Consumer complaint received 2023-11-21
Company: Experian Information Solutions Inc.
State: CA
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
Refused to validate/verify account a required by law. Regulation F 1006.34 ( c ) ( a ) Validation information required.

( 1 ) In general. Except as provided in paragraph ( a ) ( 2 ) of this section, a debt collector must provide a consumer with the validation information required by paragraph ( c ) of this section either : Official interpretation of 34 ( a ) ( 1 ) In general.

( i ) By sending the consumer a validation notice in the manner required by 1006.42 : ( A ) In the initial communication, as defined in paragraph ( b ) ( 2 ) of this section; or ( B ) Within five days of that initial communication; or ( ii ) By providing the validation information orally in the initial communication.

( 2 ) Exception. A debt collector who otherwise would be required to send a validation notice pursuant to paragraph ( a ) ( 1 ) ( i ) ( B ) of this section is not required to do so if the consumer has paid the debt prior to the time that paragraph ( a ) ( 1 ) ( i ) ( B ) of this section would require the validation notice to be sent.

( b ) Definitions. For purposes of this section : ( 1 ) Clear and conspicuous means readily understandable. In the case of written and electronic disclosures, the location and type size also must be readily noticeable and legible to consumers, although no minimum type size is mandated. In the case of oral disclosures, the disclosures also must be given at a volume and speed sufficient for the consumer to hear and comprehend them.

( 2 ) Initial communication means the first time that, in connection with the collection of a debt, a debt collector conveys information, directly or indirectly, regarding the debt to the consumer, other than a communication in the form of a formal pleading in a civil action, or any form or notice that does not relate to the collection of the debt and is expressly required by : Official interpretation of 34 ( b ) ( 2 ) Initial communication.

( i ) The Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ) ; ( ii ) Title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 through 6827 ) ; or ( iii ) Any provision of Federal or State law or regulation mandating notice of a data security breach or privacy risk.

( 3 ) Itemization date means any one of the following five reference dates for which a debt collector can ascertain the amount of the debt : Official interpretation of 34 ( b ) ( 3 ) Itemization date.

( i ) The last statement date, which is the date of the last periodic statement or written account statement or invoice provided to the consumer by a creditor ; Official interpretation of Paragraph 34 ( b ) ( 3 ) ( i ).

( ii ) The charge-off date, which is the date the debt was charged off ; ( iii ) The last payment date, which is the date the last payment was applied to the debt ; Official interpretation of Paragraph 34 ( b ) ( 3 ) ( iii ).

( iv ) The transaction date, which is the date of the transaction that gave rise to the debt ; or Official interpretation of Paragraph 34 ( b ) ( 3 ) ( iv ).

( v ) The judgment date, which is the date of a final court judgment that determines the amount of the debt owed by the consumer.

( 4 ) Validation notice means a written or electronic notice that provides the validation information required by paragraph ( c ) of this section.

( 5 ) Validation period means the period starting on the date that a debt collector provides the validation information required by paragraph ( c ) of this section and ending 30 days after the consumer receives or is assumed to receive the validation information. For purposes of determining the end of the validation period, the debt collector may assume that a consumer receives the validation information on any date that is at least five days ( excluding legal public holidays identified in 5 U.S.C. 6103 ( a ), XXXX, and XXXX  ) after the debt collector provides it.

Official interpretation of 34 ( b ) ( 5 ) Validation period.

( c ) Validation information. Pursuant to paragraph ( a ) ( 1 ) of this section, a debt collector must provide the following validation information.

( 1 ) Debt collector communication disclosure. The statement required by 1006.18 ( e ).

Official interpretation of 34 ( c ) ( 1 ) Debt collector communication disclosure.

( 2 ) Information about the debt. Except as provided in paragraph ( c ) ( 5 ) of this section : ( i ) The debt collectors name and the mailing address at which the debt collector accepts disputes and requests for original-creditor information. 

I spoke with XXXX on XXXX and she told me it was verified on XX/XX/XXXX through XXXX and that would not have been possible because my account with XXXX I put a freeze on my account with them on XX/XX/XXXX and you would need my password in order to get any information, not to mention the XXXX is not on their record.

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