Consumer complaint received 2023-11-16
Company: Experian Information Solutions Inc.
State: CA
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
Subject : Formal Request to Investigate and Correct Inaccuracies in My Consumer Reports Dear Sir/Madam, Upon conducting a meticulous examination of my consumer reports, I have uncovered disconcerting inaccuracies concerning reported " late payments '' on specific accounts, including XXXX Account # XXXX, # XXXX, # XXXX, # XXXX. To the best of my knowledge and recollection, I have consistently made on-time payments on these accounts. The inclusion of these inaccuracies not only undermines my creditworthiness but also raises serious concerns regarding the violation of my rights under the Fair Credit Reporting Act ( FCRA ) and various other legal provisions. These include : 15 U.S. Code 1681 : This section of the FCRA provides the foundational framework for consumer credit reporting and governs the actions of Consumer Reporting Agencies. It outlines the rights and responsibilities of both consumers and credit reporting agencies in the reporting and management of credit information. 
XXXX XXXX XXXX XXXX section XXXX A : This particular provision emphasizes and safeguards the right to privacy for consumers. It highlights the importance of ensuring that sensitive financial information is accurately reported and maintained.

15 U.S. Code 1681 section 604 A Section 2 : This section reinforces the requirement that a Consumer Reporting Agency can not furnish an account without obtaining written instructions from the consumer. It ensures that reporting is done with the clear consent and authorization of the consumer. 
15 U.S. Code 1666b : This section relates to the rights of consumers in credit disputes and mandates that credit reporting agencies must conduct thorough investigations upon receiving a dispute from a consumer.

15 U.S Code 1605 : This section outlines the specific duties of furnishers of information, including creditors and financial institutions, to provide accurate and complete information to credit reporting agencies. 
15 U.S. Code 6802 : This provision pertains to the protection of sensitive financial information and outlines measures that must be taken to ensure the security and confidentiality of consumer data.

15 U.S. Code 1681i : This section details the obligations of credit reporting agencies when investigating consumer disputes. It ensures that disputes are handled in a fair and accurate manner.

15 U.S. Code 1681i ( 5 ) : This subsection of the FCRA is particularly relevant to the investigation of disputes and stipulates the procedures that must be followed when reviewing the accuracy of consumer credit information.

15 USC 6802B : This section relates to data security and the protection of sensitive financial information.

15 U.S. Code 1692k : This section, while not directly related to credit reporting, is pertinent to this matter. It falls under the Fair Debt Collection Practices Act ( FDCPA ) and outlines penalties for violations of debt collection regulations. This section underscores the importance of adherence to consumer protection laws.

15 U.S. Code 1681b ( a ) ( c ) : This section outlines permissible purposes for obtaining consumer reports. It is crucial to ensuring that information is accessed and used appropriately.

In light of these legal provisions, and in accordance with the FCRA and other relevant regulations, if you are unable to provide substantial evidence to support the reported late payments, I insist that you promptly correct my credit report to accurately reflect the true status of these accounts, which is " on time. '' To the best of my knowledge and records, I have never been late on these accounts, and these inaccuracies have the potential to significantly impact my financial well-being.

Furthermore, I must emphasize that the late payment entries on my credit report, as they are currently reported, are in violation of the FCRA, specifically 15 U.S. Code 1681a ( 2 ) ( a ) ( i ). According to the FCRA, late payments should not be reported as negative information. The inclusion of these inaccurately reported late payments adversely affects my creditworthiness and hinders my ability to obtain favorable credit terms.

Additionally, under the Health Insurance Portability and Accountability Act ( HIPAA ) law, I am protected from having my information shared with third parties without my explicit consent. I have neither signed nor given any permission for the sharing of my personal and financial information with any third party. 

Moreover, I must insist that you provide a detailed breakdown of all medical charges and fees associated with the reported accounts, including any collection costs. I also request a copy of my wet signature with the provider of services, authorizing the release of my medical information to you. 

Additionally, I hereby request that you immediately cease any and all credit bureau reporting of the disputed information while this matter is under investigation. 

Furthermore, please note that I accept this letter as formal debt validation, which is my right under the Fair Debt Collection Practices Act ( FDCPA ). Withholding any information received from any provider, including but not limited to detailed billing and authorization documents, will also be considered a violation of my rights under the FDCPA and other applicable laws. 

As per 15 U.S. Code 1692k, I must also request payment for each violation on my credit report. Each violation constitutes a separate instance of non-compliance, and I expect a mailed check of {$1000.00} for each violation to be issued to me. 

After the completion of your investigations and necessary corrections, I kindly request that you send me an updated credit report to the address stated above, along with the checks for the violations and all the requested documentation. 

I deeply appreciate your prompt attention to this matter and anticipate the resolution and correction of my consumer reports without undue delay.

Company response to consumer: In progress