Consumer complaint received 2023-06-11
Company: Experian Information Solutions Inc.
State: NY
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: Their investigation did not fix an error on your report

Complaint:
On or about XX/XX/XXXX i sent a Notice of Fault, demand letter to Experian through cfpb portable to remove the following account XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX On or about XX/XX/XXXX i received dispute result letter stating Experian has received my dispute but the items on my consumer report would remain as updated which indicated verified see exhibit ( 99 ) Through the cfpb complaint portal, On XX/XX/XXXX Experian Responded to each account with statements such as the following for example indicting they have contacted the Persons who shared to them the information and that each person verified the account At your request to conduct a reinvestigation, we contacted the data furnisher 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 Per your request to conduct a reinvestigation, we contacted the data furnisher ( s ) for disputed items on your Experian credit report and asked them to verify the accuracy of the information with which you disagree. They responded and verified that the remaining disputed information was accurate as reported You are requesting to have it deleted. At your request to conduct a reinvestigation, we contacted the data furnisher/public record vendor 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. 

You are requesting to have the disputed items corrected or deleted from your report. Per your request to conduct a reinvestigation, we contacted the data furnisher ( s ) for disputed items on your Experian credit report and asked them to verify the accuracy of the information with which you disagree. They responded and verified that the remaining disputed information was accurate as reported XXXX. Pursuant to " 603 ( e ) The term 'investigative consumer report means. a consumer report or portion thereof in which information on a consumer 's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information.However, such information shall not include specific factual information on a consumer 's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer Based on the responses from the cfpb complaint I allege that Experian has failed to conduct a proper investigative consumer report, as required by the Fair Credit Reporting Act ( FCRA ). The information you have obtained regarding my account includes specific factual information on my consumer credit record, obtained directly from the creditor. This type of information does not constitute an investigative consumer report as defined in 603 ( e ) of the FCRA. Consequently, it is not the information I requested, as I explicitly asked for the permissible purpose you have to report my information.

Pursuant to 617 ( 1 ) of the FCRA, Experian is liable to me, the consumer, in the amount of {$2500.00} in damages for emotional distress resulting from negligently failing to comply with the FCRA 's requirement. Additionally, pursuant to 611 ( a ) of the FCRA, XXXX failed to conduct a proper investigation in accordance with the FCRA, failed to verify the information, and neglected to delete such information after being unable to verify it in accordance with the FCRA. 

Furthermore, I am aware that Experian has no permissible purpose to furnish a consumer report on my behalf, as I have not provided written instructions to do so. By violating the requirements imposed by 604 of the FCRA, Experian has willfully failed to comply with the provisions outlined in 607 ( a ) of the FCRA, which mandates maintaining reasonable procedures designed to limit the furnishing of consumer reports to the purposes listed under 604. Consequently, Experian holds itself liable, pursuant to 616 of the FCRA, to pay me, the consumer, up to {$2500.00} for any actual damages resulting from identity theft and the failure to respect my right to privacy, as outlined in 602 ( a ) ( 4 ) of the FCRA, due to the failure to follow the requirements imposed by Congress. 
XXXX. i do understand Experian thinks Accpetance now is a Furnisher of information, in fact pursuant to 12 CFR 1022.41 ( c ) ( 2 ) they can not can not be a Furnisher because you acting as consumer reporting agency as defined pursuant to 15 U.S. Code 1681a of the FCRA, My Identifying information pursuant to 12 CFR 1022.3 ( g ) ( 1 ) which is my name social security number, government identification number date of birth, pursuant to 12 CFR 1022.3 ( g ) 3 ) my account number which is a unique electronic identification number Used To identify me the consumer specifically, in conjunction with information regarding my transactions and experiences, which would be a consumer report pursuant to 15 U.S. Code 1681a ( d ) ( 1 ) ( A ) and Creditor is a consumer reporting agency due to the fact such information is bearing on my consumer credit worthiness, credit standing, credit capacity, character, general reputation, and was collected for the purpose of serving as a factor in establishing the consumers eligibility for credit and has a direct reflection on my credit score pursuant to 15 U.S. Code 1681g ( f ) ( 2 ) ( A ) ( i ) 3. pursuant to 15 U.S. Code 1681 ( b ) ( f ) ( 1 ) Eperian failed to obtain a consumer report for a purpose for which the consumer report is authorized to be furnished under 15 U.S. Code 1681 ( b ) in conjunction pursuant to 15 U.S. Code 1681 ( b ) ( f ) ( 2 ) you have no certified purposes in accordance with section 1681e of the Fair Credit Reporting Act as a prospective user of the report through a general or specific certification, you have failed pursuant to 15 U.S. Code 1681e ( a ) to maintain reasonable procedures designed to avoid to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title Additionally, pursuant to 619 of the FCRA , it has come to my attention that Experian knowingly and willfully obtained information under false pretenses from a consumer reporting agency regarding me, the consumer. This action is a violation of the FCRA, and I am holding XXXX liable for a fine of {$5000.00} as a result. 

I trust that you will take this matter seriously and promptly address my concerns and delete the following accounts. I request a response within [ reasonable time frame, e.g., 14 days ] from the date of this letter, Furthermore, I expect a clear and satisfactory explanation regarding the alleged non-compliance with the FCRA provisions as far remedy for your failure to comply with the requirements imposed under the fair credit reporting act Failure to address this matter promptly and appropriately may result in further legal action to protect my rights and seek appropriate remedies. I trust that you will fully cooperate and comply with the FCRA requirements to rectify this situation. 

I look forward to receiving your prompt response and the requested investigative material. 

Sincerely, [ XXXX XXXX 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