.S.C 1681 section 602a states I have the right to privacy.

15 U.S.C 1681 section 604a Section 2 states a consumer reporting agency can not furnish an account without my written instructions. 
In my original complaint, I also requested to remove accounts that are not Metro 2 compliant. Please see that Experians records are inaccurate as they are not Metro 2 compliant. Based on these violations, I could file into federal court, and receive up to {$1000.00} per violation. 

Please remove these accounts from my credit report. These inaccurate marks on my credit report has caused me stress and emotional pain, and I hope the CFPB understands the pain Ive been going through for over a year. I just want to be able to apply for a home and start a family without being a victim of Experian reporting inaccurate information on my credit report. 

Thank you, 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