Consumer complaint received 2023-05-27
Company: Experian Information Solutions Inc.
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
For the past several months I have been disputing inaccurate information with Experian, XXXX and XXXX on the following accounts with the following details : XXXX XXXX XXXX High balance Date of last activity Date opened Date of last payment Closed date XXXX XXXX XXXX High balance Date opened Date of last payment Closed date Date of last activity XXXX XXXX. XXXX Date opened High balance Date of last payment Date of last activity Closed date All three bureaus claimed they verified the information is accurate, but one look at my attached credit report shows several inaccuracies regarding these items still exist. 
These bureaus failed to follow reasonable procedures to ensure maximum accuracy of credit reports it prepared concerning XXXX XXXX and These bureaus failed to investigate the credit report inaccuracies in response to my disputes. 

The Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq. was enacted to require the consumer reporting agencies to adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information. 15 U.S.C. 1681 ( b ). 

Under the FCRA, whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum accuracy of the information concerning the individual ab out whom the report relates. 15 U.S.C. 1681e ( b ). 

Under the FCRA, if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of such dispute, the agency shall reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30 - day period beginning on the date on which the agency receives the notice of dispute from the consumer. 15 U.S.C. 1681i ( a ). 

In conducting any reinvestigation under 1681i ( a ) ( 1 ) with respect to disputed information in the file of any consumer, the consumer reporting agency shall review and consider all relevant information submitted by the consumer in the period described in 1681i ( a ) ( 1 ) ( A ) with respect to such disputed information. 15 U.S. C. 1681i ( a ) ( 4 ). 

Under the FCRA, any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; such amount of punitive damages as the court may allow ; and the costs of the action together with reasonable attorneys fees. 15 U.S.C. 1681n. 

Under the FCRA, any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages sustained by the consumer as a result of the failure, the costs of the action together with reasonable attorneys fees. 15 U.S.C. 1681o. 

If a consumer disputes the data provided by a furnisher to the bureaus, the bureaus purport to contact the furnisher to verify the information. If that information is not verified, The bureaus purport to place a flag on the trade line to prevent it from being presented on a consumers credit report. 

The inaccurate disputed information remains on my XXXX credit profile to this day. More specifically, on XXXX # XXXX, the date opened, date of last activity, term length, last payment and the high balance still varies across the three bureaus and are inaccurate. On XXXX # XXXX, the date opened, date of last activity, term length, and the high balance varies across the three bureaus and are inaccurate. On XXXX # XXXX, the date opened, date of last activity, and the last payment date varies across the three bureaus and are inaccurate. 

On or about XX/XX/XXXX, I received a letter from XXXX essentially stating they completed their investigation and verified the disputed information was accurate. In this instance, XXXX did not conduct a reasonable investigation because the erroneous information remained. 

On or about XX/XX/XXXX, I received a letter from XXXX stating we will not be conducting further investigation into this particular accounts ( s ) .., refusing to investigate my dispute. In this instance, XXXX failed to investigate. 

The inaccurate disputed information remains on my XXXX credit profile to this day. More specifically, on XXXX # XXXX, the date opened, date of last activity, term length, last payment and the high balance still varies across the three bureaus and are inaccurate. On XXXX # XXXX, the date opened, date of last activity, term length, and the high balance varies across the three bureaus and are inaccurate. On XXXX # XXXX, the date opened, date of last activity, and the last payment date varies across the three bureaus and are inaccurate. 

On or about XX/XX/XXXX, I received a letter from Experian stating We received a recent request regarding your credit information that does not appear to have been sent directly by you or to be authorized by you. As a precautionary measure, we have not taken any action on your alleged request, refusing to investigate my dispute. In this instance, Experian failed to investigate. 

I sent another dispute letter to Experian regarding the same inaccuracies on or about XX/XX/XXXX. 

On or about XX/XX/XXXX, I received another letter from Experian stating We received a recent request regarding your credit information that does not appear to have been sent directly by you or to be authorized by you. As a precautionary measure, we have not taken any action on your alleged request, refusing to investigate my dispute. In this instance, Experian failed to investigate. 

By allowing the data furnishers to repeatedly and on an ongoing basis not only furnish, but supposedly verify, incorrect information, the bureaus fail to have reasonable policies and procedures in place to ensure the maximum possible accuracy of the information they report, in violation of the FCRA. 

As the result of its violations of the FCRA, the bureaus are liable to me for statutory and punitive damages, as well as attorneys fees and costs. 15 U.S.C. 1681n. 

The bureaus conduct and actions were willful. The language of section 1681e ( b ) is pellucidly clear and there is no reasonable reading of the statute that could support the bureaus actions. 

The bureaus received notification that the data furnishers were continuously reporting, and verifying, erroneous information that was inaccurate. Nonetheless, the bureaus willfully, deliberately and intentionally reported and maintained the incorrect information furnished by data furnishers on my credit reports, continued to do so after I disputed the accuracy thereof. 

As a result of the bureaus conduct, I have suffered concrete injuries. I have fraudulent and inaccurate credit information defamatorily disseminated to third parties, and have have my credit scores significantly damaged by this information, resulting in less-preferable credit terms and even denial for loans and other sources of credit. I have further had my time wasted and expenses incurred in having to dispute these blatant inaccuracies, sometimes repeatedly, due to the bureaus failures. Additionally, I Have suffered the resulting frustration, anxiety, and emotional distress associated with the reporting of this fraudulent information which has subjected him to abusive credit reporting practices from which they have a substantive right to be free. 

The bureaus violations of the FCRA were willful. Accordingly, I am entitled to statutory, actual, and punitive damages under 15 U.S.C. 1681n. 
Additionally, The bureaus violations of the FCRA were negligent. Accordingly, I am entitled to statutory and actual damages under 15 U.S.C. 1781o.

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