Consumer complaint received 2018-03-07
Company: Experian Information Solutions Inc.
State: IL
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: Was not notified of investigation status or results

Complaint:
I am filing this complaint because Experian has continuously ignored my request to provide me with the documents that their company should have on file that was used to verify the accounts I disputed. They have gone long beyond the 30 day mark and can not provide a legally binding verification, nor proof of that verification, which FCRA Section 611 ( 5 ) ( a ) states that I am entitled. On XX/XX/18 around XXXX CST I spoke with XXXX XXXX an Experian Supervisor in the fraud department. On a recorded line I was told, Experian does not verify the accounts with the original creditor and a third party was used ; it may or may not have been XXXX. I specifically asked for the name and business address of the third party furnisher of the information and was told that NO ONE at Experian has that information, so they CAN NOT provide it to me. 

XXXX XXXX XXXX XXXX XXXX defines Verification as confirmation of correctness, truth, or authenticity of a pleading, account, or other paper, by an affidavit, oath, or deposition. XXXX XXXX vs. XXXX, XXXX, XXXX. XXXX, XXXX XXXX XXXX XXXX ; XXXX vs. XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX Fed. XXXX ; XXXX vs. XXXX, XXXX App. Div. XXXX, XXXX XXXX XXXX XXXX XXXX. This legal definition is saying that the person verifying must be able to testify to its accuracy under oath, either by affidavit, in court or in court proceedings such as a deposition. In order to testify to accuracy the person would have to have 1st hand knowledge otherwise it is considered hearsay because the furnisher of the information is relying solely on public information and technology that has known to have mistakes. The courts has a firm ruling on hearsay : Testimony, whether live or in the form of an affidavit, to the effect that the witness has reviewed a file and that the file shows that the debtor is in default is hearsay and incompetent ; rather the records must be introduced after a proper foundation is provided XXXX XXXX XXXX XXXX vs. XXXX XXXX XXXX , 238~ These accounts have not been properly verified and are being reported with incorrect dates. During the XX/XX/18 call with XXXX ( an Experian Fraud Department Supervisor ) on a recorded line I was told, to go to the original creditor and request a stamped and certified statement to validate that the information Experian is reporting on my credit report contains errors. Yesterday I received certified, stamped and signed statements from the original creditor and attached it to this complaint. Experian is reporting outdated and inaccurate information with incorrect filing dates. Please reference the attached Experian credit report and the certified, stamped and signed statement from the original creditor. I am demanding that these derogatory accounts be immediately removed.

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