Consumer complaint received 2023-08-08
Company: Experian Information Solutions Inc.
State: TX
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
XXXX XXXX XXXX XXXX Is reporting inaccurate information on a balance due on an alleged charge off. I have dealt with them before. That car was in mechanical failure and they recovered it from the XXXX XXXX dealership. They then resold the car and are trying to charge me more money after they said they would not and that they were going to follow CARES Acts COVID 19 Rules for this account. They have yet be behave fairly and remove this account from my credit file as they stated. If they refuse the delete the account entirely they should at a minimum remove the late payments? They can not charge me late payments for 14 months! They have months marked as Charge Off and are also hitting my credit profile with late payments for a debt that is not valid. They are an abusive creditor that have called me several times in XXXX, XXXX, and XXXX, threatening to do what they have done, and put a balance on my Credit File, as well as try to sue me. All these scare tactics employed against a XXXXXXXX XXXX! I have recordings of the conversations and will be using them in my civil lawsuit against them for harassment, defamation, emotional distress, and loss of wages. What they are doing is cruel and unusual. 

You have failed to verify this account and have nothing that even has my correct name of the account. This account must be removed. 

Also There should be no late payment or Charge Off months. The account should be deleted or paid in full with XXXX balance due. 


Follow the law and remove this account from the Credit Reporting Companies or At least follow the law about no late payments and chargeoffs should be reported. 


You are required by FCRA to send notification 21 days before due date, and it states that late payments are excluded from reporting. Its against federal law for you to keep reporting late payments to the CRAs or verifying them. Are you governed by FCRA? If you are, then you must delete them. You are required to comply. Also the Law below states that you, a financial institution are required to notify me before you even try to disclose info to a third party, i.e. CRAs before giving me the ability to tell you NOT to submit it. I am telling you to stop reporting information to any third party. Delete the late payment records immediately and or just respond to this dispute in defiance stating that its verified again so the CFPB can see how you have been ignoring the law in dealing with these concerns. Please just delete these two accounts as our business is concluded. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a non-affiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a non-affiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. I am a XXXX XXXX please do not continue to harm me. 


Federal CARES Act laws prevent you from reporting late payments and charge offs related to COVID time XXXX to XXXX. To the Credit Reporting Companies listed on this complaint. The FCRA Law is as follows : XXXX XXXX XXXX XXXX XXXX Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( F ) Reporting information during COVID19 pandemic ( i ) Definitions In this subsection : ( I ) Accommodation The term accommodation includes an agreement to defer 1 or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief granted to a consumer who is affected by the XXXX XXXXXXXX XXXX ( XXXX ) pandemic during the covered period. ( II ) Covered periodThe term covered period means the period beginning on XX/XX/XXXX and ending on the later of ( aa ) 120 days after XX/XX/XXXX ; or ( XXXX ) 120 days after the date on which the national emergency concerning the novel XXXX XXXXXXXX ( XXXX ) outbreak declared by the President on XXXX The CARES Act prevents lenders from reporting late payments to credit reporting companies during the COVID-19 crisis. The new law has put various other requirements into effect that allow for more flexible agreements with your creditors. Lenders may offer solutions such as forbearance or reduced interest rates. The following accounts fall under the time period of COVID and are required by law to be deleted as it was illegal for them to be reported. This is not something your personnel can ignore or try to avoid complying with. You are required to delete these. Sending a verified letter is a violation of this law! All Creditors you are required to follow Federal Consumer law! Consult with your legal team, but do NOT ignore this. You do not have the option to refuse to comply or tell the Credit Reporting Companies that its verified. You are required to remove all late payments and report the status as never late! 

I will be forced to file a report with the FTC against your company and submit a complaint to the Texas Attorney General. Please just delete the accounts.

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