Consumer complaint received 2020-08-14
Company: Experian Information Solutions Inc.
State: PA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Public record information inaccurate

Complaint:
On XX/XX/XXXX, I mailed a registered letter to Experian National  Consumer Assistance Center, XXXX, TX., demanding verification of the 2 Bankruptcies that were posted on my credit report. One was from XXXX, ( Bk case # XXXX, which was dismissed, and the other was from XXXX ( Bk case # XXXX ) which shows as filed. Experian signed for the registered letter on XXXX. ( Both the original letter and the verification of signature are enclosed. ) I challenged the accuracy and compliance of these listings. I asked for validation from the US Bankruptcy Court, XXXX, PA, where they showed these originated from, with copies of the documentation bearing my signature. 
Earlier, in a letter I had sent to the US Bankruptcy Court in XXXX, PA, I asked for the method that they use for validation/verification to the reporting agencies. In their reply letter, they verified that they report nothing to these reporting agencies. ( I have enclosed copies of the original letter sent to the court and their reply letter. ) Experian failed to respond back in a timely manner, no doubt because they knew they could not verify this or any other information with the US Bankruptcy Court in XXXX, who they show as the reporting agency. Their verification would have to come from some 3rd party agency, such as XXXX, which is totally against the guidelines set up in the FCRA. 
Under the new settlement, titled NCAP, effective XXXX, any public record data on the records reported by the credit reporting agencies, must include name and address as well as SSN or DOB in order for it to appear in your credit file. The postings in my file on these reported bankruptcies, do not. Also, Experian can not verify the Bankruptcies with the court, as reported, because the court doesn't share information with credit reporting agencies, as stated earlier. 
Experian has not updated the information and per the new agreed settlement under the NCAP, because the bankruptcies listed do not include this information and should be deleted from my credit file. 
In addition, according to the Fair Credit Reporting Act, Section 609 ( a ) ( 1 ) ( A ), reporting agencies are required by federal law to verify - through the physical verification of the original signed consumer contract - any and all accounts they post on a credit report. Otherwise, anyone paying for your reporting services could fax, mail or email in a fraudulent account information. 
This incident highlights how these agencies, like Experian, will gather any type of inaccurate information on virtually anyone. They even went so far as to post a supposed bankruptcy, dating back to XXXX, ( Bk number XXXX ) that had been dismissed! It is common knowledge that any case, whether it be civil or otherwise, once dismissed, no longer exists in the eyes of the law. This case filed, may never have actually been adjudicated. Experian has no right to maintain information which the government has deemed non-existent. 
Considering this does not require an investigation, I would appreciate an updated copy of my credit report showing no bankruptcies within two weeks from the date you receive this letter. This incident needs to be resolved immediately.

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