Consumer complaint received 2023-09-08
Company: Experian Information Solutions Inc.
State: IL
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:
XXXX, Experian, and XXXX continue to report inaccurate information on my consumer report. The account listed XXXX Account # : XXXX has several inconsistencies among the three reporting agencies. 

Account # : XXXX XXXX XXXXXXXX Account Status : Derogatory Open Derogatory Monthly Payment : {$0.00} {$90.00} {$0.00} High Credit : {$200.00} {$200.00} {$120.00} Credit Limit : {$170.00} {$170.00} {$0.00} Past Due : {$15.00} {$75.00} {$15.00} Payment Status : Collection/Chargeoff Late 150 Days Collection/Chargeoff Last Reported : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Comments : Charged off as bad debt Profit and loss write-off - Charged off account Secured credit card Date Last Active : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Date of Last Payment : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX 15 U.S. Code 1681 - Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. 
( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.

( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.

( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.

( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies 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 in accordance with the requirements of this subchapter.

15 U.S. Code 1693g - Consumer liability ( a ) Unauthorized electronic fund transfers ; limit A consumer shall be liable for any unauthorized electronic fund transfer involving the account of such consumer only if the card or other means of access utilized for such transfer was an accepted card or other meanas [ 1 ] of access and if the issuer of such card, code, or other means of access has provided a means whereby the user of such card, code, or other means of access can be identified as the person authorized to use it, such as by signature, photograph, or fingerprint or by electronic or mechanical confirmation. In no event, however, shall a consumers liability for an unauthorized transfer exceed the lesser of ( 1 ) {$50.00} ; or ( 2 ) the amount of money or value of property or services obtained in such unauthorized electronic fund transfer prior to the time the financial institution is notified of, or otherwise becomes aware of, circumstances which lead to the reasonable belief that an unauthorized electronic fund transfer involving the consumers account has been or may be effected. Notice under this paragraph is sufficient when such steps have been taken as may be reasonably required in the ordinary course of business to provide the financial institution with the pertinent information, whether or not any particular officer, employee, or agent of the financial institution does in fact receive such information. 
Notwithstanding the foregoing, reimbursement need not be made to the consumer for losses the financial institution establishes would not have occurred but for the failure of the consumer to report within sixty days of transmittal of the statement ( or in extenuating circumstances such as extended travel or hospitalization, within a reasonable time under the circumstances ) any unauthorized electronic fund transfer or account error which appears on the periodic statement provided to the consumer under section 1693d of this title. In addition, reimbursement need not be made to the consumer for losses which the financial institution establishes would not have occurred but for the failure of the consumer to report any loss or theft of a card or other means of access within two business days after the consumer learns of the loss or theft ( or in extenuating circumstances such as extended travel or hospitalization, within a longer period which is reasonable under the circumstances ), but the consumers liability under this subsection in any such case may not exceed a total of {$500.00}, or the amount of unauthorized electronic fund transfers which occur following the close of two business days ( or such longer period ) after the consumer learns of the loss or theft but prior to notice to the financial institution under this subsection, whichever is less.

( b ) Burden of proof In any action which involves a consumers liability for an unauthorized electronic fund transfer, the burden of proof is upon the financial institution to show that the electronic fund transfer was authorized or, if the electronic fund transfer was unauthorized, then the burden of proof is upon the financial institution to establish that the conditions of liability set forth in subsection ( a ) have been met, and, if the transfer was initiated after the effective date of section 1693c of this title, that the disclosures required to be made to the consumer under section 1693c ( a ) ( 1 ) and ( 2 ) of this title were in fact made in accordance with such section.

( c ) Determination of limitation on liability In the event of a transaction which involves both an unauthorized electronic fund transfer and an extension of credit as defined in section 1602 ( e ) [ 2 ] of this title pursuant to an agreement between the consumer and the financial institution to extend such credit to the consumer in the event the consumers account is overdrawn, the limitation on the consumers liability for such transaction shall be determined solely in accordance with this section.

( d ) Restriction on liability Nothing in this section imposes liability upon a consumer for an unauthorized electronic fund transfer in excess of his liability for such a transfer under other applicable law or under any agreement with the consumers financial institution.

( e ) Scope of liability Except as provided in this section, a consumer incurs no liability from an unauthorized electronic fund transfer.

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